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Shareholder and Director Disputes – Blog 2

Following last week’s introductory blog on shareholder disputes, we move on to consider Shareholder Agreements and how to try and avoid such conflicts. Part 2: “Prevention is better than cure” Shareholder Agreements and avoiding conflict. If your clients are wise enough to consult you before they go into business together recommending a written shareholders’ agreement …

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Trustees be aware – Do not sell that repossessed property at an under value!

Whilst the decision in the case of Meah-v-G E Money Home Finance Ltd [2013] EW CH 20 (Ch.) was unsuccessful and related to a mortgagee in possession, there are nevertheless lessons to be learnt. The case serves as a reminder to take care to adopt best practice when selling. Mortgage lenders in particular are always …

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Red Card for a Penalty?

Construction lawyers are extremely familiar with contractual penalty clauses. Recently however contractual law and the issue of penalties in particular has again come under the judicial microscope in two reported cases:- Iman-Sadeque-v-Bluebay Asset Management (Services) Limited [2012] EWHC 3511 (QB) and Cavendish Square Holdings BV and another-v-El Makdessi [2012] EWHC 3582 (Comm) It is important …

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Valuation of Share Holding where there is a Dispute

Summary This is an interesting decision heard on 17th June 2013 which caught our attention involving the purchase of shares and their valuation. In summary, at first instance the Judge carried out a determination of the valuation of the company for the purpose of allowing the respondents to purchase the petitioner’s minority shares with a finding that the petitioner …

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Thinking about bringing a claim for interest rate swap mis-selling?

If you are thinking about bringing a claim against a UK lender you should make sure that you are up to speed with a couple of fairly substantial developments. The first of these is the pending appeal in the Green-v-Royal Bank of Scotland case which is due to be heard by the Court of Appeal in late …

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