Legal Services for Business
Business disputes can be costly, distracting and disruptive. They can be particularly difficult when the disagreement is between shareholders, directors, business partners or people who need to continue working together.
At WSP, our business dispute solicitors help business owners, companies, shareholders, directors and partners understand their legal position and find a practical way forward.
We can advise on disputes arising from commercial relationships, contracts and the management or ownership of a business. Our approach is focused on the outcome you need, the value at stake and the wider commercial implications of the dispute.
Where possible, we will explore ways to resolve matters through negotiation or alternative dispute resolution. Where formal proceedings are necessary, we can help you protect your position and pursue or defend a claim.
Speak to our business dispute solicitors in Gloucester and Stroud.
To get in touch with our Business Disputes team you can use the contact form on this page, or reach out directly by clicking here. Alternatively, you can call us on 01453 847200.
We can advise on business disputes including:
Whether a dispute is between two businesses or between the people who own and manage the same business, getting advice early can help prevent positions becoming entrenched.
Disagreements between shareholders can threaten both the operation and value of a company.
A dispute may concern how the company is being managed, the conduct of another shareholder or director, how money is being taken from the company, a disagreement over strategy, or the future ownership of the business.
We can advise shareholders and companies on disputes involving matters such as:
The first place to start will often be the company’s articles of association and any shareholders’ agreement, alongside the relevant company records and correspondence.
The legal position is important, but so is the commercial reality. In many shareholder disputes, the objective is not simply to establish who is right. It may be to agree an exit, facilitate a share purchase, change the way the company is managed or find a way for the parties to continue working together.
Shareholders have a range of potential rights and remedies depending on what has happened.
In serious cases, a shareholder may need advice about whether conduct affecting them amounts to unfair prejudice under section 994 of the Companies Act 2006.
However, court proceedings are not the only potential route.
Before determining what action is appropriate, we can review the company’s constitutional documents, ownership arrangements and the conduct complained about and help you identify the outcome you want to achieve.
→ Speak to us about a shareholder dispute
Disputes between directors can be particularly damaging because they can prevent a company making decisions and affect employees, customers, suppliers and shareholders.
Problems can arise over:
Director disputes can also overlap with shareholder disputes where the same individuals both manage and own the business.
That can make the legal position more complicated. A person’s rights and responsibilities as a director are not necessarily the same as their rights as a shareholder.
Taking advice early can help establish those different positions and identify whether the dispute can be resolved before it begins to affect the wider business.
That depends on the company’s ownership, articles of association, any shareholders’ agreement and the nature of the decision being disputed.
A 50/50 company can face particular difficulties where two owner-directors no longer agree because neither side may have sufficient control to resolve the deadlock alone.
Potential solutions will depend on the circumstances, but the commercial objective might include:
We can help identify the legal options and negotiate towards a commercially workable outcome.
A disagreement between business partners can put the future of the entire business at risk.
Partnership disputes can arise over:
We can review the partnership agreement and circumstances of the dispute to help determine each party’s legal position and the options available.
Where there is no written partnership agreement, the legal position can become particularly important and statutory partnership rules may apply.
Not necessarily.
The answer will depend on the structure of the business, the partnership agreement where one exists, and the circumstances.
Trying to remove a partner without first establishing whether there is a legal right to do so can create further problems.
If the relationship has broken down, we can help you assess whether the better solution is continued partnership under revised arrangements, a negotiated exit, purchase of an interest, dissolution or another form of settlement.
Business disputes do not always involve the owners of the same business.
We also advise on disagreements between businesses concerning:
Where the central issue is whether an agreement has been breached, our dedicated Contract Dispute Solicitors page provides more information about bringing or defending a contractual claim.
Yes. Court proceedings are not the only way to resolve a commercial dispute.
That is particularly important where the people involved own the same company or business.
A successful resolution may need to do more than determine who is legally right. It may need to establish how people can continue working together or allow somebody to leave the business on agreed terms.
Depending on the circumstances, options can include:
Direct negotiation between solicitors can help identify whether there is sufficient common ground to reach a settlement.
An independent mediator can help the parties explore a mutually acceptable resolution.
This can be particularly useful in shareholder, director and partnership disputes because the parties can explore practical commercial solutions rather than leaving the final outcome entirely to a court.
Sometimes formal proceedings are necessary to protect a business or an individual’s interests.
Where litigation is appropriate, we can advise you on the potential remedies, risks and costs before proceedings are started and support you throughout the process.
Having a legal argument does not automatically mean litigation is the best commercial decision.
We will help you consider:
Our role is to help you find a solution that makes sense commercially as well as legally.
Take advice early, particularly before making significant decisions.
Depending on the dispute, useful documents can include:
Avoid deleting relevant communications or making decisions about removing another shareholder, partner or director before understanding the legal implications.
If proceedings have already been issued or you have received a formal legal notice, tell us about any deadline immediately.
If a disagreement between shareholders, directors or partners is beginning to affect your business, getting advice early can help you understand the legal position before the relationship deteriorates further.
The same applies where your business is involved in a dispute with a customer, supplier or another organisation.
Our dispute resolution solicitors advise businesses and business owners from our offices in Gloucester and Stroud or remotely nationwide.
Tell us what’s happening and what you want to achieve. We’ll help you understand the options available.
To get in touch with our Business Disputes team you can use the contact form on this page, or reach out directly by clicking here. Alternatively, you can call us on 01453 847200.
I have nothing but praise for all of the people I have dealt with over the years. Nothing has been too much trouble and I would have no hesitation in recommending them.P. Browne
A very thorough and professional company. Always found staff to be very approachable, helpful and very clear in their explanations of all options available to me. Would strongly recommend WSP.D. Maton
WSP is the one-stop superstore for all your legal requirements. It is staffed with friendly, professional and expert people who are a pleasure to deal with. As a long term user of the company I always recommend WSP to all of my friends based on my own happy experience.D. Wilkins
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