Everyone requires some assistance when things don’t quite go as planned, whether it's falling out with a contracting party or fellow shareholder, or your business facing financial pressure.
Our specialist teams can deal with all commercial, intellectual property and corporate disputes. We also provide practical guidance for the company and its directors, for example on possible restructuring/refinancing solutions.
The disputes handled by our dispute resolution team often arise out of our clients’ everyday business dealings, trading agreements and long term supply and distribution contracts. We also deal with claims arising out finance and funding arrangements and have considerable experience of dealing with recovery of goods under reservation of title clauses.
We can help with contract interpretation issues, such as whether a breach has occurred or a termination right has been triggered.
If urgent action is required, it may be appropriate to seek injunctions in order to protect commercial interests, including intellectual property rights.
Restructuring can be used to strengthen a company’s balance sheet, aid cash flow, assist with strategic litigation planning, improve the tax efficiency of a corporate group or to generally “tidy up” a corporate structure.
In distressed situations, it is important to take a commercial approach and act quickly to achieve an outcome that is in the best interests of all parties. We advise corporates, directors and investors in sometimes fraught situations where banking covenants have been breached and additional or alternative funding is required as a matter of urgency. Sometimes this results in the parties agreeing to rearrange existing facilities and to agree a restructuring of the existing debt, whether informally or through a formal insolvency process (such as a company voluntary arrangement).
We help directors faced by challenging financial situations, when it is important that they act properly, take appropriate advice and minimise the risks of personal liability. We review the latest management accounts and cash flow forecasts to assess the solvency position of the company. We attend board meetings and provide detailed written advice to directors prior to them taking a particular course of action and seek to ensure that all decisions of directors are carefully justified and documented in board minutes.
Disputes sometimes arise between shareholders. Our team advises on shareholder litigation (including minority shareholder claims) and claims against directors. We also provide risk management advice to shareholders and directors alike, looking to minimise their liability.
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