Michael was instructed at an early stage for two Respondents in an unfair prejudice Petition issued in the High Court. The case was extremely complex as it involved three Petitioners who were variously directors and shareholders, along with the Respondents, of six separate limited companies which operated as nurseries and a seventh limited company which owned a multi-million pound property portfolio. The Petitioners and Respondents were also family members which added an additional element of difficulty to the case and the dispute between them.
The allegations in the Petition were very serious and included that one of the Respondents had diverted substantial sums from the businesses to himself and had set up a range of new nurseries in competition with the existing companies. The Respondents were also accused of withdrawing over £100,000.00 from the companies following service of the Petition and of transferring company assets to the new businesses. In their response to the Petition, which Michael drafted, the Respondents denied all of the allegations and themselves alleged that the Petitioners had unfairly prejudiced the businesses, and themselves as shareholders, by unlawfully operating a food business from one of the nursery premises, diverting money to themselves for personal projects and paying staff of the food business from the income of the nurseries. The losses caused by the Petitioners’ alleged wrongdoing, which was denied, were in excess of £1,000,000.00.
Prior to a five day trial due to commence in February 2026 the parties agreed to a one day mediation at which the Respondents were represented by Michael and his instructing Solicitor, Amir Choudhary of Wilson Browne Solicitors. During the course of the mediation Michael was available throughout for his clients to provide instant advice on the case, the merits of both parties’ positions as they evolved during the day and the advantages and disadvantages of the various settlement offers which were formulated by the parties. Due to the number of businesses, the value of the claims and the properties involved the settlement discussions were detailed and complex with multiple proposals being advanced alternatively at the same time throughout the day.
The mediation was a success and the Respondents were pleased to settle the claim on terms which allowed them to obtain a majority of the businesses, half of the property portfolio and to continue operating their new businesses. The mediation was also beneficial as it allowed the parties to reach an agreed conclusion so as to avoid the stress, time and expense of a lengthy High Court trial.
Michael is an expert in business disputes and commercial litigation of all kinds regardless of value or complexity. If you would like to instruct Michael for advice, pleadings, representation or anything else then please contact his Clerks at civil@cornwallstreet.co.uk.