Director Disputes

When directors disagree it can damage the business of the company and prove highly stressful for those involved. If you are seeking to find a way forward, our dispute resolution team has extensive experience in resolving business disputes quickly and effectively.

Click here to see our answers to frequently asked questions relating to director disputes.

Director disputes arise for a range of reasons. All company directors have a number of duties, including a duty to promote the success of the company. Directors disagreeing over the management of the company and how to promote its success can lead to disputes in the boardroom, particularly where there are misgivings as to whether the board is acting properly. Conflicts of interest and suspicions that a fellow director may be misappropriating company funds or otherwise acting improperly also frequently give rise to disputes.

We act for directors and companies, ranging from small companies through to PLCs, and are experienced in dealing with a wide range of disputes, including:

  • Breach of fiduciary duty claims for and against directors
  • Fraud related disputes for and against directors
  • Conflicts of interest
  • Dismissing a director
  • Director misfeasance claims
  • Defending disqualification proceedings
  • Earn out disputes
  • Disputes between directors relating to insolvency/winding up
  • Deadlocked board of directors
  • Activist shareholders
  • Restrictive covenant disputes

We are able to provide directors with well-rounded advice to address the many issues they may face by working alongside our other specialist teams including Corporate and Commercial, Employment and Immigration. We also have particular expertise regarding criminal and regulatory issues. Please see our Directors and Officers page for more information.

We have the strategic expertise to advise on when and how to litigate and whether to engage in alternative means of dispute resolution where appropriate, including arbitration, mediation and round table settlement discussions. We recognise that commercial clients are concerned about the financial and reputational consequences of being involved in a dispute. We provide costs advice and consider with our clients various litigation funding options.

Dispute Resolution blogs

Civil Fraud Quarterly Round-Up: Q1 2022

Case updates quarterly round-up (1st quarter 2022)

The English Court: A Fraudster’s Crypto-nite

The English High Court, in Mr Dollar Bill Limited v Persons Unknown and Others [2021] EWHC 2718 (Ch), has once again come to the rescue for victims of fraud – this time armed with a Norwich Pharmacal Order to be served outside the jurisdiction.

The top 3 types of fraud and what victims can do

I have been compiling quarterly round ups of fraud-related cases since 2016. One of the insights this gives me is an idea of trends in the types of fraud that end up before the Courts of England and Wales. In addition to this, my business is often contacted by victims of fraud seeking redress, which provides a closer understanding of what fraudsters are up to and the impact of those actions.

Funerals and feuding families – What happens if there is a dispute over arrangements for a loved one’s body?

The death of a loved one is an incredibly sad and difficult time for any family, and in the vast majority of cases those closest to the deceased are able to arrange an appropriate “send-off” which gives everyone the opportunity to pay their respects and say goodbye. Unfortunately however, there may be situations where the relevant parties cannot agree on the funeral arrangements, or what should happen to the deceased’s body. This blog considers who is legally responsible for deciding what happens to the body and how the Court has approached disputes in recent cases.

Privacy vs Transparency – The media are coming to a family court near you!

As family lawyers we help clients through challenging times when they may struggle to manage the overwhelming emotional impact of divorce. Until recently, they could be entitled to assume that any court proceedings would be heard in private and it would be highly unlikely for them to be reported in the media or for any documents to be available for any third party to inspect.

Proving Will Fraud or Forgery: Is There Evidence?

When a family member or loved one dies, sometimes the terms of their will, if they made one during their lifetime, can come as a surprise to those who survive them. For example the will might include unexpected beneficiaries, or certain beneficiaries might receive a greater or lesser share of the estate than others. Under the laws of England and Wales, a person has the freedom to leave their estate to whoever they choose and there is no legal obligation to provide for any particular family member or other individual. Therefore, whilst family members or individuals might regard the terms of the will as unfair or unexpected, the law will generally uphold the wishes of a testator set out in their will, if it has been validly made.

COVID-19 and its impact on charity fraud

It is now two years since the first case of COVID-19 was reported, and the virus still continues to have a devastating impact around the world. As history shows us all too well, such times of crisis and economic downturn provide fertile ground for fraudsters and criminal opportunists. The current pandemic is no exception. From bogus COVID-19 cures to phishing emails and phony websites, scammers are taking advantage of peoples' fears as the pandemic persists. Unfortunately, the past few months have also seen a stark increase in instances of fraud against charities.

