Companies and Partnerships
Enyo Law has significant expertise in relation to all types of shareholder, boardroom and partnership dispute. This forms a significant part of our practice and we specialise in resolving complex and high value cross border claims arising from a broad range of industry sectors.
The team at Enyo Law regularly act for shareholders, directors or partners involved in disputes arising in this arena. We provide focused, strategic and practical commercial advice which clients can rely on given our long and proven track record.
The most common types of legal issue we deal with include:
- Shareholder disputes: unfair prejudice/oppression; joint venture issues; shareholder/corporate governance agreements; managing shareholder activism; takeover bids; derivative claims; conspiracy.
- Director disputes: directors’ duties under the Companies Act 2006; derivative claims; misrepresentation in relation to the offerings of securities; claims under the Financial Services and Markets Act 2000; regulatory enquiries and investigations; claims against directors under the Insolvency Act 1986; advising on directors and officers liability insurance.
- Partnership disputes: joint venture issues; enforceability/breach of restrictive covenants; misuse of confidential information; injunctive relief; breach of duty; division of partnership assets; wrongful termination of membership of LLP’s; conspiracy; dissolution; misrepresentation.
Our client base is diverse and includes private equity funds, minority and majority shareholders, board members, public/private corporations and high net worth individuals.
Recent examples of our work
- Acting for a leading private equity firm in connection with potential issues arising in relation to a £3bn acquisition, including breach of contract claims relating to payment of performance fees in excess of £200m.
- Acting for the former directors of Liverpool Football Club in relation to the contested sale of the club to the Fenway Sports Group in October 2010. This substantial and high profile dispute raised issues as to the tort of unlawful means conspiracy, breach of fiduciary duty and the duties on directors of group companies with potentially conflicting interests.
- Rubicon Fund Management LLP and ors -v- Timothy Attias and ors. We acted on a US$100m+ claim for the Claimant on a partnership dispute involving breach of covenants, fraud allegations, misuse of confidential information and conspiracy claims.
- Berezovsky v The Interim Administrators of the Estate of Arkadi Patarkatsishvili & others (Chancery Division). We were instructed to act in a number of separate actions exceeding US$1bn concerning a dispute in relation to the existence and extent of a joint venture / oral partnership agreement between two Russian oligarchs. The primary legal issues were breach of trust, breach of fiduciary duty, fraud, asset valuation, asset tracing and privilege. We also dealt with jurisdiction disputes, large scale disclosure, freezing orders and search and seizure orders.
- Shyamali Mukerjee & another v Aditya Sen & another  EWHC 1997,  EWCA 1895,  EWHC 1678 – successfully acting in a partnership dispute involving a valuable portfolio of properties in London. The proceedings have involved obtaining an interim payment, successfully resisting a challenge in the Court of Appeal and, after a 10-day trial in the High Court (Chancery Division), succeeding in respect of (a) the underlying arrangements governing the holding of the properties and (b) resisting numerous counterclaims. In light of findings of dishonesty against the managing partner, the Claimants are now seeking the appointment of a receiver by way of equitable execution.
- Advising on a complex shareholder dispute between German and Indian shareholders over IP rights to a wind energy business in India (Enercon & Wobben Properties v. Enercon (India)  EWHC 335,  EWHC 3967 (Comm),  EWHC 3711 (Comm),  EWHC 689 (Comm)).