Legal Insights2023-06-15T17:33:56+01:00

Shareholder rights and remedies: How can I resolve a shareholder dispute?

Shareholder remedies: How can I resolve a shareholder dispute? When a shareholder’s rights have not been observed by a company and/or its directors, it is possible for them to ask the court to impose a fair remedy. There are three bases on which an application can be made to the court for shareholder remedies by a shareholder who seeks justice, namely an unfair prejudice petition, a derivative claim and a petition for winding-up on just and equitable grounds. Lincoln & Rowe

By |January 26th, 2024|Categories: Shareholder Remedies, Shareholder Rights, Winding up Proceedings|Tags: , , , , , , , , |Comments Off on Shareholder rights and remedies: How can I resolve a shareholder dispute?

Breach of contract explained and the 7 questions you need to ask

Breach of contract explained and the 7 questions you need to ask Contracts form the basis of legal agreements in all areas of life. They do not have to be in writing, although most are, particularly when dealing with business matters. Every valid contract must have four key elements: offer, acceptance, consideration (ie. something of value such as payment) and intention. What is breach of contract? Once two or more parties have entered into a valid contract, they are

By |January 16th, 2024|Categories: Breach of Contract, Contract Disputes, Featured|Tags: , , , , , |Comments Off on Breach of contract explained and the 7 questions you need to ask

Director Disqualification: what do I need to know?

Director Disqualification: what do I need to know? When a company director fails to carry out their legal responsibilities, they run the risk of being disqualified. This can be a lengthy procedure resulting in a period of disqualification during which it is not permitted to form, promote or manage a company. The main law governing disqualification is contained in the Company Directors Disqualification Act 1986. Grounds for disqualification as a company director Director disqualification usually arises from insolvency and misconduct, but

By |December 4th, 2023|Categories: Director Disqualification, Directors' Duties, Legal Blog|Tags: , |Comments Off on Director Disqualification: what do I need to know?

Received a winding-up petition? 9 things you need to consider

Received a winding up petition? 9 things you need to consider A winding up petition is a legal document that can be served by a company’s creditors when they are owed money by the company. If the debt amounts to £750 or more, then a creditor has the right to go to court and ask for a winding up petition to be issued, although courts view this remedy as something that should be reserved for when a company is

By |November 9th, 2023|Categories: Insolvency|Tags: , , , , , , |Comments Off on Received a winding-up petition? 9 things you need to consider

What Are My Rights in Shareholder Disputes?

What Are My Rights in Shareholder Disputes? It is often the case that disputes arise between shareholders and company directors. Those involved may have different opinions in respect of the direction of the company, be concerned about the level or risk or debt being taken on or believe that decisions are being made that are not in the company’s best interests. In many cases, the shareholders are also directors of the company.  The area of shareholder rights is a

By |October 13th, 2023|Categories: Legal Blog, News, Shareholder Rights|Tags: , , , |Comments Off on What Are My Rights in Shareholder Disputes?

What are the different types of misrepresentation?

What are the different types of misrepresentation? When entering into a business contract, a variety of statements are usually made setting out the details and background of the deal. If someone enters into a contract in reliance on a statement that later turns out to be untrue, this is misrepresentation. The false statement does not need to be in a formal written document, it can be information given in a conversation, meeting or sales pitch. If misrepresentation can be

By |September 18th, 2023|Categories: Legal Blog, Misrepresentation, News|Tags: , , |Comments Off on What are the different types of misrepresentation?

What Are Directors’ Duties When a Company Is Insolvent?

What Are Directors’ Duties When a Company Is Insolvent? If a company becomes insolvent, it is crucial that its directors comply with their legal duties. Failure to do so can result in personal liability for the company’s debts as well as legal action and disqualification from being a company director or being involved in a company in the future. We look at exactly what a director’s duties on company insolvency are and some of the risks to be aware

By |September 13th, 2023|Categories: Directors' Duties, Insolvency, Legal Blog, News|Tags: , |Comments Off on What Are Directors’ Duties When a Company Is Insolvent?

Minority shareholder disputes: What are your rights?

Minority shareholder disputes: What are your rights? While minority shareholders have limited powers under the terms of the Companies Act 2006, a dispute can cause substantial disruption to a company if it is not dealt with promptly. Disagreements can arise when shareholders object to a certain course of action, when they believe that directors are overstepping their authority or where they simply feel that their views are not being taken into account. Failure to address the situation will often

By |August 16th, 2023|Categories: Legal Blog, News|Tags: , |Comments Off on Minority shareholder disputes: What are your rights?
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