This includes interpretation issues and disputes relating to a company’s articles of association, shareholder agreements and director’s service agreements. It also includes incentive arrangements and long-term benefit plans for directors and senior executives.
We can help with issues that involve directors and officers’ insurance policies and the conduct of insured litigation.
We’re an experienced team and our company disputes work includes the machinery in section 996 of the Companies Act, in which the court is asked to regulate the affairs of a company or order the company to stop doing certain things.
Clients also come to us looking for help with claims where permission is sought from the court for civil proceedings to be brought on behalf of the company. This is often the case when controlling directors or shareholders prevent a company from putting forward a claim and a third party wants to do so.
We often advise clients in company litigation claims that are very complex and our team have a great deal of technical expertise which means they are comfortable dealing with these kinds of issues. Examples of this type of work include unlawful dividends and distributions, as well as court-based applications for reductions of capital.
We work on claims against directors for breach of directors’ duties, (fiduciary and statutory) which can be the result of activities where they place their own interests above those of the company.
We can also help you manage contentious situations that relate to private equity funded investments, including investment agreements, swamping rights, shareholder agreements and loan notes and our team of experts can provide advice on how to withhold and off set amounts falling due to people leaving the business.
We also regularly act for corporates and high net worth individuals in claims for mis selling of investment opportunities in the law of tort, misrepresentation and under financial services legislation.
We believe that prevention is better than cure, so we work closely with our Corporate Team at the negotiation stage to try and minimise the risk of disputes occurring.
Of course, disputes do happen, and if you find yourself facing one, we’ll work with you and other professional advisors to make sure you get the commercially focussed and strategic advice you need.
Our advice is as unique as our clients, and we always make sure we don’t lose sight of the outcome you’re hoping for.