Business Dispute - Court forms

[st08002231]

I am trying to take my business partner to court to get her removed as a director and force to sell her share. What form do i use?

Its for the following Breaches
· Changing Passwords & preventing access to business accounts
· Transferring large amounts of money into her account
· Diverting funds
· Changing a name of a company asset into her personal name (may have sold assets)
· Employed someone without right documentation


What I need help with ONLY is the below:

1. I need to know the court route
2. What court form I need fill out
3. More information the better

[R0b]

Re: Business Dispute - Court forms

FIrst of all what type of business is it? Is it a limited company or partnership or some other form?

[st08002231]

Re: Business Dispute - Court forms

FIrst of all what type of business is it? Is it a limited company or partnership or some other form?

its a limited company

[R0b]

Re: Business Dispute - Court forms

Is there any reason why you have not taken steps as a shareholder to remove her as a director?

[st08002231]

Re: Business Dispute - Court forms

Is there any reason why you have not taken steps as a shareholder to remove her as a director?

How would I go about removing her as a director? there is only me and her in this business. Also we are both have equal shares in the business and also directors. So the only option here is court as mediation etc she will not attend.

[R0b]

Re: Business Dispute - Court forms

Well if you have equal shares and only the two of you are directors that may be difficult. Presumably from what you have said, she is potentially in breach of her duties as a director and if found guilty, the court could make an order to remove her as a director and/or disqualify her also.

If yu haven't done so already you will need to send a letter before action which outlines her breaches as a director, and you would ask her to return the assets and money she has transferred and resign as a director. If she refuses then you will need to bring a claim on behalf of the company and not you personally, so it will be the company as the claimant in the case.

The claim itself is called a derivative action and there is a set procedure for doing so. A good explanation of this can be found through this link https://slaughterandmay.com/media/39...ve_actions.pdf

The form you will require is the N1 form but it is quite a lengthy process and is not a straight foward claim, you need to follow the correct steps and Iwould suggest you read the link above and seek proper legal advice because if you get it wrong, you could be wasting money.