Business Disputes

A business can take a number of forms such as a company, partnership or limited liability partnership. Whilst the running of a business should ideally be devoid of emotion, when people are passionate about what they do, this is rarely the case. As such from time to time issues will arise that result in problems occurring both within the business, and with other companies and individuals. Our lawyers have extensive knowledge and experience in acting in these kinds of disputes and can assist in situations as set out below:

Shareholders of a company

Company shareholders will naturally be concerned to ensure the effective running and management of their company. Shareholders have a number of methods to turn to form recourse in order to protect their rights including:

  • Presenting an unfair prejudice petition
  • Bringing a derivative claim
  • Presenting a petition for the winding up of a company on just and equitable grounds
Partner disputes

A partnership is an arrangement whereby two or more individuals manage and operate a business together and share its profits, without creating a company. In some instances a dispute may arise between partners and in those circumstances we may be able to assist. Where a partnership dispute arises, a partner may find recourse by;

  • Pursuing a claim against a partner(s) for breach of fiduciary duties (including non-conflict and non-profit duties)
  • Rescinding the partnership agreement
  • Applying to the Court to dissolve the partnership

As with shareholders, our lawyers are able to assist in drafting and advising on partnership agreements which can set out the responsibilities and rights of partners in anticipation of, or in the event of, a dispute arising.

Member disputes (LLP’s)

In a limited liability partnership, members (as shareholders or partners do) also have rights to seek recourse when a dispute arises. Such action might include:

  • Applying to the Court on the basis of their interests being unfairly prejudiced
  • Seeking to enter into a CVA with creditors, appointing an administrator or seeking the Court to wind up the LLP

We are often able to act on a no win, no fee basis where a dispute arises, but we are able to explore a range of funding solutions to suit every matter and client.

Please contact us today for a free no obligation discussion by calling either our LondonAylesburyMarlow or High Wycombe offices or by email:

Our Dispute Resolution Team