Shareholder claims - what does unfair prejudice mean?

In previous articles I have looked at remedies available to shareholders who believe they have been prejudiced. Key to these solutions is the petition for unfair prejudice pursuant to S.944 of the Companies Act 2006. This article explores what is actually meant by unfair prejudice. What is unfair…


Obtaining an injunction for harassment

We are approached by people who are concerned they are being harassed by neighbours, former friends, ex-partners or acquaintances. As harassment is a criminal and civil offence, quite often clients have discussed the matter with the police first. It is common for the police to advise a client to…


Company restoration: Your frequently asked questions

We have looked in previous blogs at the different methods of company restoration after dissolution. Here, we answer some of your frequently asked questions about company restoration. What happens when a company is dissolved? A company is a separate legal personality from the members (shareholders)…


Resolving director and shareholder disputes

As we saw in the previous article, director and shareholder disputes can arise for a number of reasons. We have looked at the best ways of avoiding disputes in the first place, and how negotiation is the best first step. But what can the parties do if a dispute does rear its head? We look at some…


Avoiding a director or shareholder dispute

Avoiding a director or shareholder disputeConflicts between directors or shareholders can arise for many reasons. When they do, it’s important to understand the legal rights of all parties and the options available as well as the consequences of allowing things to get worse. We look at how to avoid…


Will the court allow a change of expert before trial?

Expert evidence is used in many disputes (from personal injury to commercial disputes, property to professional negligence). Experts are there to give their opinion to the parties, and to assist the court when the case involves matters on which it does not have the right technical or specialist…


Directors' and trustees’ limitation defence fails

The Supreme Court ruled on 28 February that on an inter-company transaction, directors and trustees can’t rely on a standard six-year limitation defence. The court had previously struck out the claim by company liquidators against its directors for alleged breach of statutory and fiduciary duties…


Litigants in Person – No Special Treatment

The withdrawal of legal aid for most areas of civil law, combined with tightening of the rules concerning no win no fee agreements has caused a perfect storm curtailing access to justice. Litigation is an expensive process and many people simply cannot afford to instruct solicitors without some…


Paying for litigation cases

Litigation can often be an expensive and lengthy process. People are often not aware that paying for litigation costs out of your own pocket is not your only option. A fundamental principle to be aware of in litigation is that ‘the loser pays the winners costs’. This means that should you be…


Partnership disputes

Simple partnerships are very common structures for conducting businesses, despite companies and Limited Liability Partnerships (LLPs) growing in popularity.  This is no doubt because of the ease and informality in which one can create a partnership.  However, this informality can often cause…