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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

09/06/2021

Corporate deals worth £125m-plus in Thursfields’ busiest year ever

Thursfields Solicitors has recorded its busiest ever 12 months of corporate activity, providing legal guidance on 29 deals worth a total of more than £125 million. Gareth Burge, director and head of Corporate at Thursfields, explained that he and his team had coped with the hectic period despite the COVID-19 pandemic. Gareth said: “The last…

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Stuart Price
Director, Commercial & Technology, Media and Telecoms

Stuart qualified as a solicitor in 1995, but spent many years before that working in law firms in the Black Country whilst studying for his qualifications in law. Stuart specialises in commercial contracts, IT and Intellectual Property. He represents businesses both large and small, national and international, in a number of different sectors namely online…

Team

Jade Linton

HR 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

27/07/2021

Employers can insist on mask-wearing if justified and proportionate

Although mask-wearing is no longer legally required, both employers and staff should use common sense and adopt a proportionate approach where needed, according to Thursfields Solicitors. The comments come as several workplace rows have broken out across England in the wake of the government’s lifting of restrictions on Monday 19th July. These have ranged from…

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22/07/2021

Court’s break clause option ruling: is the tide turning in favour of tenants?

Thursfields Solicitors has welcomed the Court of Appeal’s overturning of a High Court decision in relation to the vacant possession requirement in a break clause. In the case of Capitol Park Leeds plc v Global Radio Services Ltd, the High Court initially held that a tenant’s failure to reinstate the landlord’s fixtures and fittings meant…

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