Shareholder Disputes
Our team of Shareholder Disputes Lawyers have a wealth of experience in dealing with these types of disputes. We will handle your dispute quickly, sensitively and commercially, forging a strong relationship with our clients to ensure the strategy maximises the prospect of achieving their goals.
Shareholder Dispute Lawyers
Shareholder Disputes are a common occurrence, often arising because of the ease in which a company can be incorporated, frequently on a shoestring, without due consideration given to ensuring appropriate protections e.g. in the Articles of Association or Shareholders’ Agreement, are in place from the outset.
Disputes can then rapidly escalate when legal advice is not sought at an early stage. Such disputes can be expensive and harmful as well as an unwelcome distraction from the company’s day to day business.
What is a Shareholder Dispute?
The term Shareholder Dispute covers a range of different disputes but typically arise from a concern by a minority shareholder about the way the company is being operated. Due to the often highly personal nature of the commercial relationship, particularly where there is a quasi-partnership, these disputes are often akin to a “commercial divorce”.
Our team of Shareholder Disputes Lawyers have the experience and skill to guide you every step of the way to maximise the chances of a swift and commercial resolution to ensure the impact on the company, and in turn your investment, is minimised.
Our Shareholder Disputes Lawyers can assist with:
- Unfair prejudice petitions, having acted for both majority and minority shareholders in a wide range of disputes across a range of different businesses
- Claims intended to enforce the Company’s contract with its members arising from the Articles of Association
- Claims arising from breaches of any shareholders agreement designed to regulate the conduct of the shareholders
- Derivative actions where the shareholder can bring a claim on the company’s behalf, usually because of the directors’ refusal to bring the action directly
- Advising directors as to their statutory duties and in relation to any misfeasance claims
- Just and equitable winding up
- Advising directors about how to try to prevent and if necessary, deal with shareholder activism
Examples of some of our recent experience
Includes acting
- for the majority shareholder and founder in the defence of an unfair prejudice petition in relation to a property development company worth around £50m which included allegations of misappropriation of company funds and numerous breaches of directors duties, ultimately securing a minority discount on the buy-out order
- for the beneficial holder of shares and joint founder in a 50:50 bakery company where the other shareholder claimed to be the sole shareholder
- for a tech company in relation to an activist shareholder and former director intent on disrupting a funding round
- for preference shareholders in a representative action in relation to the rights attached to their preference shares
- for a respondent to a derivative claim in relation to a private limited company by guarantee
- for an activist shareholder to achieve changes to the board of directors
Our Clients
We represent companies and individuals, from major investors to founder shareholders and family businesses, across a wide range of sectors including:
- Technology
- Construction
- Real Estate
- Finance
- Entrepreneurs
- Retail
- Health Tech
- Professional Services
- Life Sciences
Why choose BDB Pitmans for advice about your shareholder dispute?
Our team of Shareholder Disputes Lawyers have a wealth of experience in dealing with these types of disputes. We will handle your dispute quickly, sensitively and commercially, forging a strong relationship with our clients to ensure the strategy maximises the prospect of achieving their goals. We are a full service law firm and can draw on expertise from across the firm, including our corporate colleagues with whom we are used to working seamlessly.
Legal 500 testimonials
‘Sinead Lester is a very experienced commercial litigator with a talent for managing client expectations and running a tight ship.‘
“Keenly aware of the client’s objectives, which sit front and centre of any strategic decision. A clear focus on delivering straightforward solutions and a discernible sensitivity to the client’s position, financial and otherwise.‘
“Diligence, thoroughness and an excellent team ethic. Very easy to work with and 100% reliable.‘
