Business and Commercial Disputes

Business Disputes

Breach of contract

A breach of contract is when one party fails to meet their obligations under a contract.

Unfair competition

Unfair competition is when a business uses unethical or illegal methods to gain an advantage over its competitors.

Intellectual property infringement

Intellectual property infringement is the unauthorized use of someone else’s intellectual property, such as a trademark, copyright, or patent.

Claims against Directors

Directors’ negligence is when directors fail to act in the best interests of the company or breach their fiduciary duties.

Fraud and misrepresentation

Fraud and misrepresentation are intentional acts of deception that can lead to financial losses for businesses.

Minority shareholder disputes

Minority shareholder disputes are disagreements between minority shareholders and the majority shareholders of a company.

Business Valuations and Disputes

Business valuation disputes are disagreements over the value of a business.

Shareholder activism

Shareholder activism is when shareholders use their shares to influence the company’s management and strategy.

Corporate whistleblowing

Corporate whistleblowing is when employees report wrongdoing within their company to the appropriate authorities.

Business interruption insurance disputes

Business interruption insurance disputes are disagreements between businesses and their insurance companies over coverage for losses caused by a business interruption.

Force majeure clauses

Force majeure clauses are contract clauses that excuse a party from their obligations under the contract if an unforeseen event occurs.

Commercial Breach of Warranty Dispute

A breach of warranty is when a product or service does not meet the seller’s warranty.

Trade Secrets Disputes

Trade secrets are confidential information that gives a business a competitive advantage.

Breach of Non-Disclosure Agreement

Non-disclosure agreements (NDAs) are contracts that require parties to keep confidential information secret.

Construction disputes

Construction disputes are disagreements between parties involved in a construction project, such as contractors, subcontractors, and property owners.

Commercial Property Disputes

Real estate disputes are disagreements between parties involved in a real estate transaction, such as buyers, sellers, and landlords and tenants.

Environmental disputes

Environmental disputes are disagreements between parties over environmental issues, such as pollution and contamination.

Franchise disputes

Franchise disputes are disagreements between franchisors and franchisees.

Technology disputes

Technology disputes are disagreements between parties involved in technology transactions, such as software developers, hardware manufacturers, and internet service providers.

Bankruptcy and insolvency disputes

Bankruptcy and insolvency disputes are disagreements between creditors and debtors over the distribution of assets in bankruptcy and insolvency proceedings.

Consumer protection disputes

Consumer protection disputes are disagreements between consumers and businesses over consumer rights and protections.

Regulatory and Professional Violations

Regulatory violations are breaches of laws and regulations governing businesses.

Antitrust violations

Antitrust violations are agreements or practices that restrain trade or competition.

International Business Disputes

International disputes are disagreements between parties from different countries.

Partnership Disputes

Partnership Deadlocks

A deadlock occurs when two or more partners cannot agree on a course of action for the partnership. This can lead to paralysis and prevent the partnership from functioning effectively.

Expulsion of partners

In some cases, it may be necessary to expel a partner from the partnership. This can be done for a variety of reasons, such as misconduct, incompetence, or a breach of the partnership agreement.

Partner misconduct

Partner misconduct can take many forms, such as theft, fraud, or embezzlement. It can also include self-dealing, conflicts of interest, or breaches of the partnership agreement.

Partnership dissolution dispurtes

When a partnership dissolves, the partners must wind up the business and distribute the assets. This can be a complex and time-consuming process, and it can lead to disputes between the partners.

Partnership Accounting Disputes

Accounting disputes can arise over a variety of issues, such as the allocation of profits and losses, the valuation of assets, and the calculation of expenses.

Partnership property disputes

Partnership property disputes can arise over the ownership and use of partnership property. This can include disputes over the division of property upon dissolution of the partnership.

Partnership losses

Partnership losses can be a source of conflict between partners. This is especially true if the losses are significant or if there is a dispute over who should bear the burden of the losses.

Partnership taxation disputes

Partnership taxation can be complex, and it can lead to disputes between partners. This is especially true if the partners have different tax situations.

Disputes between partners and third parties

Disputes between partners and third parties can arise over a variety of issues, such as contracts, employment, and intellectual property.

Partnership retirement and succession

Partnership retirement and succession can be a source of conflict between partners. This is especially true if the partners have different goals or expectations.

Corporate Disputes

Mergers and acquisitions disputes

Mergers and acquisitions disputes can arise over a variety of issues, such as breach of contract, fraud, and antitrust violations.

