By Mary Young
Everything must go?
Mary Young
When individuals fall out in business it can have devastating consequences for the company, partnership or LLP. Our litigation team has extensive experience in resolving business disputes quickly and effectively. We recognise that boardroom disputes can be particularly fraught and stressful and we have the expertise to provide a bespoke service in times of crisis.
We combine advice about our clients’ legal rights and obligations, with strategic expertise, which is critical in any boardroom battle. We advise when and how to litigate or on alternative means of dispute resolution where appropriate, including arbitration, mediation and round table settlement discussions.
We act for shareholders, members, directors and companies (ranging from small privately-owned companies through to PLCs), and partners and LLPs in partnership in a wide range of disputes, including in the following areas:
- Unfair prejudice petitions for and against minority shareholders
- Acting for shareholders in relation to breaches of shareholder agreements
- Bringing and defending derivative actions
- Earn out disputes
- Acting on behalf of shareholders to enforce their rights to purchase or sell shares under sale and purchase agreements
- Breach of fiduciary duty claims for and against directors, partners and LLP members
- Fraud related disputes for and against directors, partners and LLP members
- Director misfeasance claims
- Acting on behalf of directors defending disqualification proceedings
- Representing individual partners and partnerships in issues arising out of the dissolution and termination of partnerships, including related partnership disputes about property and profit entitlements
Boardroom disputes are not unusual. In 2013, CEDR and the IFC Corporate Governance Group conducted a global survey of 191 directors and board members which revealed that 29.6% of respondents had experienced a boardroom dispute which affected the survival of the organisation and 42.8% reported that conflict had reduced the level of trust between board members.
We recognise that our commercial clients are concerned about the financial consequences of being involved in a dispute. We therefore provide clear costs advice and consider with our clients various litigation funding options. We also help our clients evaluate the commercial benefit of litigation against settlement at all stages of a dispute to enable them to make informed decisions for the good of their business interests.
