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Directors disputes

Directors play a pivotal role in helping companies to achieve their strategic objectives and to operate effectively and efficiently. As such, it is important that they perform their role well an that they command the trust and respect of those they have been appointed to lead. It is also important that conduct themselves in a way that is beyond reproach and that where mistakes are made these are owed up to quickly.

Where the behaviour of a director falls below expected standards, there is potential for a dispute to arise — whether it is with fellow directors, shareholders, corporate lenders, secured creditors or employees. There is also potential for conflict where a director chooses to leave unexpectedly or an insolvency practitioner is appointed.

Whatever the circumstances, it is important that where a dispute occurs it is tackled head on and that decisive action is taken to achieve a prompt resolution on sensible and commercially acceptable terms.

This is something that the corporate solutions lawyers at IMD Corporate can help you to do, whether your involvement in the dispute is as the director whose actions have come under scrutiny, a representative of the company’s board or someone else.

We have broad experience in a range of director-related matters and particular expertise in the resolution of disputes between directors and shareholders over poorly made or executed business decisions.

How we can help

Working alongside our dispute resolution colleagues, we can help deal with:

  • disputes where a director is alleged to have breached their statutory duties under the Companies Act 2006;
  • disputes where a director is alleged to have exceeded their powers, or failed to follow internal rules, as set out in the company’s articles of association and other constitutional documents;
  • disputes where a director is alleged to have failed to give effect to the statutory or contractual rights of shareholders;
  • disputes where a director is alleged to have behaved inappropriately, such that the company feels entitled to terminate their service contract;
  • disputes where a director has been removed from their position and is claiming unfair dismissal or some other breach of employment laws;
  • disputes where a director has left the company and is allegedly acting in breach of a restrictive covenant;
  • disputes where a director is alleged to have contributed to a company’s collapse into insolvency, including where they are accused of wrongful trading or of sanctioning a transaction at an undervalue or one that amounts to a preference; and
  • disputes with an insolvency practitioner who is trying to force the director to make a personal contribution to company funds or to have them made subject to a director’s disqualification order.

Our law experts are here to help you

For an initial consultation, call our UK International Solicitors on 0330 107 0106 or request a free call back.

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IMD Corporate – the right lawyers for your business

As a full-service law firm, our commercial lawyers are passionate about reducing the risk of commercial disputes through specialist contracts that are sector and industry-specific and fit for the jurisdictions in which your business operates.

No company, whether a start-up, SME or multi-national, can avoid all business disputes. That is where our dispute resolution solicitors step in to react quickly at the first sign of a claim or jurisdictional dispute. With our legal expertise, combined with a pragmatic commercial focus, we can work with you to find the best solution to your problems

Talk to us today about:

Alternative dispute resolution

Settling and resolving disputes out of court to save your business time and money is the goal of our alternative dispute resolution solicitors. Our team are specialists in commercial dispute resolution, and reaching a settlement best suited to your needs is our focus. Through alternative dispute resolution (ADR), we focus on achieving fast and commercially pragmatic solutions that work for your business.

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Adjudication

Adjudication is a fast and effective way to resolve disputes without ending up in prolonged commercial litigation.

Many commercial contracts and agreements include adjudication as the preferred means of alternative dispute resolution (ADR). However, even if adjudication is not referred to in a contract or deal, the parties to a commercial dispute can agree to use adjudication.

Our adjudication solicitors will explain the adjudication process and discuss whether adjudication is the best method for your business to resolve its dispute with a third party.

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List of notable dispute resolution cases

