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Company Disputes

Conducting business thorough private companies is a complex and challenging enterprise and one which is increasingly subject to scrutiny by regulators and Parliamentary Committees.

The effective and efficient investigation, identification and resolution of disputes which could be detrimental to wellbeing of the company, the people it employs and with whom it trades is a part of conducting business in a competitive and fast moving commercial world.

Our team of talented dispute resolution solicitors has a wealth of experience in advising boards of directors, groups of shareholders and individuals on the whole range of disputes and disagreements that arise in the corporate world and our expertise spans compromise through mediation to resolution by litigation and arbitration, providing exceptional  levels of advice and service in a range of disputes including:

  • commercial fraud
  • corporate governance
  • deadlocked boards 
  • director disputes
  • directors duties and liabilities
  • internal investigations
  • removal of directors
  • shareholder disputes
  • shareholder agreements

 

 

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A guide to the litigation process

15 August 2017

If you are involved in a dispute you need to know: what options there are for resolving the dispute; what litigation involves; the steps from the start of proceedings to trial; what parties to proceedings have to do; the fundamentals of court procedure; how to use legal advisers efficiently and cost effectively; and what happens after judgment.

Service of a claim form on an agent - was it valid?

22 June 2017

In a recent case the High Court considered as a preliminary issue whether a claimant had validly served a claim form on what they considered was the agent of the claimant. The rules of service require that the defendant must be served at the place within the jurisdiction where it conducts business, or where it carries on its activities and which has a real connection with the claim. Therefore the question here was whether the agent’s office was a place at which the defendant conducted its business, or where it carried on its activities?

Servicing trade mark infringement

22 June 2017

The use of a third party trademark to provide information or describe a service being offered does not necessarily constitute trademark infringement. Where the use of a trademark goes beyond that and creates an impression in the average consumer that the particular serviced is authorised by the trademark owner, this will constitute an infringement.

Mediation

14 June 2017

Mediation is a common method of alternative dispute resolution (‘ADR’). It is a consensual process, with any settlement having to be agreed by both parties.

Disclosure: avoiding the pitfalls

22 May 2017

This guide provides you with a general introduction to the obligations of disclosure in Court proceedings. The rules governing disclosure are found in the Civil Procedure Rules Part 31 and the surrounding case law. This guide will highlight the main points you need to know, consider the problems often encountered and offer some practical tips.

Marathon Asset misses the jackpot again

12 April 2017

After being awarded only £2 in nominal damages in its breach of confidence case, Marathon Asset has been heavily penalised on costs after failing to accept the defendants’ Part 36 offer.

Insolvency - Issues for directors

16 March 2017

All directors owe duties to their companies. When a company is solvent, those duties are owed to the company personified by its shareholders. But when insolvency is pending, directors must act in the company’s creditors’ best interests. That difference means that the nature of the directors’ duties undergoes a significant shift when insolvency threatens.

Expert Witnesses

16 March 2017

This guide provides a general introduction to the use of experts in court proceedings. The rules governing expert evidence are found in Part 35 of the Civil Procedure Rules, Practice Direction 35, the Court Guides and the Guidance for Instruction of Experts in Civil Claims published by the Civil Justice Council. This guidance will highlight the main points you need to know, consider issues often encountered and offer some practical tips.

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