Company and Partnership
Wilberforce Chambers is a popular choice for company law, particularly where cross-border issues are involved (The Legal 500).
Wilberforce has a good reputation for its work across all areas of company law, including financial assistance, shareholder disputes and directors’ duties issues. It has particular expertise on high-value corporate reorganisations and on offshore transactional advice and litigation.
The solid grounding of all our members in equity and trusts provides the framework for a deeper understanding of the issues ensuing from breaches of the fiduciary duties owed to companies, equitable compensation, and the proprietary remedies arising out of wrongful disposals of company assets.
Wilberforce has over many years been involved in some of the most significant company law cases. Some of the more recent cases include:
- DE Shaw Oculus Portfolios LLC v Orient Express Hotels Limited in the High Court in Bermuda – Orient Express Hotels Limited successfully argued that it was lawful under the laws of Bermuda for a publicly-quoted company to be controlled by its own wholly owned subsidiary.
- ABC Company (SPV) v J & Co involving an application by an investor in a split portfolio company which had suspended redemptions of a minority of its portfolios to wind up the company.
- Planck v Tinsel Group and Vitol Holdings (a shareholder dispute proceeding in Rotterdam concerning a significant stake in one of the world’s largest energy traders).
- Apex Global Management Limited v FiCall Limited and Others multi-million pound shareholders’ dispute between the shareholders of FiCall.
- Acting for the liquidator Re ICP Strategies Cayman Islands landmark decision enabling foreign courts to rely on fraudulent trading provisions of the Cayman Companies Law.
Our members offer expert advice and advocacy in relation to a wide range of company law issues.
- Shareholder disputes
- 994 petitions (under Companies Act 2006)
- Derivative actions
- Share and business sale agreements
- Breach of warranty disputes
- Shareholder agreements
- Financial assistance
- Directors’ duties and negligence
- Disqualification of directors
- Restoration of companies to the register
- Corporate insolvency – winding up, administration, CVA, receivership
- Accounting/audit negligence
Instructions come from large, multinational corporations, through to medium sized and small companies and their directors and shareholders. A number of our members have particular experience of company law disputes in other jurisdictions, including most of the principle offshore jurisdictions (see International), Singapore and Hong Kong.