1. Product & Service Contracts:
My work includes drafting legal documents and/or stress testing existing contracts you already have in place. Obviously a well drafted contract can significantly reduce the risk of litigation by preventing problems from arising in the first place. But often that is not the reality, and I can help at any level where a dispute does arise. This can include negotiating settlements, brainstorming how to avoid problems spreading further and, where necessary, representation in courts and tribunals.
2. Shareholder Agreements
A shareholder agreement is an extremely important document. Getting it wrong is often costly where a dispute arises in later years. A good shareholder agreement should be bespoke to the individual arrangement. Companies should be extremely cautious of using templates. This is particularly so where there is a desire to protect the interests of minority shareholders. Instructing a barrister access barrister to draft a shareholder agreement can save you a considerable amount of money. I have experience of drafting shareholder agreements and offer this service on a fixed fee or hourly rate.
3. Employment Law
I draft contracts and documents such as employee handbooks and disciplinary and grievance procedures with a view to preventing disputes from arising. I am an expert at representing companies in Employment Tribunals across the country, as well as at the Employment Appeal Tribunal in London. I offer advice to employers when faced with disputes which might end up in the tribunal, and full representation in all cases which proceed to a hearing.
If disputes do arise, I offer advice and analysis to identify the swiftest and cost effective outcome possible. When a case does go to court, I offer expert representation at all stages of litigation. As a direct access barrister, I have rights of audience in all the courts and tribunals in the country, up to and including the Supreme Court.
1. Dismissing a Director
A director is essentially an employee. So, the normal rules of employment law apply. To avoid a tribunal claim you need to ensure the dismissal is carried out fairly. You will also need to know how much notice a director is entitled to. A director will normally have a written employment contract or a service agreement. If they do not, the statutory notice provisions apply. Statutory notice varies according to length of service. The longest notice period permitted under statute is three months. However, simply terminating a director’s employment will not remove the director from the company. To do this, a resolution is usually required. I have experience instructed as a direct access barrister to deal with director disputes, including in High Court litigation.
For advice, please contact me to arrange a conference.
2. Resolving Deadlock
Deadlock arises where the directors and shareholder’s vote are equally split. This can often cause bitter disputes which can be difficult to resolve. Having a barrister on broad at an early stage can assist in resolving the deadlock by negotiation or otherwise by taking the matter to court and asking the court to order a sale of shares.
For advice, please contact meto arrange a conference.
Direct access barristers are increasing being instructed to deal with shareholder disputes. Shareholder disputes are often referred to as a “corporate divorce”. Various tricky issues arise and it is important to get on top of things quickly to prevent damage being done to the business. There are a range of options for resolving shareholder disputes. For advice, please contact me to arrange a conference.
I offer the following services on a "direct public access" basis:
If you have a ‘deadlock situation or wish to remove a director, as a direct access barrister, I can help you.
Authorised and regulated by the Bar Council and Bar Standards Board
Tim Welch, Barrister
Contact ME 07886 863999