Shareholder and Partnership Disputes

When a dispute arises between business partners, directors or the shareholders of a company, it can be a difficult and stressful time for all parties concerned.

If the issue is not handled quickly and sensitively, there is a danger that the dispute could escalate, which can prove highly disruptive to the day-to-day running of the business and irreparably damage working relationships.

At Hethertons, our Dispute Resolution team has extensive experience of dealing with such disputes.  We will work to resolve any dispute in a cost effective and efficient manner, initially advising on trying to resolve the dispute by negotiation or some agreed form of alternative dispute resolution, such as mediation.

Should alternative dispute resolution prove unsuitable, we can provide the necessary guidance and representation in court action, working to achieve the best possible outcome for our client.

We can advise on issues including:

• Interpreting and preparing partnership and shareholders agreement – to set out a clear agreement as to what will happen should a partner or shareholder wish to leave the business, retire or die;
• Where no such agreement exists advising on your statutory rights and obligations as a partner or shareholder;
• Taking action in relation to breaches of a director’s duties and/or the removal of a director;
• Taking action in relation to breaches of a partner’s duties and/or the removal of a partner;
• Taking action to dissolve a partnership or a company;
• Claims by a minority shareholder, where the business of the company is being conducted in a way that is prejudicial to that shareholder;
• The transfer and valuation of shares in a company;
• The transfer and valuation of a share in a partnership; and
• The issue of a petition to wind-up the company where it is just and equitable and otherwise appropriate to do so.

Where necessary, our solicitors will work with colleagues in our Business Support Unit on issues relating to drafting or revising of partnership agreements, shareholders’ agreements and/or settlement agreements.

For further information or assistance please contact Toby Conyers-Kelly on 01904 528217 or email tck@hethertons.co.uk