Company law

 A. Legal Services for Companies:


  1. Product & Service Contracts - My  work includes drafting legal documents and/or stress testing existing  contracts you already have in place. Obviously a well drafted contract  can significantly reduce the risk of litigation by preventing problems  from arising in the first place. But often that is not the reality, and I  can help at any level where a dispute does arise. This can include  negotiating settlements, brainstorming how to avoid problems spreading  further and, where necessary, representation in courts and tribunals.      
  2. Shareholder Agreements  - A  shareholder agreement is an extremely important document. Getting it  wrong is often costly where a dispute arises in later years. A good  shareholder agreement should be bespoke to the individual arrangement.  Companies should be extremely cautious of using templates.  This is  particularly so where there is a desire to protect the interests of  minority shareholders. Instructing a barrister access barrister to draft  a shareholder agreement can save you a considerable amount of money. I  have experience of drafting shareholder agreements and offer this  service on a fixed fee or hourly rate.
  3. Employment Law - I  draft contracts and documents such as employee handbooks and  disciplinary and grievance procedures with a view to preventing disputes  from arising. I am an expert at representing companies in Employment  Tribunals across the country, as well as at the Employment Appeal  Tribunal in London. I offer advice to employers when faced with disputes  which might end up in the tribunal, and full representation in all  cases which proceed to a hearing.
  4. Representation - If  disputes do arise, I offer advice and analysis to identify the swiftest  and cost effective outcome possible. When a case does go to court, I  offer expert representation at all stages of litigation. As a direct  access barrister, I have rights of audience in all the courts and  tribunals in the country, up to and including the Supreme Court.

 B. Director Disputes

 

  1. Dismissing a Director - A  director is essentially an employee. So, the normal rules of employment  law apply. To avoid a tribunal claim you need to ensure the dismissal  is carried out fairly. You will also need to know how much notice a  director is entitled to. A director will normally have a written  employment contract or a service agreement. If they do not, the  statutory notice provisions apply. Statutory notice varies according to  length of service. The longest notice period permitted under statute is  three months. However, simply terminating a director’s employment will  not remove the director from the company. To do this, a resolution is  usually required. I have experience instructed as a direct access  barrister to deal with director disputes, including in High Court  litigation. 
  2. Resolving Deadlock - Deadlock  arises where the directors and shareholder’s vote are equally split.  This can often cause bitter disputes which can be difficult to  resolve. Having a barrister on broad at an early stage can assist in  resolving the deadlock by negotiation or otherwise by taking the matter  to court and asking the court to order a sale of shares. 

 C. Shareholder Disputes


  1. Shareholder disputes - often referred to as a  “corporate divorce”. Various tricky issues arise and it is important to  get on top of things quickly to prevent damage being done to the  business. There are a range of options for resolving shareholder  disputes. For advice, please contact me to arrange a conference.