Unfair prejudice petitions and fair offers for shares

Unfair prejudice petitions are a form of statutory protection afforded to minority shareholders in the context of shareholder disputes. Accordingly, pursuant to section 994 of the Companies Act (CA) 2006, provided an aggrieved minority shareholder can show that the company's affairs are being or have been conducted in a manner that is unfairly prejudicial to […]

Tips for dealing with commercial disputes

Failure to resolve a commercial dispute can have serious consequences that extend beyond the immediate parties involved. If unresolved, these conflicts can lead to strained business relationships and can tarnish a company's reputation in the industry. Furthermore, prolonged disputes can result in significant financial losses due to legal fees and lost business opportunities. In the […]

Personal guarantees: will the court order that the original documents should be disclosed?

In litigation, the fundamental purpose of disclosure is to make available any evidence which either supports or undermines the respective parties' cases where, under Part 31 of the Civil Procedure Rules (CPR), parties are required to disclose to each other any documents that damage their case, as well as any helpful documents. Needless to say, […]

Meeting the increase in shareholder and partnership disputes with mediation

With the UK’s economy continuing to struggle, shareholder and partnership disputes are on the rise, with ailing businesses finding it increasingly difficult to remain aligned. The use of alternative dispute resolution (ADR) such as mediation is also becoming more prevalent as a means to resolve these types of disputes without recourse to the courts and […]

The essential ingredients of unfair prejudice petitions

When it comes to running a company, corporate decision-making is predominantly down to the company directors and majority shareholders. Still, even those with a minority shareholding are entitled to some limited say. More importantly, if the company's affairs are being conducted in a manner that is unfairly prejudicial, minority shareholders can petition to the court […]

Japanese knotweed and claims for diminution in value

The role played by diminution in value in claims of nuisance involving Japanese knotweed recently came before the Court of Appeal. In Davies v Bridgend County Borough Council [2023] EWCA Civ 80, the CA found that if the value of neighbouring property was diminished as a result of an interference with quiet enjoyment or amenity […]

The importance of limitation periods

Most limitation periods impose strict time limits within which a claim must be brought. As such, it is essential for any potential party to litigation to be fully appraised of how these time limits work in practice. The following guide provides an overview of the key limitation issues to consider when bringing or defending a […]

In determining an intention to create legal relations "context is all"

Is it possible for a professional to seek recovery of their fees if their client has not signed their contract?  This was the issue that the court considered I the recent case of Fenchurch Advisory Partners LLP v AA Limited [2023] EWHC 108 (Comm). Introduction It is trite law that when deciding whether a contract […]

Enforcing judgments against defendants with empty pockets

At the point at which a court hands down judgment, in many cases months or sometimes years after a commercial dispute has arisen and proceedings first issued, and the final outcome is in the Claimant’s favour, this is likely to represent a real moment of triumph. Still, any jubilation may be short-lived if the Defendant […]

Litigation privilege: Loreley Financing v Credit Suisse

When it comes to legal professional privilege, the parameters of exactly what is in scope can often be unclear including, until recently, whether or not the identity of persons authorised to liaise with solicitors, and to provide those solicitors with instructions, must be disclosed. In the case of Loreley Financing (Jersey) No 30 Ltd v […]
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The Dispute Adviser

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