Recommend a divorce solicitor, London?

Recommend a divorce solicitor, London?

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Discussion

V8forweekends

2,481 posts

125 months

Wednesday 27th August 2014
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Harry Flashman said:
So no sensible recommendations? I would have though PH a fertile hunting ground for divorce solicitor recommendations, given the amount of pain I see in this Lounge of ours.

EricMc - with you. Seen it before myself.

I'm divorced, so is my best mate (who I helped a bit with his). That's 4 sets of divorce lawyers and not one of them that I'd recommend.

My (now ex) wife hilariously appointed Lady Di's divorce lawyers. Their histrionic (and presumably expensive) letters were full of spelling and grammar howlers. They made basic mathematical errors. They demanded a Ray Parlour style percentage of all my future earnings, but were told by a judge in the presence of my and her very expensive Barrister they had no chance.

We both reached a settlement we were unhappy with (no kids). When we sold the former marital home a different set of laywers paid all of the proceeds to me in spite of explicit instructions to the contrary and when I queried it, told me off and that I must be wrong.

I have a number of other stories - but a good piece of advice (aside from that from Breadvan) was in a book about divorce I read which was basically not to expect miracles from your divorce lawyer.

rlw

3,338 posts

238 months

Wednesday 27th August 2014
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Clare Kirby
Kirby & Co
www.kirbyandco.co.uk

would be a good place to start

Martin4x4

6,506 posts

133 months

Wednesday 27th August 2014
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Does he hold a majority of shares? If so he can voluntary wind up the company by going through a few simple steps. If the shares are split 50/50 then deadlock is also legitimate gounds for winding up a company.

Since she wants to avoid this and he doesn't want to give away his end game he should try for a resolution to give him a golden share. She will object and that will be the deadlock he needs.

In both cases it is still best to get specialist advice from Professionally qualified Company Secretary not an accountant. https://www.icsa.org.uk



Edited by Martin4x4 on Thursday 28th August 00:13

TooMany2cvs

29,008 posts

127 months

Wednesday 27th August 2014
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Simple questions...

What %age of shares does she hold?
What value has been placed on the business by a business sale/transfer agent?

Multiply the two figures together, negotiate from there. Surely?

ruff'n'smov

1,092 posts

150 months

Wednesday 27th August 2014
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Breadvan72 said:
I cannot honestly recommend any divorce lawyer. It is not my field, I am happy to say. Divorce lawyers are regarded by lawyers in other fields as being mostly useless and sharkish, and what little I know of them indicates that this view is well founded. The brightest and best lawyers do not go into family law, even though is a good way to make a big living. Compare and contrast medicine, where the best and brightest doctors do not go into infertility treatment, cosmetic medicine and such like, but the money chasers do.
Wow don't sit on the fence will you BV......I can recommend Tony the builder, he can lay a cracking patio after your pal has filled in the foundations...;)

Silent1

19,761 posts

236 months

Wednesday 27th August 2014
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Breadvan72 said:
I cannot honestly recommend any divorce lawyer. It is not my field, I am happy to say. Divorce lawyers are regarded by lawyers in other fields as being mostly useless and sharkish, and what little I know of them indicates that this view is well founded. The brightest and best lawyers do not go into family law, even though is a good way to make a big living. Compare and contrast medicine, where the best and brightest doctors do not go into infertility treatment, cosmetic medicine and such like, but the money chasers do.
too fking true.

unimatrix1066

94 posts

191 months

Thursday 28th August 2014
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If I where him I would set another company up and take his clients over to it.
So if the worst happens he is already able to carry on business if hands the old company over.
It's very easy to set a company up

anonymous-user

55 months

Thursday 28th August 2014
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That would be a breach of fiduciary duty owed to the company, and taking that step would expose the bloke to a claim by the liquidator of the company if it goes bust, and/or a to claim by the other shareholder alleging unfairly prejudicial conduct.

If you run business through a limited company, the business belongs to the company, not to you, even if you control the company. People can come big croppers (and even be imprisoned in some cases) for failing to recognise the distinction between corporate assets and personal assets.

Harry Flashman

Original Poster:

19,384 posts

243 months

Thursday 28th August 2014
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Breadvan72 said:
That would be a breach of fiduciary duty owed to the company, and taking that step would expose the bloke to a claim by the liquidator of the company if it goes bust, and/or a to claim by the other shareholder alleging unfairly prejudicial conduct.

If you run business through a limited company, the business belongs to the company, not to you, even if you control the company. People can come big croppers (and even be imprisoned in some cases) for failing to recognise the distinction between corporate assets and personal assets.
This. I may not be a divorce lawyer, but I am a corporate lawyer, and I advised him against such a course of action.

The moment he leaves the enterprise, it will collapse. His clients will follow him as she cannot meet their needs. Best case scenario: she gets the company, imposes a non-solicitation of business clause (as I had, when I moved job recently). The reality is she has to then enforce it against him, which requires knowledge, funds, money etc. They are notoriously hard to enforce.

Legally, he should play it safe. Practically, he should get the hell out of Dodge and start over, free of her; but he needs to do this after she has accepted the company as sole shareholder and director. To do it beforehand is simply to invite Breadvan's scenario. I am sure her advisor has told her this, hence her holding out for a payoff.

I think we just call in an airstrike on the troublesome wench.