Minority Shareholder winding up – just and equitable?

Minority Shareholder winding up – just and equitable?   As a minority shareholder, sometimes the only option that you can see is to try and put an end to the company. Here, we look at what this means and whether it is a suitable option for you.   When should winding up the company be considered as an option?   As a minority shareholder, it is open to you to ask the Court for a winding up order, on the ground that it is “just and…

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Without Prejudice – cutting through the legal jargon

“Without prejudice” is a term we lawyers use, especially when discussing settlement proposals. But what does this really mean, and why is it used? Why is this sometimes accompanied by the words “subject to costs” and “subject to contract”?   What does without prejudice mean?   Without prejudice is defined as: “without detriment to any existing right or claim”.   Therefore, if there is a claim in existence, any correspondence that is said to be without prejudice would be inadmissible in Court and cannot be made…

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Litigation Against Tenants

The rules of litigation against tenants has had a number of changes the last year which have made substantial changes to the ways in which residential and commercial landlords are able to remove a tenant from their property. • Residential proceedings At the end of August 2020, the Government introduced further changes restricting the termination for residential leases under the Coronavirus Act 2020. These restrictions are in place until 31 March 2021. Here are a brief outline in regards to various residential tenancies: •…

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Title: Winding up a company in debt: the death knell for a debtor?

At Tiger Law, w e have successfully wound up companies and , on the other side of the coin, we  have also successfully  blocked  people trying to wind up our clients  and saved them  from aggressive creditors .    We have seen many clients  considering starting insolvency proceedings against a debtor  themselves   or  either threatened with insolvency proceedings .  Whichever side of the proceedings you fall on,  once the winding up process is embarked upon,  it can be a…

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Decision Making within a Company

The decisions made within a Company are either the Directors’ responsibility or fall on the shareholders. Whilst quite often, a shareholder will also be a director (and vice versa), it is important to keep the decisions to be made separate. The shareholders make decisions as owners, and the directors make decisions as the managers of the company. When setting up a company, it is often the case that the initial members (shareholders) and directors are friendly and anticipate no issues with…

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