10th January 2019
A company can be thrown into turmoil if disputes concerning its directors and shareholders arise, potentially damaging the business and its reputation. This could have a devastating effect on the long term survival of the company. In our experience disputes can arise due to:
- Disagreements about the management of the company.
- The direction the company is going.
- Rights of the members are not being respected.
- A misunderstanding as to the rights, duties and obligations of the Directors.
- No shareholders agreement being in place.
- No directors service contract being in place.
Our team is able to provide specialist advice to assist and bring about a speedy resolution of such disputes. We regularly advise in the following areas:
- Claims against directors for breach of fiduciary duty.
- Breach of shareholders agreements or directors service contracts.
- Unfair prejudice claims and minority shareholder protection.
- Disputes over director’s remuneration.
- Breach of the company constitution (memorandum and articles).
- Conflicts of interest.
- Fraudulent and wrongful trading.
We can assist you at any stage of the dispute by taking detailed instructions which will in turn enable us to provide you with comprehensive advice on the most strategic and cost effective way forward. We can advise and assist you on various alternative dispute resolution methods, such as mediation or if it proves to be unavoidable represent you in Court proceedings. Your goals are our goals, to resolve a dispute in the most strategic, proportionate and cost effective way.