Frequently Asked Questions

Business Dispute: Should I have a written partnership agreement?

January 1st 2021
 

Yes. In the absence of a written agreement there’s the risk of argument as to what was agreed between the partners, and the law can impose things which you would otherwise never have intended. The costs of trying to fix a problem will be significantly more expensive than having a proper agreement in place at the outset to minimise the risks of a problem arising in the first place. We…

Business Dispute: What types of company disputes do you deal with?

January 1st 2021
 

We deal with a wide spectrum of business disputes, including: Director disputesBreach of director dutiesShareholder dutiesBreach of shareholder agreementsUnfair prejudice petitionsMinority shareholder protectionConflicts of interestInsolvency disputesLLP and partnership disputes For more FAQs see here

Personal Dispute: What is Professional Negligence?

January 1st 2021
 

You may consider that you received bad advice or that you did not achieve what you set out to achieve. Professionals are duty bound to provide their services to a required standard. If you instructed a professional and they failed to fulfil their role to that required standard you may be able to bring a claim against them if you suffered a loss as a result of this failure. If…

Business Dispute: What should I do if I am a director or shareholder in dispute?

January 1st 2021
 

It is important that you take expert advice at the earliest opportunity. Taking no action could be construed as agreeing to the action taken by the other parties involved, or there may be specific time limits to take action. It is important to seek advice at the earliest opportunity. For more FAQs see here

Personal Dispute: What professionals can I make a claim against?

January 1st 2021
 

A professional is a person who is considered to have particular expertise and skills in the services they provide. Examples of professionals you may be able to make a claim against include: AccountantsFinancial advisorsSolicitorsBarristersSurveyorsBuildersEngineersArchitectsInsurance brokersProfessional trustees For more FAQs see here

Business Dispute: I’ve fallen out with my co-business owner, what are my options?

January 1st 2021
 

There are many possible options that might be available if formal court action is necessary. These range from applying to the court for declarations up to winding-up the business. However, winding-up any business is a significant step. We actively encourage ways of Alternative Dispute Resolution between business owners to either find a joint way forward or, potentially, to split the business meaning that the parties don’t directly have to work…

Personal Dispute: How long do I have to make a Professional Negligence Claim?

January 1st 2021
 

The usual limitation period and starting point in most professional negligence cases is six years from the date of the negligence. However, if you only became aware of the loss and damage at a later date this could be extended. In those cases the limitation period is three years from the date of knowledge of the facts which might give rise to a claim. In addition to the above there…

Corporate and Commercial: What are articles of association?

January 1st 2021
 

Think of these as the constitution or rule book of the company. All UK companies are required to have articles of association, although not all shareholders and directors are aware they exist(!). They can be in a standard form (known as Model or Table A articles) or tailored to cover the bespoke requirements of companies, covering areas including: directors powers, meeting requirements (e.g. notice periods), voting and dividend rights for…

Personal Dispute: What do I have to prove when making a Professional Negligence Claim?

January 1st 2021
 

In order to bring a successful Professional Negligence Claim you will need to demonstrate the following: Duty of Care That the professional had a Duty of Care. If there is a contract or retainer between you and the professional this is often easy to prove. Even if there is no contract it is still often easy to demonstrate that the professional has assumed a Duty of Care by acting on…

Corporate and Commercial: What is a shareholders’ agreement?

January 1st 2021
 

This is a contract between the shareholders in a company, setting out how the company will be owned and run. There is no legal requirement to have a shareholders’ agreement, but they can cover useful areas such as how decisions will be made, dividend payments, who shares can be transferred to (along with how they will be valued) and how funding will be raised. Another advantage is that, unlike articles…

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