Disputes are bad for business and never more so than when a business is in dispute with itself. Bell Lax have considerable experience of successfully resolving shareholder disputes involving numerous local and regional companies.
Shareholder disputes and director disputes can arise in a number of ways, typically where:
- A director or shareholder is excluded from the management of the business.
- A director pays himself a greater salary or benefits than others.
- The company changes its dividend policy.
- A director does not pull his or her weight but still draws salary and dividends from the business.
- A director sets up in competition with the company or diverts its business.
- A partnership incorporates as a company or LLP and treats a former partner unfairly.
We have acted for Directors in GP practices, Accountancy and Solicitor firms, shareholders, members, directors, and companies. With our help, most of our clients are able to resolve their disputes without having to go to court. We recognise that business must go on and that the parties’ interests are best served by reaching an amicable conclusion rather than litigating. We work with you to provide an early assessment of your dispute and set out your options for resolving it. Resolving litigation via the court is costly and stressful, we aim to give solid and accurate legal advice which serve your best interests.
The majority of shareholder disputes are resolved by one shareholder selling its shares to the remaining members. We work with specialist accountants to ensure the business is properly valued and that our client’s interest is properly recognised. We also have a proven track record with experienced mediators enabling the parties to discuss and agree a valuation and terms of settlement.
Occasionally, differences are so entrenched and opinions so polarised that it is impossible to reach an agreement without going to court. If you find yourself in that situation, we will fight for you in court claims including:
- Unfair prejudice petitions where the court may order other shareholders to buy your shares or sell their shares to you.
- Derivative claims seeking the court’s permission to bring claims on behalf of the company, including against directors who have diverted the company’s business or set up in competition with the business but use their board control to prevent the company bringing its own claim.
- Winding up petitions, where the court orders the liquidation of the company and the sale of its assets.
If you need help with a company dispute, contact us on 0121 355 0011. Director Richard.kerry and our team has substantial experience in resolving shareholder and director disputes.
