Director and Shareholder Disputes

Commercial transactions and agreements dominate the course of business every day and disputes or disagreements are bound to occur. Whatever the complexity or circumstances of the commercial or contractual dispute, our professionals are ready to help you enforce your rights.

Whatever the nature of the dispute, whether shareholder, partnership, breach of contract, misleading and deceptive conduct in a transaction, fraud, misrepresentation or loss caused by negligence, our team is ready to assist.

In other instances your business may be entitled to enforce common law rights such as in the case of fraudulent conduct, misrepresentation, breach of contract or commercial loss from negligence, Barnard is ready to enforce and protect your business interests.

Shareholder or directorship disputes are disagreements between those who own shares in your company. If your business has a Shareholder Agreement drawn up, the procedure for resolving disputes will be clear and known to shareholders. In that case, the dispute may be managed early, hopefully without the need for court proceedings.

In the absence of a Shareholder Agreement, the company’s Constitution may be looked to, which sets out the rules about the internal management of the company. If your company does not have a Constitution, then the Companies Act will provide information about avenues for managing the dispute.

As all company disputes are unique and will require different strategies to resolve, it can be beneficial to seek legal advice early. Our commercial attorneys can provide advice and assistance about managing your shareholder dispute so that you can get back to business quickly and with minimal financial disruption.