  • Multi-jurisdictional dispute involving international consortium of corporate shareholders of a Saudi oil and gas subsidiary, involving allegations of fraud and breaches of contractual obligations. Liquidation of the subsidiary was sought by a proportion of shareholders. Settlement was reached between all and liquidation successfully prevented.
  • Dual-jurisdictional dispute involving essentially a battle between conglomerate of companies, with proceedings lodged with various courts across two jurisdictions involving complex jurisdictional and commercial matters.
  • Claim against international plc involving defending allegations of fraud. Concluded successfully and saved the Client from insolvency.
  • Acting for a Claimant in a dispute with a global payment processing institution, involving misconduct allegations and challenge to jurisdiction. Case settled at over 80% of the amount claimed despite initial arguments and denial by the institution.
  • Defended a breach of contract claim involving a cross-border supply of goods. Using strong defence arguments but preserving our client’s commercial position, we managed to resolve the matter through a reduction of the main claim by 75% and potential costs liability by 80%.
  • Acted for a construction company in a claim to recover an unpaid contractual fees. Judgment in favour of the Client secured a trial despite little documentary evidence available and relying mostly on witness evidence.
  • Represented a company Director in a successfully defended claim involving allegations of fraud and breach of fiduciary duties
  • Acting for a claimant in a construction dispute. The matter proceeded to trial where the Claimant successfully obtained a judgement for the full amount.
  • Acting for a defendant who failed to file a defence and had default judgement entered against him prior to instructing our firm. The judgement was set aside and eventually the value of the claim was reduced by 75%.
  • Acting for a creditor in a reported High Court case relating to enforcement of a foreign judgement in the UK. Successfully defended an application by a debtor to declare the judgement unenforceable.
  • Regularly acting for a group of companies dealing with medical equipment manufacturing and worldwide distribution.  Assisting with both contentious and non-contentious cases ranging from commercial and employment to GDPR compliance.
  • Represented a Client in a complex shareholders’ dispute concluded by the way of agreement and voluntary liquidation of the company.
  • Acting for the UK based construction company in a dispute with a contractors. Settled the claim for circa.  90% of the amount originally claimed.
  • Pursuing a claim against a firm of solicitors who have provided our client with negligent advice. Successful recovery of circa 80% of the loss incurred.
  • Acting for a large meat supplier in a dispute with the distributor arising due to faulty product being introduced earlier in the supply chain.
  • Successfully defending a client from committal to prison, in a private prosecution brought by the insurers of a third party following a road traffic collision.
  • Acting in a dispute with the main contractor on a construction project. Successfully recovered our client’s losses incurred as a result of the main contractor and successfully defended all counterclaims that were brought against our client.
  • Acting for an investor in a dispute with a trading company. Successfully obtained a judgment for the sums deducted from the client’s account by the trading company.
  • Acting for a landlord in possession proceedings. Successfully obtained a court order for possession and evicted the tenant using the court appointed bailiff.
  • Acting for a claimant in a Professional Negligence matter, successfully settling the case before trial

Do you have a legal issue that
needs to be resolved in the UK?

Why us?

Why Choose IMD Corporate?

01.

Why Choose IMD Corporate?

Our team is adept at handling intricate cases involving international elements, such as division of assets across borders, child abduction and child relocation. This makes us particularly suited for individuals with international family or business ties.

02.

Award-Winning Legal Excellence

We are proud recipients of multiple national awards, a testament to our commitment to legal excellence. Our awards reflect our high standards and dedication to achieving the best outcomes for our clients. You can check the list of our awards by clicking here.

03.

Outstanding Client Testimonials

Our clients’ satisfaction speaks volumes about our services. We invite you to read the glowing testimonials on ReviewSolicitors, which showcase our ability to exceed client expectations.

04.

Proven Track Record in Complex Cases

Our firm has a proven track record of successfully handling complex legal cases, particularly those involving cross-border elements. Our expertise is especially beneficial for individuals seeking sophisticated legal solutions.

05.

Deep Cultural Understanding

At IMD Corporate, we recognise the significance of cultural nuances in legal matters. Our team, with its diverse cultural backgrounds, is uniquely positioned to understand and empathetically address the specific needs of clients from various international communities.

06.

Personalised and Compassionate Approach

We believe in a client-centric approach, offering personalised and compassionate legal advice. Understanding that each case is unique, we tailor our strategies to suit individual client needs.

07.

Comprehensive Legal Services

Beyond family law, we offer a wide range of legal services, making us a one-stop solution for all your legal needs, whether personal or business-related.

08.

Commitment to Client Communication

We believe in empowering our clients with knowledge. Our team ensures that you are well informed about the legal processes and your options, enabling you to make educated decisions.

09.

Comprehensive Legal Services

Our extensive network of international legal and professional contacts allows us to efficiently handle cases that span multiple jurisdictions, providing a seamless legal experience for our clients.

10.

High Ethical Standards

As a reputable law firm, we adhere to the highest ethical standards, ensuring transparency, integrity, and professionalism in all our dealings.

Frequently Asked Questions

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If you need legal advice, contact us today to request a free callback. Please note that all meetings are by appointment only in all our offices.

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