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Company Disputes

How is the busy director to keep up with the ever changing duties and obligations imposed by company law? How is the shareholder to know what his rights and remedies are, and whether the directors are doing what they should?

Well, practical experience in company law disputes tells me that they do not; instead most directors simply plough on with running their business, and rely on their accountant to fix the paperwork at the end of the year. They also rely on shareholders staying quietly in the background, taking no real interest in the company they own.

If this approach ever worked, it certainly cannot now.

The Companies Act 2006 (CA 2006) turned into a leviathan - 1300 sections, in 47 parts, with 16 schedules. And its implementation was also fraught, with various sections coming into force by virtue of eight commencement orders between November 2006 and October 2009 -some 35 months.

And the changes did not stop there: despite the marathon size of the act it has required alteration with the Companies (Shareholders Rights) Regulations 2009; and much of the act allows for secondary legislation by ministers to make further changes.

CA 2006 introduced statutory codification of rules which had previously been found in case law; of course those cases remain relevant, and new interpretation is occurring.

Over the coming pages I will be looking at the issues that most often occur in company disputes in practice. This will include CA2006 matters, shareholders agreements, constitutional documents (articles etc) minority rights and unfair prejudice, and address issues that directors, shareholders and their advisors face. Feedback is most welcome. 

Contact us

The Clough & Willis team, with offices in both Bolton and Bury, is highly experienced in all aspects of company disputes. Speak to us about your situation today by either calling us on 0800 083 0815 or by completing our online contact form, which can be found on the side of this page. 

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What Our Clients Say

I am so pleased with how Mr Macwilliam handled my case. He was extremely helpful and patient with us. I would recommend him 100% to anyone who needed a solicitor.

Mr Ashfaq

We used Clough & Willis because we believe Chris Macwilliam is the best solicitor in his field within the Bury area possibly within the Manchester / North West area. We would highly recommend Clough & Willis to family and friends.

Mr Smith

I would like to say I am extremely grateful to all at Clough & Willis. I enjoyed the fact that I could ring at any point and speak to Mr Macwilliam and always be given his full co-operation and time. I was never rushed to finish the call! I would also like to add, Mr Macwilliam kept me so up to date with my case, I always felt in the loop, I almost felt like I was the only client and felt the service was very personnel! Thank you and all the best!

Ms Broadbent-Davies

I greatly appreciated Mr Macwilliam's handling of my claim. His expertise made the whole process so easy for me and I am highly satisfied with the outcome. Many thanks.

Mr Addy

Christopher Macwilliam was excellent throughout my claim. He listened carefully and always kept me up to date. Everything was handled in a highly professional manner and I cannot speak highly enough of Chris and the company as a whole.

Mr Saunders

Mr Macwilliam has been very patient as my husband is dyslexic, some things needed explaining a few times and in other ways so Alan could understand. The interim payments were a huge help while the claim was going through.

Mrs Bonney

I was pleased with the professional and efficient manner with which my claim was dealt with. It was an unusual claim / incident but Mr Macwilliam put time and effort into understanding the dental side of the issue. I am very pleased with the outcome.

Mrs Johnson

Mr Macwilliam dealt with my case exactly how I had hoped. He was extremely professional throughout and always kept me up to date with the progress that was being made.

Mr Leech

I am writing to express our gratitude for all your hard work in securing a very good payment for the accident.

Mrs Plaskett

This was the second occasion that Chris Macwilliam has helped me to settle a problem. I have always found him to be very professional, patient and an extremely good listener. If I require the services of a solicitor in the future I would definitely contact Clough & Willis. I have recommended the firm on numerous occasions.

Client Satisfaction Comment

I was very happy with the service I received at Clough & Willis. Everything was explained clearly and patiently and each request I made was dealt with efficiently. I am happy with my outcome and would definitely recommend them to friends.

Client Satisfaction Comment

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