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SRI CARMICHAEL

Call: 2012   

+44 (0)207 306 0102scarmichael@wilberforce.co.uk

Company

Sri frequently acts in unfair prejudice petitions, claims for breaches of shareholders’ agreements and claims against directors. She also advises on technical aspects of company law concerning corporate governance, including meetings and resolutions, and has experience of joint venture disputes.

Sri has successfully acted as sole counsel in lengthy unfair prejudice and breach of duty trials involving allegations of fraud and dishonesty.

Sri also acts for the Secretary of State and advises directors in respect of proceedings under the Company Directors Disqualification Act 1986, including applications for permission to continue to act where a director has been disqualified or given an undertaking.

Recent work includes:

  • Advising minority shareholders in respect of two related unfair prejudice petitions concerning global mining companies.
  • Harry v Harry & Salisbury Autistic Care Limited: Succeeded in the liability trial of an unfair prejudice petition in the Companies Court between two brothers concerning the fraudulent diversion of a multi-million pound care home business.
  • MDS Accident Repair Centre Limited (in liquidation) v Dudey & Ors: Acting for the claimant in an eight-day trial of a breach of duty/knowing receipt claim in which it was alleged that the company’s de facto directors had diverted the company’s funds to their own corporate entities. Sri undertook multiple days of cross-examination on allegations of fraud and dishonesty which led to a favourable settlement for the claimant on the penultimate day of trial.
  • Enterprise Insurance Company plc (in liquidation) v EHL Realisations Limited & Ors: Acting as part of the counsel team instructed by the claimant on this complex £50m fraudulent breach of duty claim in the Supreme Court of Gibraltar arising out of the much publicised collapse of one of Gibraltar’s largest insurers. Focused on the financial assistance element of the claim.
  • Acting for a US-based shareholder of a technology company operating from the Ukraine in a multi-million pound dispute for breach of the shareholders’ agreement. Settled following service of draft proceedings on the other side.
  • Acting for a minority shareholder in a dispute over the operation of an eyewear company which involved misappropriation of company assets and a threatened rights issue to dilute the client’s shareholding. Settled after draft petition served on the other side.
  • Acting for a director and shareholder in a dispute over ownership of the company and rectification of the register of members. The claim involves analysis of alleged share transactions stretching back several years and a claim for proprietary estoppel.