Novak needs a Cost Expert: Costs in Appeal Hearings Explored

Being an avid tennis fan, in the small hours of 16th January 2022, I checked my phone to see if Novak Djokovic was going to be able to compete for his 21st Grand Slam title (surpassing Roger Federer and Rafa Nadal as the most decorated male tennis player in Grand Slam history) or whether his appeal would in fact be rejected leading to his deportation.

Is the pandemic the perfect storm for will challenges?

A will can be contested on the basis that it is invalid by relying on various grounds. It is fast becoming apparent that sadly the pandemic may have given rise to the perfect storm for will challenges on one or more of these grounds.

Civil Fraud Quarterly Round-Up: Q4 2021

A Civil Fraud quarterly round-up (4th quarter 2021)

What a relief (from sanctions)! Court grants application made 5 years out of time

In the recent case of Apollo Ventures Co Ltd v Manchanda [2021] EWHC 3210 (Comm) an extension of time of almost five years was granted in the Defendant’s application for a stay under Civil Procedure Rules (“CPR”) Part 11 – disputing the Court’s jurisdiction.

Costs not recoverable on ‘the nod’ - A warning for private prosecutors R (on the application of T M Eye Ltd) v Southampton Crown Court [2021] EWHC 2624 (Admin)

Last month, the High Court handed down judgement in R (on the application of T M Eye Ltd) v Southampton Crown Court reinforcing the correct approach to applications for an award from central funds for the costs of a private prosecution. Despite clear ‘Jurisdictional error’ on the part of the Crown Court, the appellant court took the opportunity to warn private prosecutors; applications will not be approved ‘on the nod’.

BEIS White Paper on Audit Reform: will directors take on more personal liability?

In Part 1 of our two-part series on the Department for Business, Energy and Industrial Strategy's (BEIS) White Paper on audit and corporate governance reform (Restoring Trust in Audit and Corporate Governance), we focussed on whether the proposals regarding corporate governance are likely to make the UK a more or less attractive destination for investors.

Lloyd v Google: Stepping back from the brink

The Supreme Court has closed the door to ‘opt out’ style class action claims for breaches of data protection legislation, in a unanimous judgment that rejected an attempt to make Google liable for ‘loss of control’ over users’ personal data without having to prove any loss.

Claimants given costs boost in inheritance disputes – Hirachand v Hirachand

The Court of Appeal has recently handed down its judgment in the case of Hirachand v Hirachand, concerning an appeal against an order made in May 2020 in proceedings brought by Sheila Hirachand for provision from the estate of Navinchandra Hirachand, her late father, under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”).

BEIS White Paper on Audit Reform: Will Kwarteng's reforms really unchain entrepreneurs?

In 2012, as a recently elected MP, Kwasi Kwarteng co-authored “Britannia Unchained: Global Lessons for Growth and Properity”, a political pamphlet which championed risk-taking and innovation in the UK economy, and which ever since has led some to label him a fervent Brexiteer. Appointed as the Business Secretary in January 2021, only a few months later his department (BEIS) published one of the longest and most ambitious government White Papers in recent years.

World Menopause Day - time to break the taboo!

World Menopause Day was held on 18 October 2021. It is an opportunity to break the stigma and taboo that still exists around menopause and to encourage open dialogue about what is a natural and very significant transition in a woman’s life.

Civil Fraud Quarterly Round-Up: Q3 2021

A Civil Fraud quarterly round-up (3rd quarter 2021)

“Lights. Camera. Action!” – Re Motion Picture Capital and standing for minority shareholders to bring unfair prejudice petitions

In the recent case of Re Motion Picture Capital Limited [2021] EWHC 2504 (Ch), the Court greenlit an unfair prejudice petition presented by a minority shareholder who no longer held shares in the relevant company at the time his petition was heard. The petitioner’s position was "Show me the money!", requesting an order that the company purchase his shares at a price reflecting the company’s value, even though his shares had already been transferred into the names of the company’s nominees.

Actor Terry Jones’ children challenge his Will - but does suffering from dementia mean you can’t make a valid Will?

Several stories have recently been published about the ‘legal battle’ commenced in the High Court relating to the estate of actor Terry Jones, who was well known and loved for his role in Monty Python and who died in January 2020. His adult children from his first marriage have reportedly commenced proceedings against their father’s estate and his second wife Anna Söderström (who is thought to be the main beneficiary of the estate), claiming that the Will their father made in 2016 is invalid because he lacked capacity when he made it. As a matter of law, a Will made by someone who lacks the required mental capacity at the time they made the Will is not valid. 
 

 

Skip to content Home About Us Insights Services Contact Accessibility