Are you a minority shareholder? Do the directors or the majority shareholders treat you unfairly? Worse, are the directors diverting money or business from the company into their own pockets? This is where a barrister's advice can get straight to the heart of the matter and tell you all the options available.
If you are just about to start a company with others, what you need is a Shareholders Agreement to set out the rights and duties of all the parties and to protect minority shareholders from being at the mercy of the majority. I can draft one for you.
Partnership and LLP
Just starting a business? You will need advice as to what structure it ought to take; a company, partnership or LLP.
Perhaps you're in disagreement with your partners? You will need help understanding what rights you have under your Partnership Deed or LLP Agreement. No Partnership Deed or LLP Agreement? Partnership and LLP law is full of traps for the inexperienced. I can give you the expert advice you need to resolve your problems.
Banking and Financial Services
- Think you have been mis-sold a financial product that you don't even understand?
- Disputing your liability to repay a bank loan?
- Being pursued under a personal guarantee?
You need you know what your rights are and whether or not you have any defence to the claim. You need expert advice that a generalist solicitor cannot provide, from a barrister whose expertise as a banking lawyer has been recognised in the major legal directories. I can offer exactly that advice.
If you are in business, it is a fact of life that sooner or later you are going to have a dispute with a supplier or client. It's not always straightforward to sort things out.
You need expert help to decide how to deal with the problem:
- If there are any written terms of trade, do they help?
- Can a properly written letter or two bring the dispute to an end?
- If it's not black and white, should I try to settle the case now?
- If I have to go to court what are the chances of winning?
- What is it likely to cost if I do?
- If I want to preserve my relationship with the other party, should I suggest mediation?
Knowing your strengths and weaknesses and having a worked-out strategy is the key to successful dispute resolution. An expert litigator should be your starting point.
Sometimes you don't get the right advice and you have to face the possibility of taking on your lawyer, accountant or financial adviser and their insurers. Claims of this kind are fraught with difficulties:
- Can you prove exactly what you asked your adviser to do? It is surprising how much difficulty is caused because the scope of the work is not clear.
- Have you left it too late to make a claim?
- Has the contract with your adviser tried to exclude or limit your rights? If so, can you get around it?
- Can you prove that the advice you got caused you financial loss? If so, how much?
- Will you need an expert witness?
- Have you acted appropriately to reduce the effect of what has happened?
Getting the right advice on such claims from the very beginning is vital, as the costs can spiral out of control. I can help you by advising exactly what to do and drafting the relevant documents if the case has to go to court.