Court Orders

No matter the specifics of the dispute, we can handle every form of court order. 

Should a shareholder dispute go to court, you need to know what you’re facing and how these cases typically work to ensure you can protect your commercial interests.

As a shareholder, it is important to know that any complaint alleging that a minority shareholder has been 'unfairly prejudiced' is classed as a law suit against the other shareholders in their personal capacity. In actual fact, it is not a claim brought against the company itself, and you should be aware of this when deciding to become a shareholder.

The Companies Act 2006 states that where ‘unfair prejudice' can be established, the court “may make such order as it thinks fit”, meaning the court has very wide powers to make almost any order.

However, in the majority of cases the court will issue an order which states that one or more of the shareholders should purchase the shareholding of the other shareholder(s). These are commonly known as ‘buy out’ orders.

Typically, the court will order the majority shareholders must purchase the shareholding of the minority shareholder(s) at a ‘fair value’.

We understand what matters when it comes to these court orders, and can advise you on how to proceed in order to protect your interests.