Shareholder and Boardroom Disputes

14 December 2020

Money, money, money: what are directors’ duties in respect of the company’s bank account?

Disputes between directors often arise because of, and/or result in, disputes about company money. Directors need to be alert to how they are required to act, particularly in times of conflict.

Emily Greig

4 December 2020

Can a De Facto Director be disqualified as a Director?

It is well known that directors owe duties to the company of which they are a director and, in certain circumstances, its shareholders, creditors and employees. Many people believe that if you have not been formally appointed as a director, i.e. you do not appear on Companies House records as a director, you will not owe the usual directors’ duties and, therefore, cannot be in breach of such duties or subject to sanctions for breach.

Fiona Simpson

18 November 2020

Directors’ communications with their solicitors: perhaps not as privileged as you think (Part 2)

In the recent case of Barrowfen Properties Ltd v (1) Girish Dahyabhai Patel (2) Stevens & Bolton LLP (3) Barrowfen Properties II [2020] EWHC 2536 (Ch), the High Court extended the iniquity exception to breaches of a director’s statutory duties.

Elena Matsa

23 October 2020

The driving force fallacy

Court of Appeal overturns injunction in favour of son who sought to restrain his family from participating in the management of their caravan park business - Loveridge –v- Loveridge [2020] EWCA Civ 1104.

Richard Clayman

5 August 2020

Simply Alarming: when might an unfair prejudice petition fail?

In the recent case of Simply Alarming Security Ltd [2020] 7 WLUK 330 the Court refused to order that the Respondent director/shareholder had to purchase the shares of a shareholder/former director (the Petitioner) who alleged that she had been the subject of unfairly prejudicial conduct by the Respondent. 

Fiona Simpson

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