We act for shareholders, directors, partners and LLP members in disputes that arise from company and partnership relationships.
Our experience spans a variety of industry sectors. Our lawyers’ partnership/LLP disputes experience includes work across the professional services sector, including advising lawyers and accountants exiting, or being exited from, their firms. We are also experienced in handling such matters in the financial sector, particularly in relation to asset managers, hedge funds and private equity. We are adept at handling partner/member exits and, in most cases, negotiating terms without need for the parties to resort to court or arbitral proceedings. Our expertise includes:
- Disputes where there is formal documentation to regulate the relationship, such as a shareholder’s agreement, partnership agreement or LLP agreement, as well as those arising out of more informal relationships, including those reached orally.
- Claims arising out of merger and acquisition activity, such as warranty claims, claims for misrepresentation (including fraud) and disputes arising out of trigger events in contractual relationships.
- Contested disputes arising in the Court and arbitral forums, including petitions arising out of section 994 Companies Act 2006, derivative actions pursuant to section 260 Companies Act 2006, petitions for the just and equitable winding up of Companies under the Insolvency Act 1986, claims brought pursuant to CPR Part 8 and the Partnership Act 1890 and claims arising from the contractual relationship negotiated between the parties.
- Claims arising out of alleged breach of covenant or misuse of confidential information.
- Interim relief, including search and seizure orders and injunction applications to enforce contractual covenants and freezing orders where there is a risk of dissipation of assets.
Our experience spans a variety of industry sectors. Our lawyers’ partnership/LLP disputes experience includes work across the professional services sector, including advising lawyers and accountants exiting, or being exited from, their firms. We are also experienced in handling such matters in the financial sector, particularly in relation to hedge funds and private equity. We are adept at handling partner/member exits and, in most cases, negotiating terms without need for the parties to resort to court or arbitral proceedings.
Shareholder and partnership disputes can be emotive and there are often additional commercial considerations where the parties remain in a trading relationship and a dispute could be destructive in respect of the continuing business activities of the parties. In such circumstances, we can design bespoke negociated dispute resolution (NDR) mechanisms to enable the parties to reach a rapid resolution of the dispute in a cost-effective manner without compromising their principles.
Company and Partnership disputes often arise in circumstances where a business is, or could become, insolvent. The insolvency may have been brought about (or alleged to have been brought about) by the conduct of a director or partner. Alternatively, the business may be solvent but a dispute over the value of the business exists between parties who wish to purchase the interests of others. In such circumstances, we can work with one of our network of insolvency practitioners. They may be able to take an appointment over the company, either to investigate the alleged wrongdoing or to arrange for a tax efficient and true value exit from the business for all parties.
Meet our specialist team: Company, Partnership and LLP
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