Company & Partnership

“Chambers have a very strong corporate capability and are my go to set for corporate law issues; contentious and non-contentious. Aligned to this is a strong capability on insolvency related issues.”Legal 500, 2024

New Square Chambers is a leading set for company & partnership law, with expertise at all levels of seniority across contentious and non-contentious matters, both domestic and international.

Members are consistently recommended by the legal directories. Chambers is the home of Hollington on Shareholders’ Rights, the leading practitioner text in this area.

Our barristers combine in-depth knowledge of the law and technical proficiency with commercial acumen. They are able to formulate incisive strategies in both litigious and transactional matters. Members of the team pride themselves on their advocacy skills.

Company & partnership expertise

Members of Chambers have been involved in many significant cases, including O’Neill v Phillips and Re Neath Rugby Ltd. In recent years, members have been involved in cases concerning reflective loss (Sevilleja v Marex Financial Ltd), the contractual duty of good faith in the context of an unfair prejudice petition (Compound Photonics Group Ltd, Re), non-contractual agency in family businesses (Dinglis Management Ltd v Dinglis Properties Ltd ), share valuations and pre-emption rights (Cosmetic Warriors Ltd v Gerrie), and directors duties and rights (Goldtrail Travel Ltd v Aydin, Re Capitol Films Ltd, and Oxford Legal Group Ltd v Sibbasbridge Services).

Our expertise includes:

Shareholder disputes
Boardroom disputed
Directors’ rights and duties
Partnership and LLP
Non-contentious work

The team’s international and offshore expertise includes the Bahamas, BVI, Bermuda, Cayman Islands, Jersey, Guernsey, CIS, Dubai, Isle of Man, Hong Kong, and Singapore. Our barristers also have recognised expertise in complimentary areas of law such as commercial litigation, insolvency, property and trusts.

As well as appearing as trial counsel and at appeals, our barristers are also experienced in seeking and resisting interim remedies such as freezing orders and injunctions, and dealing with other interlocutory applications, such as security for costs, disclosure and various third party orders. Members are also frequently instructed to appear at various forms of Alternative Dispute Resolution.

In addition, our barristers have significant non-contentious expertise.

The team is known to be practical and user-friendly, whether instructed as individuals or as part of an internal or external team.

The team is supported by a knowledgeable and friendly clerking team.

Shareholder disputes

As the home of Hollington on Shareholders’ Rights, Chambers has a particular focus on shareholder disputes and issues surrounding directors’ duties. We have unrivalled experience in cases concerning shareholders’ rights, including unfair prejudice petitions under section 994 of the Companies Act, just and equitable winding up petitions and derivative actions.

Directors’ rights and duties

We have extensive experience of all aspects of disputes connected with directors’ rights and duties and director disqualification.

Non-contentious work

Our barristers are able to offer specialist advice and drafting services in many areas of non-contentious work, including: reductions of share capital, cross border mergers, schemes of arrangement, share transactions and takeovers, and share schemes.

Boardroom disputes

We have acted for, and in relation to, numerous companies, from family run companies to private equity firms, in cases where a split in the board of a company, for example as to the meaning of the company’s constitutional documents, causes or risks deadlock. We recognise the need for urgent, practical advice in circumstances where any delay could be catastrophic for the company, and when discretion and confidentiality is paramount.

Partnership and LLP

The team are frequently instructed in matters relating to traditional partnerships, limited partnerships and LLPs. James Davies has edited the Encyclopaedia of Professional Partnerships, and our barristers are experienced in dealing with disputes and non-contentious issues that arise in partnerships involving doctors, accountants, solicitors, farmers, surveyors and estate agents.

Charities in relation to company law

Charities favour corporate forms, in particular the limited company and charitable incorporated organisation (‘CIO’), and Chambers’ expertise in both company and charity law enables difficult issues to be resolved in both disputes and transactional work. Members act for a diverse range of charitable corporate entities, and are tackle matters such as restructuring, director and member decision-making, reformulation of objectives, insolvency, and compliance with company and charity legislation. In addition, there is fluency in respect of alternative corporate forms for charities, such as community benefit societies, chartered bodies and statutory creations.

“Barristers at New Square Chambers have excellent strength and depth in chancery matters with a company law offering that covers both contentious and advisory matters.”
Legal 500, 2023