Derivative Claim Solicitors

By entrusting us with your derivative claim, you can be confident that your case is in capable hands. We are committed to achieving the best possible outcome for you and ensuring that your rights as a shareholder are protected.

Learn more about derivative claims in our complete legal guide.


How We Can Help

Derivative claims involve complex legal principles and procedures. Seeking legal advice is crucial to ensure that your rights as a shareholder are protected and that your claim is pursued effectively.

We will help you with:

  • An Initial Assessment of Claim’s Viability: We conduct a thorough assessment of your claim to determine its viability and likelihood of success.
  • Preparation of Legal Documents and Evidence: We assist you in preparing all necessary legal documents and gathering evidence to support your claim.
  • Representation in Court Proceedings: We represent you in court proceedings, advocating on your behalf and presenting your case effectively to the court.

When We Can Help

We can help with the following scenarios and more:

  • Breach of Fiduciary Duty: Allegations that company officers or directors have breached their fiduciary duties by, for example, misusing corporate assets, self-dealing, or failing to act in the best interests of the company.
  • Corporate Waste: Allegations that company funds or assets have been wasted due to excessive executive compensation, unnecessary expenditures, or other mismanagement.
  • Fraudulent Activities: Allegations that the company or its officers engaged in fraudulent activities, such as accounting fraud, securities fraud, or other forms of financial misconduct.
  • Conflicts of Interest: Allegations that company insiders have engaged in transactions that present conflicts of interest, such as entering into contracts with the company on favourable terms for themselves.

Start Your Derivative Claim With Us

Bringing a derivative claim can be complex, but with our legal team, the process is streamlined to ensure your interests are protected. To qualify for a derivative claim, certain criteria must be met:

  • Criteria for bringing a derivative claim: We assess whether your case meets the legal criteria necessary to bring a derivative claim, ensuring that your claim has a strong legal foundation.
  • Shareholder status requirement: As a shareholder of the company, you have the right to bring a derivative claim on behalf of the company if certain conditions are met.
  • Company’s refusal to act: If the company has refused to take action against wrongdoing, you may have grounds for a derivative claim.
  • Prima facie evidence of wrongdoing: We help gather evidence to establish a prima facie case of wrongdoing, laying the groundwork for a successful derivative claim.

Pricing

We offer transparent options for various funding options, including hourly rates, fixed fees, and payment plans. Additionally, we can explore conditional fee agreements (CFAs), where fees are contingent upon case success, as well as third-party litigation funding, where a third-party funder covers some or all case costs in exchange for a share of any financial recovery.


Why Choose Us

Benefit from the expertise and experience of our seasoned legal team. We prioritise your needs with a client-centric approach, providing personalised attention and dedicated support tailored to your unique situation. Our track record of success is demonstrated through numerous testimonials and success stories from satisfied clients. Trust us to provide you with the highest level of legal representation and support for your legal needs.

Take advantage of:

  • Over a century of combined experience in financial advisor negligence claims.
  • Guidance from highly respected commercial litigation specialists recognised by the Legal 500.
  • Clear and straightforward legal advice, free from confusing jargon.
  • Utilisation of Alternative Dispute Resolution (ADR) methods for efficient and cost-effective resolution.
  • Customised strategies tailored to your business goals for resolving commercial disputes.
  • No-obligation initial consultation to discuss your case in detail.
  • Dedicated support from our solicitors based in Birmingham, London, and Northampton

FAQ

When are derivative claims relevant?

Derivative claims arise when a shareholder brings a lawsuit on behalf of a company to remedy the harm done to the company itself. These claims typically involve allegations of wrongdoing by the company’s officers, directors, or other insiders. Instead of seeking damages for themselves, shareholders bring derivative claims to hold those responsible for harming the company accountable and to recover damages for the company.

What are the benefits of enlisting professional representation?

Professional representation helps you navigate the complexities of derivative claim litigation, reducing the risk of procedural errors that could jeopardise your case. Our expertise ensures that your claim is presented professionally and persuasively, increasing the likelihood of a successful outcome.

What are the possible outcomes of derivative claim cases?

Possible outcomes of derivative claim cases include financial compensation, changes in company policies or practices, and, in some cases, removal of responsible parties from their positions within the company.

What remedies are available in derivative claim cases?

Remedies in derivative claim cases may include monetary damages, injunctive relief, corporate governance reforms, and changes in company management.

What are the implications for companies and shareholders involved in derivative claim cases?

For companies, derivative claim cases can result in financial losses, damage to reputation, and changes in corporate governance. Shareholders may benefit from increased accountability and transparency within the company, as well as potential financial compensation for losses incurred.


Our Awards

APAC Insider
SME News UK Legal Awards 2023 — Witan Solicitors, Best Commercial Disputes Law Team 2023, Midlands
ThreeBest Rated Best Business of 2024 excellence award — Witan Solicitors
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