In most cases where clients involved in disputes with fellow partners and shareholders consult us, the root cause of the problem is the absence of a written partnership deed or shareholders agreement. In such instances, it would appear that the only options available to the aggrieved party would be to seek the involvement of the court.

Clearly, this is never the quickest and most cost-effective way of settling a dispute and the outcome is seldom certain or convenient for either party. While in some cases, litigation is inevitable, the team has considerable experience in the following areas:

· Negotiating the terms of the retirement from a partnership and agreeing a mechanism for valuation of a partners share and payment for that share.
· Advising on the duties and obligations placed on partners by virtue of any written partnership agreement, the Partnership Act of 1890 and the common law, including the ownership of partnership property, the mutual obligation of good faith, and the joint and several liability of partners.
· Advising on the duties and obligations placed on directors and shareholders by the company's constitution, shareholder agreements, directors service agreements, legislation and the common law.
· Advising on the possibility of proceedings by the shareholder based on minority prejudice and the chances of success should proceedings be issued
· Alternative methods of dispute resolution

For more information please call Freephone 0800 731 2947 and ask for:

Tim Polding
Mark Fergusson