The deadlock dilemma: going into business as a 50/50 shareholder
When two individuals, often friends or family, decide to start a business together, they often opt for a 50/50 split of ownership. This seems fair and logical, as both owners are entitled to equal profits and share the responsibilities of running the business. However, this equal partnership can lead to a deadlock dilemma when differences […]
Maintain Your Business Relationships While Pursuing Legal Claims
In the business world, relationships are everything. Maintaining good relationships with your clients, suppliers, and partners is critical for the success of your business. However, sometimes, disputes arise, and legal action becomes necessary to protect your interests. But can you bring a legal claim against a third party and still maintain good commercial relationships? In […]
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 […]
Unjust enrichment as an alternative to proprietary estoppel
In a decision recently handed down by the High Court in the case of Mate v Mate [2023] EWHC 238 (Ch) — bringing family farming disputes back into the spotlight following the judgment of the Supreme Court in Guest v Guest [2022] UKSC 27 — the doctrine of proprietary estoppel was again considered in detail, […]
Partnership disputes: rights and obligations in unincorporated partnerships
What is a business partnership? According to Section 1 of the Partnership Act (PA) of 1890, a partnership is a relationship that exists between individuals who carry on a business in common with the intention of making a profit. The partners cannot decide for whether a partnership exists or not (though many partnerships will be […]
Dealing With Commercial Disputes
On 28 November 2019, I was delighted to be invited to speak at the AMPS Power Connections Conference in Manchester. My presentation was a whistle stop tour of the litigation process in England and Wales. I explained that dealing with court proceedings can be unpredictable and expensive and that it is therefore important to get […]