Shareholder and boardroom disputes, company directors’ liabilities and partnership and LLP claims
Duncan acts in boardroom related disputes, advising on clients’ legal rights and duties. Such disputes and the issues arising can be highly sensitive and disruptive and can threaten the viability of the entire business. He advises on when best to litigate or to engage in mediation, arbitration or roundtable meetings.
Issues arising include breach of fiduciary duty claims by and against directors, unfair prejudice petitions by minority shareholders, misfeasance and fraud, derivative actions, and director disqualification proceedings.
(1) Defending company director
Acting for the company director of a large chain of businesses in the healthcare sector in resisting numerous serious allegations of misconduct in proceedings instigated by the Insolvency Service. Matter resolved by undertakings.
(2) Director misfeasance allegations
Acting for director and shadow director in lengthy investigations arising out of multi-million pound litigation and allegations of misfeasance. All claims against Duncan’s clients were abandoned and investigations withdrawn.
(3) Shareholders representation
Acting for minority shareholders in claims that non-declaration of dividend constituted unfair prejudice [re McCarthy Surfacing Ch.D 2009].