Shareholder and Partner Disputes

Making group decisions has never been an easy or straightforward task. Depending on the number of individuals being looked for a consensus, the importance of the matters being decided and the strength of the opinions held.

To adapt to the realities of modern-day business, may companies and partnerships have adopted themselves in a variety of models for flexibility, informality and ease of day-to-day management. Whether your arrangement is informal or reflected in written documentation the situations you face can also range from the straightforward to the more complex. Our goal is to assist in making sure you position is respected, helping manage your expectations of what is accomplishable and working with you to enact those strategies to fruition. This can be done through a series of mediums ranging negotiations, from round-table discussion, mediation, arbitration to court application. Our lawyers help you assess your competing priorities to help you decide which option is best suited for you.

Squabbles had by Shareholders

A company’s directors have a number of different obligations and duties to perform for the benefit of the shareholders of their company. This is in addition to the rights and obligations shareholders have between themselves and become particularly relevant when one takes issue with the conduct of the other (or more commonly when a minority shareholder disagrees with the actions a majority shareholder or shareholding group may be taking).

Shareholders obligations are contained both within the company’s articles of association and have a basis is statute as well. Navigating these different powers and rights a shareholder has is the first step in trying to determine or otherwise resolve alleged breaches of duties between such actors. Each individual situation is largely fact specific but it is our role in assisting and advising our commercial clients to reach a resolution whether amicably or through court application.

It is not always the case that a minority interest can do nothing in respect of the company they are a member of. Whether you are considering a derivative action (redress against directors), unfair prejudice petition or otherwise seeking to wind-up the company – the advice of our dispute resolution lawyers is beneficial in such circumstances to allow for you to weight the benefits and risks of action to make more informed decisions.

Problems Amongst Partners

Issues often arise when more informal arrangements exist between two or more individuals working as a business. Partnerships, while ordinarily made by way of formal written partnership deed, can exist when more than one individual carries on business in common with a view of profit. Partnerships, just like people, evolve over time and disagreement can occur when partnerships are seeking to expand, remove a partner (whether following poor conduct or otherwise) or change the business scope and nature of the business direction.

While never a straightforward situation, as business disputes often involve a mixture of issues and personal sentiment – such areas are navigated professionally and delicately by the solicitors in our dispute resolution department. We assist both existing and leaving partners in in professional contexts including accountants, actuaries, architects, medical and dental practitioners, legal advisors and surveyors.  We offer advice and assistance in partner removing or expulsion, breaches of financial and partnership duties, dissolving partnerships and actions for an account of profits.