A Practical Guide to Shareholder Disputes in Owner Managed and Family Businesses – Second Edition

‘A Practical Guide to Shareholder Disputes in Owner Managed and Family Businesses’ is a collation of key legal principles and practical advice for those tasked with resolving such disputes or those who are involved in such disputes. The book is based on 25 years of practical experience of resolving shareholders disputes in companies big and small. The focus is on owner managed businesses and the issues that arise in such businesses. It recognises that family businesses are a special type of owner managed business and that the approach taken in resolving internal disputes in such businesses needs to reflect that difference. It looks at the three elements that need to be understood in any dispute, being the law, the commercial context, and the psychology of the people involved, and provides practical advice in this respect. The approach of the book is to give an overview of the key legal principles in plain English, together with extensive case references for those who want to delve deeper into the subject. The second edition brings the case law up to date, adding new cases of interest, including cases that overturned decades of received wisdom about the impact of the Limitation Act on shareholder disputes and shareholders’ right to information. ABOUT THE AUTHOR Ed Weeks is a solicitor and partner in Cripps LLP. He has been resolving shareholder disputes in owner managed businesses for over 25 years and is recognised as an expert in this field. Family businesses are particularly susceptible to such disputes and Ed has gained extensive expertise and insight in how to approach such disputes and the specific issues that arise. Ed is ranked as a leading partner for dispute resolution in the Legal 500 directory and in band 1 for litigation in Chambers Directory. REVIEWS OF THE FIRST EDITION “It is particularly good in its references to reported cases, not just as authorities, but as illustrations of typical disputes and the issues that arise, and of how they can be dealt with by the parties and the court.” – Law Society Gazette CONTENTS Chapter One – Introduction Chapter Two – Corporate Governance – The Documentation Chapter Three – Corporate Governance – Rights and Duties Chapter Four – Gathering the Evidence Chapter Five – Unfair Prejudice (s.994) Chapter Six – Remedies (s.996) Chapter Seven – Winding Up Chapter Eight – Other Causes of Action Under the Companies Act 2006 Chapter Nine – Alternative Dispute Resolution (ADR) and Offers of Settlement Chapter Ten – Advising Majority Shareholders Chapter Eleven – Advising Minority Shareholders Chapter Twelve – Deceased Shareholders and Bankrupt Shareholders Chapter Thirteen – Valuing the Company / Shareholding Chapter Fourteen – The Litigation Process Chapter Fifteen – Case Studies Chapter Sixteen – Conclusions