Our experienced business dispute resolution solicitors offer expert guidance and support, ensuring a smooth resolution process that safeguards your business interests.

Get in touch with our team today to learn how we can assist you in resolving boardroom disputes efficiently.

How Walker Foster Can Help You

Boardroom disputes require a nuanced approach, encompassing a range of legal services tailored to address and resolve conflicts effectively. At Walker Foster, our comprehensive legal services are designed to tackle all aspects of business and shareholder disputes, ensuring a thorough and effective resolution process.

What Are Boardroom Disputes?

Boardroom disputes occur when disagreements arise among directors or senior executives within a company. These conflicts can stem from various issues, including strategic decisions, financial management, compliance with corporate governance, or personal differences.

Such disputes can disrupt decision-making processes, lead to a loss of trust, and ultimately harm the business' performance and reputation. Effective resolution of these disputes is important in maintaining a harmonious and productive boardroom environment free of prejudice and ongoing business disruption.

What is Unfair Prejudice?

Unfair prejudice occurs when the actions of majority shareholders harm the interests of minority shareholders, breaching principles of fairness and equity within the company. This can include decisions that negatively impact the value of minority shares or exclude minority shareholders from important decisions.

Any action or inaction that contravenes the company's articles of association, which define the company's rules and regulations, can be a strong indicator of unfair prejudice.

What Should You Do If You've Experienced Unfair Prejudice?

Under section 994 of the Companies Act 2006, shareholders have the right to challenge actions or inactions by the company that disadvantage their interests. If you believe you have been subjected to unfair prejudice, you can petition the court for relief.

For the court to establish unfair prejudice, the loss or disadvantage to the shareholder must be both 'unfair' and 'prejudicial'. This means it must be demonstrated that the conduct not only harmed the shareholder but can also be classified as unjust in the context of the company's operation and governance.

If the court finds in favour of the petitioning shareholder, it has broad powers to provide remedies. These can include ordering the company to buy back the affected shares at a fair value, or other actions to rectify the unfair prejudice.

How Should Boardroom Disputes Be Handled?

Handling boardroom disputes requires a strategic and measured approach to make sure that conflicts are resolved efficiently and do not escalate further. Here are the key steps to resolve boardroom conflicts:

Our Approach to Boardroom Disputes

At Walker Foster, our approach to boardroom disputes is comprehensive and client-focused. We prioritise understanding your unique situation and objectives to provide tailored legal solutions. Here is an in-depth look at our process:

• Initial consultation: we begin with a detailed initial consultation to understand the specifics of your case. During this meeting, we listen carefully to your concerns, gather all relevant information, and identify the key issues involved in your dispute. This thorough assessment allows us to provide you with an informed overview of your legal position and advise you on the best course of action moving forward. Our goal is to ensure you feel confident and well-informed from the outset.
• Clear communication: effective communication is a cornerstone of our service. We ensure you are kept informed at every stage of the process, providing regular updates and clear explanations of legal terms and procedures. This transparency helps you understand your legal rights and options, making it easier for you to make informed decisions. We are always available to answer your questions and address any concerns you may have, ensuring you never feel left in the dark.
• Strategic planning: based on our initial consultation, we develop a strategic plan tailored to your specific situation. This plan outlines the steps we will take to resolve your dispute efficiently and effectively. Our strategy aims to minimise stress and costs by focusing on achieving a fair resolution through negotiation or mediation whenever possible. However, we are also prepared to pursue litigation if necessary to protect your interests. Our strategic planning ensures that every action we take is purposeful and aligned with your objectives.
• Expert representation: our experienced solicitors provide expert representation throughout the dispute resolution process. We advocate vigorously on your behalf to achieve the best possible outcome. We bring our extensive knowledge of corporate law and our proven negotiation skills to every case, ensuring that your position is presented clearly and persuasively. Our commitment to excellence means you can trust us to handle your case with the utmost professionalism and dedication.
• Ongoing support: we understand that boardroom disputes can be prolonged and stressful. That's why we offer ongoing support throughout the resolution process. From the initial consultation to the final resolution, we stand by your side, providing continuous guidance and reassurance. Our aim is to alleviate your stress and give you peace of mind, knowing that you have a dedicated legal team supporting you every step of the way. We strive to build long-term relationships with our clients, offering a reliable and consistent service that you can depend on.

By following this comprehensive and client-focused approach, Walker Foster ensures that your boardroom dispute is handled with the care and attention it deserves. We are committed to delivering personalised, effective legal solutions that meet your needs and protect your interests.