We are acting for a founding shareholder in relation to an action against the company and its remaining shareholders in Jersey. The dispute relates to the former shareholder's forced exit from the company.

We represent a founding shareholder of a company in a dispute surrounding their exit from the company and the purported compulsory transfer of their shareholding. The dispute centres around whether the former shareholder's shares were unfairly diluted; whether the former shareholder was correctly defined as a 'bad leaver' under the Shareholder Agreement; and whether the directors used their discretion for an improper purpose in ratifying various decisions (including the classification of the former shareholder as a bad leaver and confiscation of shares as a result).

Key highlights

  • Pre-litigation advice to ensure the client was best placed when proceedings were issued.
  • Managing local Jersey solicitors to ensure accurate information regarding local court procedures when advising the client.
  • Managing complex expert valuation evidence – as a relatively new company the value could not be predicted without sufficient expertise.

Outcome

This case highlights our ability to work out with our jurisdiction. Our client care and solicitor support provided extra value to the client whilst we ensured the relevant Jersey procedural aspects were addressed by Jersey qualified solicitors.

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