Our Services
Shareholder and Partnership Disputes
Our shareholder and partnership dispute solicitors can cut through the problems to deliver clear, decisive solutions.
Experts in Shareholder Disputes
At Thomas Harvey Solicitors, we are well-equipped to handle the most complex of shareholder and partnership disputes. We fight for your corner with an approach that is both professional and compassionate.
The aim of our dispute resolution solicitors is to resolve shareholder and partnership disputes in a manner that is fair and beneficial for our clients.
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With over 40 years combined experience. We can help you with your dispute.
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Our Specialisms in Shareholder and Partnership Disputes
Shareholder disputes occur when there is a disagreement between the shareholders of a company. These disputes can have a significant impact on the operation of a company and can be stressful for the individuals involved.
Shareholder disputes can arise due to a variety of reasons. Some of the most common causes of shareholder disputes include:
Differences in Vision
Disagreements over the future direction or strategy of the business can often lead to disputes between shareholders.
Get In TouchDividend Disputes
Disputes can arise when shareholders disagree over the distribution of dividends, especially when all profits have been exhausted by the drawing of excess remuneration.
Get In touchMismanagement Allegations
Serious and repeated mismanagement leading to significant financial loss to the company can trigger disputes.
Get In TouchBreach of Director’s Duties
If a director is heavily influenced by their appointing shareholder and fails to exercise independent judgement at board meetings, it can lead to disputes.
Learn MoreShare Dilution
If shares are allotted to dilute a minority member’s interests, it can cause disputes.
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Types of Shareholder and Partnership Disputes
Shareholder disputes can take various forms, including:
Shareholders may present a petition to court for relief where the affairs of the company are being conducted in a manner that is ‘unfairly prejudicial’ to the shareholder’s interests.
Shareholders may petition for the company’s winding up on a ‘just and equitable’ basis.
Shareholders can bring a claim on the company’s behalf, known as a ‘derivative action’ in respect of an actual or proposed act or omission involving negligence, default, breach of duty or breach of trust by a director of the company.
Why Use Thomas Harvey?
At Thomas Harvey Solicitors, we use a variety of dispute resolution methods, including litigation, expert determination, mediation, and negotiation, to provide a tailored strategy and the best outcome for our clients.
We understand that shareholder and partnership disputes can be complex and stressful. Our approach is to provide clear and commercial advice to guide you through the process with the aim of achieving a swift and efficient resolution.
We work with trusted and reliable experts to ensure that we have a thorough understanding of your company’s financial situation. This enables our shareholder dispute solicitors to provide accurate and effective advice tailored to your specific circumstances.
Our team is experienced and highly regarded in the field of shareholder disputes. We’re tough and uncompromising when it comes to fighting for our clients’ interests. But we’re also compassionate and understanding, recognising the emotional toll that such disputes can take on individuals.
Our Approach To Shareholder and Partnership Disputes
STEP 1
Case Evaluation
We start with a comprehensive evaluation of your case to understand the specifics and determine the merits of your claim. This involves gathering all relevant information and evidence to establish a clear picture of the situation.
STEP 2
Diligent Preparation
Once we have evaluated your case, we meticulously prepare by assembling a strong foundation for your claim. This includes gathering detailed documentation, consulting with experts if necessary, and formulating a strategic plan tailored to your unique circumstances.
STEP 3
Robust Representation
With thorough preparation in place, we provide robust representation to advocate for your interests. Our director dispute solicitors are committed to fighting relentlessly on your behalf, whether through negotiation, mediation, or litigation, to achieve the best possible outcome for your case.
Frequently Asked Questions
A shareholder dispute occurs when there is a conflict between shareholders in a company. These disputes can arise over various issues, such as disagreements about company management, dividend distribution, or breaches of shareholder agreements.
Common causes include:
- Disagreements over the company’s direction or management
- Conflicts over dividend payments or profit distribution
- Breaches of shareholder agreements or company articles
- Disputes over the sale or transfer of shares
- Allegations of misconduct or fraud by directors or other shareholders
Disputes can be resolved through several methods, including:
- Negotiation: Direct discussion between parties to reach a settlement
- Mediation: Involves a neutral third party to facilitate a resolution
- Arbitration: A formal process where an arbitrator makes a binding decision
- Litigation: Taking the dispute to court, which can be costly and time-consuming
- Review the company’s articles of association and any shareholder agreements to understand your rights and obligations
- Document all relevant communications and decisions related to the dispute
- Seek professional legal advice to understand your position and options
- Consider alternative dispute resolution methods before pursuing litigation
A shareholder agreement is a contract between shareholders that outlines their rights, responsibilities, and the mechanisms for resolving disputes. It is important because it helps prevent disputes by clearly defining the terms of shareholder relationships and can provide a framework for resolving issues that arise.
Yes, a shareholder can bring a derivative claim if they believe that the directors have acted in a way that is prejudicial to the company. This claim is brought on behalf of the company, not the individual shareholder, and must show that the directors have acted improperly.
The Companies Court, part of the High Court of Justice, handles complex company law matters, including shareholder disputes. It can issue orders, grant relief, or make decisions on matters such as unfair prejudice or breaches of company law.
Unfair prejudice occurs when a shareholder’s interests are harmed in a way that is unfair or unreasonable, often due to the actions of other shareholders or directors. Under the Companies Act 2006, shareholders can petition the court for relief if they believe they are being unfairly prejudiced.
The duration of a shareholder dispute depends on various factors, including the complexity of the issues, the method of resolution, and the willingness of parties to negotiate. Disputes resolved through negotiation or mediation may be settled relatively quickly, while litigation can take months or even years.
Costs can vary significantly depending on the resolution method. Mediation and arbitration are generally less expensive than litigation, which involves court fees, legal representation, and other associated costs. It’s important to consider the potential costs and benefits of each method before proceeding. Find out more about our costs here.
Yes, you can reduce the likelihood of future disputes by:
- Creating a comprehensive shareholder agreement that clearly outlines rights and responsibilities
- Regularly reviewing and updating company documents and agreements
- Fostering open communication among shareholders and management
- Seeking legal advice when making significant decisions affecting the company
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Our approach to handling shareholder disputes involves a thorough evaluation of the case, diligent preparation, and robust representation.
Our Accreditations
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Our Accreditations
“Great service, expert in his field.”
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Mr C | Wetherby “Great service with a no-nonsense honest approach to your needs. High level highly experienced solicitors so you know you’re in immensely capable hands. Happy to recommend and to continue engaging.”
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Ms B | Leeds “…I am very confident in you and happy that I chose [Steven]. I know you can be a great help to me…”
“…I have been truly impressed by your kindness and empathy within the legal department. [Steven has] a remarkable ability to understand and support others through their difficulties…”
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With 40 years of combined experience, we’re committed to delivering exceptional results for you.
Contact us today to talk to one of our expert team – we’re here to help!
