Resolving Disputes

Commercial disputes

Defending a claim arising from a share sale

Our client was sued for money unpaid after it purchased shares in a company.  Despite a written agreement to pay, we raised a strong misrepresentation defence, which led to the claimant agreeing to mediate and a settlement satisfactory to our client was reached.   

Negotiation of good leaver provisions on termination of a director

We advised on the valuation of shares and shareholder rights under articles of association and an investment agreement for a departing director leaving a company with venture capital backing.  We negotiated with the venture capitalists for the ex-director to be treated as a good leaver and maximise the sale value of his shares. 

Defending a claim of wrongful trading

Advising the board of directors accused of wrongful trading upon insolvency.  Successfully obtaining the agreement of a liquidator not to proceed with a claim.  Advice included review of contracts concluded by directors, provision of financial information and strength of the defences available to directors.  Defending claims made against the directors personally.

Non-enforceability of restrictive covenant

Advising a management team accused to setting up in competition to ex-employer.  Analysis of the enforceability of restrictive covenants, defence to allegations and obtaining withdrawal of claims made against the management team.  

Enforcing an agreement against a sub-contractor

We acted for a company whose sub-contractor poached one of its clients, in breach of the terms of a restrictive covenant in an agreement.  We obtained substantial damages for breach of the sub-contractor agreement in a matter which settled out of court.  Confidentiality was key as the poaching involved several celebrity clients.   

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compromise agreements unfair dismissal loss of earnings litigation share valuation selling a business shareholder agreements