Corporate and Commercial Disputes

High value director dispute

Acting for a luxury IT system and creative design company in a dispute involving the forced removal of a director and 50% shareholder for breach of fiduciary duties and shareholders’ agreement. The shareholder is aiming to recover its shares through a share buyback. The dispute, ongoing for over two years, has severely impacted our client’s business growth and development, complicated by the absence of a shareholders’ agreement and threats of unfair prejudice claims and attempts to wind-up the company.

Dispute Resolution and Commercial Litigation Lawyers

Defending complex enforcement action

Acting for a property construction and development company facing enforcement action over two loans totalling approximately £3.9m, secured by property and subject to multiple assignments. In response to the lender’s actions, we challenged the loans on various grounds, including regulatory compliance under the Financial Services and Markets Act 2000, asserting that they constitute unfair relationships under the Consumer Credit Act 1974, and disputing the validity of receiver appointments and default interest provisions, arguing that they are unenforceable as a penalty.

Construction and Engineering

Multi-angled shareholder dispute

Acting for a large care home group embroiled in a dispute with a departing employee/director who is also a shareholder and involved in competing businesses. The case involves complex issues of constructive dismissal, unfair prejudice, and refusal to relinquish shares, compounded by allegations of fraudulent misrepresentation and discussions around rescission of shareholder agreements. We are actively engaging in negotiations to force share buybacks and defend against expected High Court claims, which have disrupted the group’s growth plans, resulting in loss of management time and potential revenue.

Dispute Resolution and Commercial Litigation Lawyers

High value enforcement action

Representing an offshore lender involved in a joint loan of approximately £12m to two companies for land development in the North West of England, secured by legal charges and personal guarantees. After the companies defaulted, we assisted in various enforcement actions, including appointing receivers, and addressing issues with UN1 registrations from potential buyers. We are currently pursuing the directors under their personal guarantees to mitigate a substantial shortfall of over £6m for the lender.

Banking and Finance

International Shareholder Dispute

Acting for a 50% shareholder in a complex dispute, alleging unfair prejudice stemming from management practices and competition concerns involving directors and a newly incorporated company. We are spearheading High Court proceedings to support the petitioner’s pursuit of the petition – success in this dispute is crucial for preserving the client’s core business focus, protecting brand reputation, and ensuring continued growth within the sector.

Dispute Resolution and Commercial Litigation Lawyers

Complex unfair prejudice petition

Acting for a business support company, in an unfair prejudice petition filed by a shareholder against a firm which traces PPI (the Defendant). The Defendant faces allegations of unlawfully diverting business and intellectual property rights claims. The case, which proceeded to trial in the High Court in Spring 2023, involves multiple Respondents, and stems from a shareholder dispute within the regulated legal business (the value of the claim is around £30m). The claims have been further complicated through legal actions against owners and directors, highlighting broader regulatory implications within the legal industry.

Dispute Resolution and Commercial Litigation Lawyers

High value shareholder dispute

Acting for a construction company in a shareholder dispute and facing an unfair prejudice petition under the Companies Act 2006 (our clients are two of seven Respondents). The case is complex and involves valuation disagreements, contractual disputes, director issues, and aviation regulations, complicated further by the involvement of multiple litigants in person. The claim value is significant, involving share capital worth up to £40m.

Dispute Resolution and Commercial Litigation Lawyers

Complex charity trust advice

Assisting a development company by advising trustees on matters concerning a charity’s current status, particularly focusing on complications arising from the charity’s premises and a potential joint venture. The matter involved challenges relating to issues around the renewal of a lease, resulting in the trustees taking out a substantial loan.

Dispute Resolution and Commercial Litigation Lawyers

High value risk mitigation

Assisting a national PLC with an ongoing project to address a myriad of financial and regulatory issues. We have worked with this client to identify and rectify these issues so as to achieve the client’s objectives in a cost-effective manner whilst successfully managing what could have been significant potential reputational risk for our client.

Dispute Resolution and Commercial Litigation Lawyers

Overseas Asset Protection

We defended our client against the misuse of their trademark and breaches of their franchise agreement overseas for who franchised a range of international casual and fine dining restaurant brands.