Shareholder derivative actions

Shareholder derivative actions are lawsuits filed by shareholders on behalf of the corporation against the directors or officers of the corporation.

Corporate governance disputes

Corporate governance disputes can arise over a variety of issues, such as the election of directors, the management of the corporation, and the disclosure of financial information.

Company winding up

Company winding up is the process of dissolving a company and distributing its assets to its creditors and shareholders. Winding up can be voluntary or involuntary.

Shareholder disclosure obligations

Shareholder disclosure obligations are the requirements that companies must comply with when disclosing information to their shareholders. These obligations are designed to protect shareholders and ensure that they have the information they need to make informed investment decisions.

Corporate bribery and corruption

Corporate bribery and corruption is the use of bribes or other corrupt means to obtain or retain business. It is a serious crime that can have devastating consequences for companies and their shareholders.

Corporate governance codes

Corporate governance codes are sets of principles and recommendations that companies should follow to improve their corporate governance. Corporate governance codes are not legally binding, but they are widely respected and can be used by shareholders to hold companies accountable.

Shareholder Disputes

Minority shareholder oppression

Minority shareholder oppression is when the majority shareholders of a company use their control of the company to disadvantage the minority shareholders.

Shareholder agreement disputes

Shareholder agreements are contracts between the shareholders of a company. They can be used to govern a variety of issues, such as the voting rights of shareholders, the transfer of shares, and the resolution of disputes.

Shareholder buyouts litigation

Shareholder buyouts are transactions in which the shareholders of a company purchase the shares of other shareholders. Shareholder buyouts can be used to take a company private or to consolidate ownership of the company.

Dividend disputes

Dividend disputes can arise over a variety of issues, such as the declaration and payment of dividends, the amount of dividends to be paid, and the eligibility of shareholders to receive dividends.

Shareholder voting rights disputes

Shareholder voting rights are the rights of shareholders to vote on important corporate matters, such as the election of directors and the approval of mergers.

Shareholder information rights

Shareholder information rights are the rights of shareholders to access information about the company, such as its financial records and the minutes of its board meetings.

Squeeze-outs and mergers of convenience

Squeeze-outs and mergers of convenience are transactions in which the majority shareholders of a company use their control of the company to force the minority shareholders to sell their shares.

Shareholder pre-emption rights

Shareholder pre-emption rights are the rights of shareholders to purchase new shares of the company before they are offered to the public.

Breach of Shareholder Voting Agreement

Shareholder voting agreements are contracts between shareholders in which they agree to vote their shares in a certain way.

Shareholder drag-along and tag-along rights

Shareholder drag-along and tag-along rights are the rights of shareholders to force other shareholders to sell their shares in the event of a sale of the company.

Other Topics

Commercial Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (ADR) is a process of resolving disputes without going to court. ADR includes a variety of methods, such as mediation, arbitration, and negotiation.

Insolvency Litigation

Insolvency litigation in the UK involves legal proceedings to resolve disputes arising from a company’s inability to meet its financial obligations, often encompassing issues such as asset recovery, creditor claims, and director liabilities.

Commercial mediation

Commercial mediation is a type of ADR in which a neutral third party helps the parties to a dispute to reach a mutually agreeable settlement.

Commercial arbitration

Commercial arbitration is a type of ADR in which a neutral third party makes a binding decision on the dispute.

Commercial litigation funding

Commercial litigation funding is a type of financing that can be used to pay for the costs of litigation. Commercial litigation funding is typically used by businesses and individuals who do not have the financial resources to pay for the costs of litigation on their own.

Expert witnesses in commercial litigation

Expert witnesses are people who have specialized knowledge in a particular field and who can testify in court about their knowledge. Expert witnesses can be used to explain complex technical or legal issues to the court.

Enforcement of commercial judgments

Enforcement of commercial judgments is the process of obtaining payment on a judgment that has been awarded by a court. Enforcement of commercial judgments can be a complex process, and it is important to seek legal advice if you are trying to enforce a commercial judgment.

Commercial litigation procedure

Commercial litigation procedure is the set of rules that govern civil lawsuits in commercial courts. Commercial litigation procedure includes a variety of topics, such as the filing of pleadings, the discovery process, and the trial process.

Commercial litigation costs

Commercial litigation costs can be significant. It is important to carefully consider the costs of litigation before filing a case.