Services

Shareholder
Disputes

Shareholder disputes can arise in a myriad of different ways. Whilst often aligned with perceived financial or performance issues, allegations of fraud, diversion of trade, excessive remuneration and trust issues often come into play.

Family businesses are not immune either, and shareholder disputes often arise as satellite litigation in other cases, such as unfair dismissal and matrimonial cases. Statistically , you have the same percentage risk of becoming embroiled in a dispute with your business partner as getting divorced. The similarities don’t end there either. Both are emotionally charged, complicated, drawn out, and tactically played, with catastrophic consequences for the parties concerned. When faced with this situation you need proactive collaborative advice to achieve the best outcome. We have created the team to achieve this for you in a timely and cost effective way.

Thursfields identifies that the best way to deal with a shareholder or partnership dispute is for lawyers in different teams to work collaboratively. These disputes have common themes, often needing the expertise of commercial, corporate and employment lawyers, as well as members of our dispute team. This is where we differentiate ourselves from almost all other firms acting in this area. In almost all cases, the other party is represented solely by a dispute lawyer. Even though that lawyer might be excellent at court procedure, it is unlikely that he or she will be familiar with the intricacies of Company or Employment law. We think that this is how we achieve a competitive advantage for our clients, as we can better plan the case on several different levels, utilising our expertise in these other legal disciplines.

As a testament to that process, most of these disputes are resolved, either without the intervention of the court, at a mediation or shortly after proceedings have commenced. This leads to less stress and expense for our clients. We will act for Companies, its directors, the majority shareholders or the aggrieved minority shareholders in these cases, as appropriate.

Our services include:
Unfair prejudice claims under s.994 of the Companies Act 2006
Just and equitable winding up claims under Insolvency legislation
Breach of director duties
Malfeasance claims
Derivative actions bought by a Company against its directors
Employment claims
Injunctions to prevent breaches of confidence and restrictive covenant breaches
Demerger (to split the business into distinct part)
Company buyback of its own shares
Share purchase agreements to reflect any share purchase negotiated

08/06/2020

Can I copy someone else’s terms and conditions…? Commercial Law

“No!” says director of Commercial Law at Thursfields Solicitors, Stuart Price. Rarely does a week go by without a potential client asking me to review their terms and conditions to make sure they are “legal”. I’ve even been asked to “underwrite them”. Naturally, being the diligent lawyer I am, I ask who prepared their terms….

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Key team member

Stuart Price
Director, Commercial & Technology, Media and Telecoms

View full profile

Team

Jade Linton

HR Business Partner / Associate Director, Employment

Contact

Give us a call and we’ll get you to the right office and person to help you with your requirements.

T. 0345 20 73 72 8 T. 0345 20 73 72 8

Our latest news and events

16/09/2020

How to protect your business if you face divorce

When people get married, they always hope to live ‘happily ever after,’ but many marriages sadly end in divorce. Although divorces are always difficult for everyone involved, they can become that much more difficult when one or both spouses own a business. Your business is probably very important to you and you no doubt will…

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15/09/2020

Settlement Agreements – What Employers need to know

Settlement Agreements are often used to bring an employment relationship to an end where a mutual parting of ways is preferred over a compulsory dismissal. It is a legally binding contract between an employee and employer which usually gives the employee money in return for their agreement not to sue the employer.  Settlement Agreements can…

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