Why the client needed our help
our client sought our expertise after being named as a respondent in a pre-action disclosure application, which was being used as a precursor to a formal derivative claim, initiated in the High Court. This situation demanded immediate legal intervention due to its urgent nature and, additionally, the client was embroiled in separate legal proceedings in a European country, which related to a broader group company dispute between the shareholders.
How we helped
Following our engagement, FWJ promptly came onto the Court record to represent the client. We initiated in-depth discussions with both the applicant and other respondents to ascertain the application’s scope and significance. This phase involved a comprehensive review of relevant documents, evaluation of the legal basis for the application, and numerous consultations with the client. Amidst these developments, the Client was removed from their directorial role, and we provided necessary legal advice to address this issue.
The outcome
Our efforts culminated in a court hearing aimed at resolving the pre-action disclosure application. During this hearing, the applicant retracted their application for pre-action disclosure, an outcome we had strongly advocated for. Subsequently, the discussion turned towards the issue of legal costs. We successfully initiated cost proceedings and negotiated a settlement for a substantial amount.
Therefore, our involvement not only led to the dismissal of the pre-action disclosure application but also enabled the recovery of a significant portion of our client’s legal fees, marking a highly favourable conclusion for the client by our shareholder dispute team.
Francis Wilks & Jones were responsive, available at all times to deal with any of my queries and very reassuring. I would definitely recommend them to deal with proceedings brought on behalf of shareholders – they understood our practical needs.
A shareholder we helped bring unfair prejudice proceedings against a fellow shareholder who had been interfering with the management of the company and damaging its value
