Corporate Disputes

We provide a range of advice in relation to corporate disputes which may involve a breach of directors' duties, disagreements between shareholders or disputes arising following the sale of a business.

Breach of Directors' Duties

Directors are expected to act in the best interests of the company; their duties are set out in the Companies Act 2006 and are governed by common law. However, it is important to know that, in the event that a company is insolvent, this duty is owed to the creditors rather than the shareholders. We are able to advise directors on what their duties entail and assist them when they face a claim for breach of duty, whether from an administrator or liquidator or from the shareholders. Equally, if you are a shareholder who is not happy with the conduct of the directors, then we are able to advise you whether any duties have been breached and how best to take action.

Shareholder Disputes

Please refer to the section of our website referring to partnership and shareholder disputes.

Business and Share Sale Disputes

Issues may arise following the sale of a business in relation to warranty claims and unpaid deferred consideration or clawback provisions where purchase monies are dependent upon the post sale performance of a business. We are able to assist you with these claims, whether you are the new owner of the business and find yourself in a position where the business that you have acquired is not as you were led to believe, or the old owner faced with a claim from your purchaser.

Consultancy Agreements

Consultancy Agreements often allow a mechanism for former directors or key personnel to be retained by a business and help ensure the transition to the purchasers following a sale. However, differences of opinion or certain wrongdoing may arise which may cause rifts in this supposedly smooth transition. Our expert team can guide you through and manage the issues, and seek to enforce your rights under the consultancy agreement.

Getting in touch

For more information on how we can help resolve your corporate dispute, please contact David Whiting at our Banbury office on 01295 204105, or email dwhiting@se-law.co.uk.

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