About Us

Myerson are a leading commercial firm, which is renowned for its work in resolving shareholder disputes. Our commercial litigation team is ranked as “Top Tier” by the Legal 500 who describe us as ‘dynamic, positive, forward-thinking, effective and tenacious’, ‘very client-friendly’ and who give ‘sound and sensible legal advice’  . The Legal 500 highlight the department for its work in shareholder disputes. The litigation team contains 15 solicitors and is headed by Adam Maher whom the Legal 500 rate as a “Leading individual” and ‘first-class litigator’ with ‘razor-sharp commercial judgement, tenacity and excellent communication skills’; who ‘quickly identifies the core issues’ and is ‘extremely robust under pressure.

The litigation experts at Myerson are happy to discuss your situation in a no-obligation telephone call to assess your claim, give a preliminary advice and suggest a way forward. We can also suggest innovative funding solutions where available to assist with the costs of the litigation.

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How We Can Help

Disputes arising between shareholders can be dealt with in a variety of ways, depending on the nature of the dispute and the relationship between the parties involved. Commonly a resolution will involve one of the parties being bought out by the other shareholders (who will continue with the business) but a variety of options may be available, such as those set out below.

Contentious options

It may be necessary to engage in litigation to achieve the best outcome.  Potential actions can include:

  • Unfair prejudice, if the company’s affairs are conducted in a manner that is unfairly prejudicial to the interest of all or some of the members of the company. Typically this will result in the shareholder that has suffered the unfair prejudice being bought out by the other shareholders, although the court has wide discretion as to the awards it can make;
  • Derivative action, if wrong has been committed against the company but the directors are unable or unwilling to pursue it themselves (e.g. because they are the perpetrators, through breach of trust or director’s duties);
  • Just and equitable winding up of the company;
  • Actions against directors for breach of duties.

Our dispute resolution and corporate commercial departments work hand in hand as in a majority of cases litigation leads to a negotiated settlement of sorts, via mediation or during the course of litigation.

Disputes between owners of businesses can also take the forms of boardroom or partnership disputes.

Negotiated solution

If a negotiated solution can be reached then this can give flexibility to the parties to structure the transaction to suit them. Potential structures can include:

  • Straightforward buyout by the continuing shareholders, with flexibility as to timing of payment (e.g. deferred payments if the consideration is not readily available);
  • Purchase of own shares by the company (out of the company’s own distributable profits before they are distributed to shareholders);
  • Purchase by a new holding company (and a share for share exchange of the existing shareholders);
  • Demerger, the business of the company is split up and transferred into the names of different shareholders, so that each takes ownership and control of a different element of the business.

The added flexibility of a negotiated agreement can allow the parties to structure the transaction tax efficiently.

 

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Our Service

Where a dispute arises between the individuals involved in owner managed businesses the impact on the individuals concerned and on the business itself can be immense. Whether the dispute stems from disagreements over control and management of the company or from money being unfairly paid out or distributed, we have a wealth of experience that can help the individuals involved to resolve the dispute.

Our approach

We recognise that every shareholder dispute is different and while in some cases the best or only way to achieve a satisfactory resolution will be through litigation in the courts, in other cases a better outcome can be achieved by agreement between the shareholders and restructuring the ownership arrangements. We have a team of lawyers from across our contentious and non-contentious departments who work together to ensure that the approach to the dispute is the best for each client.

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Our Promise & Core Values

Our Promise

The Myerson Promise - Our Partners, team of lawyers and support staff commit to giving our clients more.

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To always give you clear, jargon-free advice.
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To be completely transparent about our fees from the outset.
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Progress every matter in an efficient and timely matter.

Our Core Values

Our core values are at the centre of everything we do.

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We are always professional but ensure that we are friendly and approachable.
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We are determined and enthusiastic about supporting our clients and our people.
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We willingly take responsibility and can be relied on to be commercial, effective and efficient.

Areas We Cover

Section 994/minority shareholder petition

Minority shareholders can often have less power over the management of the company. This can lead to disputes between shareholders particularly where their relationship breaks down. Find out more.

Derivative Action

Shareholders may bring a derivative action when a wrong has been committed against the company but the directors are unable or unwilling to pursue it themselves. Find out more.

Just and Equitable Winding Up

Shareholders can petition for the winding up of a company on the grounds that it would be just and equitable to do so. Find out more.

Warranty Claim after Share or Business Sale

A warranty is a contractual statement. A breach of warranty can give rise to a claim for damages. Find out more.

Boardroom or Partnership Disputes

Disputes can arise between the directors of a company for many reasons. For example, the directors may disagree over the direction the company should be going in, there could be problems with the performance of one of the directors or removing a director from the board. Find out more.

Company Restorations

Companies can be dissolved or struck off the Companies Register for various reasons. When this happens it means they no longer exist in a legal capacity. Find out more.

Breach of Fiduciary / Director Duties

Directors are in a position of responsibility and trust and must carry out the company’s business having regard to the best interests of the company and the shareholders. Find out more

The Legal 500

Our commercial litigation department is ranked "Top-Tier" by the Legal 500. 

"The ‘dynamic, positive, forward-thinking, effective and tenacious’ team at Myerson Solicitors LLP gives ‘sound and sensible legal advice’ and is ‘very client-friendly’. It handles general commercial litigation including shareholder disputes and professional negligence, in addition to contentious trusts and probate, IP, banking and property litigation and commercial agency matters."

Meet Our Specialists

Home-grown or recruited from national, regional or City firms. Our specialists are experts in their fields and respected by their peers.

Adam Maher

Adam Maher

Adam is a Partner and is Head of our Commercial Litigation department

Philip Ball

Philip Ball

Philip is a Senior Solicitor in our Corporate Commercial department

Tim Norman

Tim Norman

Tim is a Senior Partner in our Commercial Litigation department

Suzanne Carr

Suzanne Carr

Suzanne is a Senior Solicitor in Myerson’s Dispute Resolution team

Contact Us

Book your consultation using the below enquiry form, alternatively, you can call us on

0161-941-4000