Director & Shareholder Disputes
EA Law’s litigation team instructs Andrew McGuinness, a barrister at law to litigate in the Business and Property Courts for EA Law clients. Called to the bar in 1992, Andrew McGuinness has a strong reputation in his field, noted through his reported cases.
EA Law provides confident and strategic expertise advice and action to resolve business disputes quickly and effectively to reduce the commercial impact to the business. Your litigation lawyer will swiftly identify the issues, your legal rights and obligations and advise pragmatically on whether and how to litigate, to encourage round table discussions or mediate. Our litigation lawyers would manage the dispute in the best interest of the business and the best outcome for you. If there is a risk of long running and costly litigation this will be a factor considered when evaluating the commercial benefit.
EA Law’s litigation team acts for shareholders and directors and represents Ltd companies through to PLCs, Partnerships and LLPs in a wide range of disputes, including in the following areas:
- Breach of a director’s duties
- The company’s strategy and management
- Dividend policies
- Disparities between salaries
- Directors having separate or conflicting business interests
- A failure to communicate financial information to shareholders
- Excluding shareholders from board meetings
- A breach of a shareholders’ agreement or the company’s articles of associations
- Representing individual partners and partnerships in issues arising out of the dissolution and termination of partnerships, including related partnership disputes about property and profit entitlements
- Acting on behalf of directors defending disqualification proceedings
- Fraud related disputes for and against directors, partners and LLP members
- Unfair Prejudice Petitions
EA Law Case Study
12 January 2021
Section 994 of the Companies Act 2006: dilution of shareholding
In this matter Andrew McGuiness of Counsel was instructed by EA Law on behalf of a petitioner whose shareholding in a UK limited company had been diluted from 25% to 1% in a disputed issue of new shares. The identity of the parties and the company are confidential. On 30 April 2020 a letter of claim was sent on behalf of the petitioner to the other shareholders. On 22 June 2020 a petition was issued out of the High Court (Business and Property) claiming relief pursuant to section 994 of the Companies Act 2006. The litigation was resolved by Agreement dated 30 December 2020. ICC Judge Prentis approved a Tomlin order dated 12 January 2021.
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