Commercial Law
& Dispute Resolution

When you are in business, a disagreement can feel like a threat to the very foundation of your company. It is a distraction that pulls you away from your core operations, and if left unchecked, it can lead to significant financial and reputational damage. 

At Maxwell & Co, we understand these challenges, and we specialise in resolving a wide range of commercial disputes with skill and efficiency. Our goal is to protect your interests and help you get back to what you do best.

Navigating Shareholder Disputes

In any company, shareholders and the business are tied together by a complex web of rights and responsibilities. While this relationship is often harmonious, it is not uncommon for disputes to arise. These conflicts can stem from disagreements about a company’s direction, financial management, or even personal conflicts that spill into the boardroom. They are particularly dangerous because they strike at the heart of corporate governance and can paralyze a company’s decision-making process.

One of the most frequent types of shareholder disputes involves claims that a director has breached their duty. Directors owe a fiduciary duty to the company and its shareholders, meaning they must act in the company’s best interest. If a director’s actions are perceived as self-serving or negligent, a shareholder may bring a claim to hold them accountable. This can involve allegations of misusing company assets, engaging in a conflict of interest, or failing to exercise due care and diligence.

Another common source of conflict is claims regarding share allocation. Disagreements can arise from the initial distribution of shares, the terms of a share purchase agreement, or the dilution of ownership through new share issues. These disputes are often emotionally charged because they directly affect an individual’s stake in the business and their future returns. We have a great deal of experience with these kinds of issues and are committed to helping you find a fair and equitable solution.

Finally, we also see a lot of unfair behavior among shareholders. This can take many forms, from minority shareholders being oppressed by a majority to one party attempting to force another out of the company. These situations are legally complex, often requiring a deep dive into corporate bylaws, shareholder agreements, and company history. Whether you are a shareholder seeking to protect your rights or a company defending against a claim, our team at Maxwell & Co can help you navigate these sensitive matters and find a path forward. Our focus is always on resolving the issue as cost-effectively as possible, allowing you to avoid the expense and public scrutiny of a court case.

Resolving Disputes and Crafting Agreements for Products and Licensing

In today’s commercial landscape, the value of a business is often tied to its intellectual property (IP), and that value is protected through carefully drafted licensing agreements. These agreements outline the terms under which one party can use another’s patents, trademarks, or copyrights. However, even with the best intentions, disagreements about patents and licensing are a very common problem.

For example, a licensor may claim that a licensee is exceeding the scope of the agreement by using their IP in an unauthorized product or geographic market. Conversely, a licensee might argue that the licensor has failed to provide necessary support or has licensed the same technology to a competitor, thereby breaching a non-compete clause. These issues can be incredibly complex, requiring a detailed analysis of the agreement, the IP in question, and the actions of both parties. Our team at Maxwell & Co is well-versed in these issues and will assist you in resolving them in an amicable and fair manner.

We also offer proactive services to help you avoid future disputes. Our legal experts can assist you in drawing up robust licensing agreements that clearly define the rights and obligations of both parties. By anticipating potential areas of conflict and addressing them upfront, we help you establish a solid foundation for your commercial relationships. This forward-thinking approach is a cornerstone of our practice, as we believe that a well-crafted agreement is the best form of dispute resolution.

Addressing Leasing and Intellectual Property Disputes

For many businesses, their physical location is central to their operations. When a leasing dispute arises, it is not just a legal problem; it is a threat to the business itself. Disagreements with a landlord can lead to eviction notices, a forced closure, or a loss of access to essential business premises. These conflicts can be incredibly costly, and we understand that it is essential for leasing disputes to be resolved as quickly as possible. Our priority is to help you minimize disruptions and ensure that your business can continue to operate smoothly.

Finally, intellectual property disputes can be a major issue for many businesses. When intellectual property is involved, it is always important that you and your IP are treated fairly and correctly. If your IP has been misused, we can help you recover any losses incurred.

Our experienced legal team will always try to resolve your matter without taking it to court and will help you navigate the most suitable dispute resolution tool for your particular dispute, including:

• Conciliation: A process where a neutral third party helps the parties reach a voluntary agreement.

• Negotiation: Direct communication between the parties to find a mutually acceptable solution.

• Arbitration: A more formal process where an impartial third party makes a binding decision.

• Mediation: A collaborative process where a mediator assists the parties in reaching a resolution.

• Facilitation: A process where a third party helps a group work toward a shared goal or solution.