Here I share some recent or common types of cases I’ve worked on across the world.
Joint venture disagreements and mistrust
My client was in a 50:50 joint venture with his long-term Serbian friend (Partner). The JV company had been very successful and grown considerably over the years. Increasingly, the partners had different views as to the further direction of the company. Different views led to disagreements and increasing mistrust between them.
What I did
I provided advice to my client on the interpretation of the shareholders agreement and ways to resolve the deadlock situation. Upon the in-principal commercial agreement of the sale of the shares, I advised, drafted and assisted in the negotiation of the demerger agreement.
After a prolonged period of deadlock, the partners finally agreed to the sale of my client’s shares to the Partner.
Falsified insurance certificates
A senior manager of my corporate client, a health insurance broker, had falsified insurance certificates and had presented those falsified documents to new insurers, providing underwriting of the same, and in doing so, obtaining commission for selling new insurances. My client claimed damages and repayment of commission.
What I did
I advised, drafted letter before claim, claim form, particulars of claim, reply, disclosure statement, witness statements, skeleton argument, and represented my client at the CCMC and the trial.
By way of rigorous cross-examination, we were able to establish at trial that the ex-manager had indeed falsified the documents. My client was awarded the claimed sum, interest and costs on an indemnity basis.
Director’s Services Agreement breached by ex-director
My corporate client had entered Director’s Services Agreement with its director. After the director had resigned and his Director's Services Agreement had been terminated by my client, the ex-director breached the restrictive covenants set out in the Director’s Services Agreement.
What I did
Being instructed on a direct access basis, I advised, drafted letter before claim, claim form, particulars of claim, reply, disclosure statement and witness statements, mediation position statement and represented my client at the mediation.
The settlement agreement reached at mediation gave my client almost all sums claimed, plus interest and costs.
Deadlocked over dividends between partners
Over the last 30 years, my client had built a very successful company selling niche equipment worldwide. Having no son of his own, he employed and over time, gave free of charge 50% shareholding in the company to his “quasi son” (Partner) being 30 years younger than him. No proper Shareholders Agreement was entered. When my client retired from the day-to-day management of the company and the Partner became the Managing Director, the Partner and my client became deadlocked over the question of dividends. Wanting to end the deadlock, my client offered to sell his shares to the Partner at £4.5 million. The Partner counter-offered £1.6 million. My client issued Letter before Claim for an application for unfair prejudice in accordance with Section 994 of the Companies Act 2006. This was rebutted by the Partner’s Letter of Response.
What I did
Being instructed on a direct access basis, I advised, drafted and assisted in the negotiation between the parties.
A mediation is now scheduled for March 2023. I would hope that the parties can come to a settlement at the mediation, so as to avoid long and very costly proceedings.
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