We are delighted to announce the appointment of Shevy Narendra who will be joining our insolvency team from a top 500 ranked law firm. Senior Partner James Edward commented: “At the end of the day it’s our people that distinguishes a firm from the pack and makes it stand out above the rest and I […]
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As globalisation of our society continues to gather pace Management Receivers are having to grapple with different legal systems as they attempt to trace and then recover assets in foreign jurisdictions. Since the 1960’s Spain has been a known favourite for many UK criminals trying to escape the clutches of the long arm of the
Sunny Places for Shady UK Criminals – Management Receivership Assets in Spain Read More »
Remedies in Unfair Prejudice litigation In the last two instalments of our series on unfair prejudice petitions we considered valuation issues in outline and in particular concentrated on the Court’s approach to the valuation of the shares of the company involved. The valuation exercise is a usual course to take as the petitioner is normally
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Valuation issues in shareholder disputes Introduction In last week’s blog we looked at the concept of “Fair Value” in the context of an unfair prejudice petition. This week we look at the different approaches to valuation that may be taken by the Court in the context of a shareholders’ dispute. We will be addressing these valuation issues
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Fair Value in Shareholder Disputes Introduction In last week’sblog we looked at some of the tactical considerations which shareholders ought to bear in mind when considering unfair prejudice litigation. This week and next week in considering various aspects of shareholders’ disputes we get to what it has all been about – the money. Will a
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In certain circumstances the insolvency regime in England and Wales allows phoenix companies to form from the remains of an insolvent company. This includes using the same or similar name to the failed company. The regime however requires strict adherence to its provisions, failure of which may result in a fine, imprisonment and/or the directors
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Book now to avoid disappointment James Edward & Associates invites you to their Shareholder Dispute Seminar at 6 PM on Wednesday, 2 April 2014 at Lincoln Inn’s prestigious Old Court Room. Please book by emailing info@jamesedwardassociates.com or calling +44 7441912822. Tactical considerations Introduction. In last week’s blog we looked at “unfair prejudice”. This week we
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Introduction In last week’s blog we looked at who could complain to the court. This week we examine the meaning of “unfair prejudice”. S.994 petition Perhaps the greatest protection that your client has as a minority shareholder, is a right to petition the court for an order under section 994 Companies Act 2006 which provides
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Part 3 – Who can complain to the Court? The ability to petition the Court under s.994 Companies Act 2006 to complain about unfair prejudice in relation to the management of “the company’s affairs” is generally confined to a person who is a “member” of the company. In substance this means a person who is
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Following last week’s introductory blog on shareholder disputes, we move on to consider Shareholder Agreements and how to try and avoid such conflicts. Part 2: “Prevention is better than cure” Shareholder Agreements and avoiding conflict. If your clients are wise enough to consult you before they go into business together recommending a written shareholders’ agreement
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