Company & Shareholder Contract Disputes

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Company & Shareholder Contract Disputes

Being in business can regrettably involve becoming embroiled in a business dispute, be it a commercial dispute with another business, a dispute between shareholders or directors in the same business or following insolvency.

We assist companies, partnerships, and sole traders with cost effective and proactive advice with the aim of resolving disputes as quickly and cheaply as possible.

What We Do at BBS Law

We have significant experience of assisting clients with all aspects of the various type of commercial disputes that arise in the course of business. A significant part of our work involves assisting businesses with a wide variety of contract disputes, dealing with issues ranging from debt recovery to disputes regarding contractual terms and enforcement.

We have particular expertise is dealing with company and partnership disputes, including disputes between shareholder, minority shareholder disputes, company valuation disputes and claims involving directors. We assist directors in claims brought arising out of the insolvency of a company, including disqualification proceedings.

We also actively encourage early and commercial settlement of disputes by way of a number of dispute resolution methods including a particular expertise in mediation.

When Would You Need A Solicitor for Company Disputes?

There are a range of instances where in business dispute solicitors assist in the resolution of issues. Dealing with them comes in different ways, for instance if the dispute is with a third party, effort should be made to engage with the other party to try to resolve matters, failing which commercial dispute solicitors can be instructed to write a letter of claim or similar communication.

There is also common instances such as directors disagreements, in this case, how such matters are resolved should be set out in the Company’s Articles of Association and/or a Shareholders Agreement. In the event of a “deadlock”, ultimately such disputes can only be resolved through court proceedings.

While it can get to stages of litigation, it is in the interest of all involved to settle a dispute without the need for court proceedings. Typically, disputes can be settled at without prejudice meetings or at more formal mediations; if you’re unsure on where you stand with company disputes, get in touch with us for some assistance and read our FAQs below for further information.

Our Litigation Partners

Frequently Asked Questions

What Two Things Do Directors Have a Duty to Comply?

A director’s principal duties are to act within their powers and to act in the best interests of the company.

What Is an Example of a Breach of Directors Duties?

An example of a breach of directors’ duties could be a situation where in a director fails to act in the best interests of the company. For instance, if a director uses confidential company information for personal gain, neglects their duty to exercise reasonable care, skill or even engages in a conflict of interest without proper disclosure and approval. This sort of behaviour could lead to legal consequences.

Can a Shareholder Walk Away from a Company?

Yes. A shareholder who is not a director generally has no obligation to be involved in the day to day running of a company (unless this is provided for in a Shareholders Agreement). However you cannot simply remove a shareholder without consent unless the situation is provided for in a Shareholders Agreement.

What Are the Common Types of Contract Disputes?

The most common types of contractual disputes centre on performance, payment terms, and the rights to terminate the contract.

On the same subject, there is the classification of void contracts. Various factors can render a contract void, including lack of consideration, mistake or illegality.

Our Litigation Partners

We take the time to get to know our clients and their businesses, and we work collaboratively with them to achieve their goals.

Meet Our Teams

David Bondt Partner

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Andrew HaffnerPartner

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Ian PearlPartner

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For proactive, bespoke, commercial solutions, contact us to discuss your needs.

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I had the pleasure of working with David on some issues we had; from start to finish the experience was very good, and we got the outcome we needed as a company plus very good advice for the future. Overall a 5-star experience.

Effy

Having recently worked with BBS Law to successfully conclude an Intellectual Property infringement case we were extremely happy with the services they provided.

David Bondt expertly guided us through the process and mediation, providing knowledgeable, professional and commercial support at all stages – thanks again David!

Baum Trading Limited

During a very difficult period in our business, we had to seek the help of a professional Law firm. We selected BBS Law Ltd following initial calls with Andrew Haffner and the Litigation Team. The support and unbiased guidance given by Andrew and the team guided us through many nightmare events. The extensive knowledge and professional support given to the complexities of the problem were well understood by BBS Law Ltd.

Hazel James, Managing Director at Brendon International Limited

I instructed David Bondt of BBS Law to deal with a complex intellectual property dispute. The other side were trying to be overly aggressive, but David and his team were able to deal with the situation professionally and robustly on my behalf. Needless to say, BBS Law obtained a very favourable outcome for us and gave very clear and concise advice to me throughout the case. I wouldn’t hesitate to recommend the litigation team at BBS Law.

SR, Client

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