Shareholder Dispute

The court will not interfere in the matters of commercial judgment. Rather, the law looks at ‘unfair prejudice’. It difficult to claim something is unfair when all shareholders are treated equally. But if some or all members are treated differently, it can lead to a shareholder dispute. https://vimeo.com/794181745 You might be wondering about the different types […]

Shareholders can find themselves in dispute when one wishes to exit the business, the working relationship has broken down, or because another shareholder simply isn’t pulling their weight. Here’s a common chain of events when you’re involved in a shareholder dispute. You and your fellow shareholder might have started out as friends, so you might first

“A person with an enterprising attitude says, ‘Find out what you can before action is taken.’ Do your homework. Do the research. Be prepared. Be resourceful. Do all you can in preparation of what’s to come”. Jim Rohn Entrepreneurs are by necessity energetic people. They strive to make things happen fast. If they have a

I was recommended to James Edward of James Edward & Associates by another firm of lawyers to advise on a bitterly contested and complex shareholders’ dispute where I and a business partner were minority shareholders. There were several parties involved and a lengthy trial ensued which I am very pleased to say we won. James Edward & Associates fought

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

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

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

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

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

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