Director & Shareholder Disputes
Disputes between directors and shareholders commonly arise where one party alleges another is performing poorly, has breached their duties as a director, or where a minority shareholder claims the Company is being run in a manner that is unfairly prejudicial to all or some of its shareholders.
Director and shareholder disputes are often very complex and technical affairs, not least because those involved may be directors, shareholders, and/or employees, with each status bringing different legal obligations and rights. More often than not, where the relationship between the parties has broken down, all three positions have to be terminated. It remains undesirable for a former director to remain in the Company as a shareholder, particularly where their contribution is much more limited following withdrawal of their day-to-day involvement with the Company.
These sorts of disputes are very often won by virtue of careful planning and the implementation of the right tactics at the right time. Therefore, obtaining expert legal advice at the very outset is of the utmost importance.
How can we help resolve your disputes?
Here at Attwells, we have many years’ experience of acting for shareholders and directors in boardroom disputes. We regularly achieve cost-effective resolutions for our clients, minimising disruption to the business at the same time.
An example of our previous work in this area includes:
- Negotiating a share sale for our client for £350,000 – our client, a former director of a leading internet service provider, fell out with the Board of the Company, and his engagement as a consultant was terminated with immediate effect. Initially, our client was offered £100,000 in return for the sale of his shares. Following our instruction, we successfully negotiated the sale of the same shares for £350,000, concluding the sale soon thereafter.
How much do we charge?
We offer genuine value for money to our clients, allowing the option of either agreeing fixed fees for each stage of your matter in advance, providing you with complete transparency and control over costs, or the option of hourly rates, depending on the seniority of the fee earner undertaking the work on your behalf. We provide ‘costs ceiling’ arrangements and monthly billing for all our hourly rate work, allowing you to keep a regular handle on costs. We will advise you of the fee rates applicable to your matter at the very outset.
I advise employers, employees, independent contractors, businesses and individuals in contentious and non-contentious matters, regularly appearing in the Employment Tribunal.
A typical week for me would involve advising upon settlement agreements, negotiating exit packages, drafting claims and defences to the Employment Tribunal or County Court (such as those relating to unfair dismissal, discrimination, breach of contract etc.), contracts of employment, staff handbooks and other HR documentation, advising on grievance and disciplinary proceedings, TUPE transfers and poor performance/sickness absence and attending Tribunal.
Alongside my general offering, I specialise in advising those operating in a small handful of key sectors, including care, estate agency and IR35.
I have provided seminars on legal issues affecting the care sector to members of both Suffolk Care Association and Essex Care Association (whom Attwells are proud to Partner with), in addition to talks at a national level. I have also delivered talks across East Anglia and London to Estate Agents on key legal requirements for their business, in conjunction with NAEA Propertymark.
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