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Private Equity Disputes

Our Finance and Banking Disputes team has considerable experience advising clients in the private equity sector.

We are experienced in all forms of dispute resolution and seek to work with clients, in-house counsel and corporate colleagues to avoid or resolve contentious issues at an early stage. Similarly, we act for founders, investors, shareholders, company directors and all other stakeholders in companies and fund structures. Our dispute resolution experience can provide a useful perspective for clients in the private equity sector, particularly for founders/target companies in relation to distressed acquisitions, acquisitions in new sectors or particularly complex transactions.

In addition, we have considerable expertise advising on regulatory issues, including on investments into PRA and FCA regulated firms and in the context of warranty claims.

We have assisted clients in relation to investments in the following sectors: real estate, infrastructure, fine art and antiques, luxury brands, retail, TMT, oil & gas, hospitality, sports, tech, shipping, automotive, film finance and food & drink.

Work highlights

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Terra Firma v Citigroup

Acting for leading private equity house in high profile and long running multi-billion pound claim against Citigroup following its acquisition of EMI.

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Strategic Value Master Fund Limited v Ideal Standard International Acquisition SARL & Others

Advising and acting for Bain Capital in various disputes arising from its US$3 billion acquisition of Ideal Standard including disputes with private equity houses as minority equity holders.

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Barthelemy Holdings LLC v Duet Group Limited [2019] EWHC 2492

Acting in a substantial breach of warranty claim between private equity investors in a luxury hotel development.

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Arle Capital Partners v Candover Investments Plc

Acting in a dispute relating to substantial fees and management services, arising out of the break-up of Candover.

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Disputes between General Partners

Advising on proceedings between general partners of funds, for example in relation to termination provisions, profit distribution and carry from funds.

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Exit timetables

Ensuring compliance with exit provisions and timetables.

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Crisis Management

Advising in relation to Default provisions and crisis management.

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Investigations

Advising on investigations of distressed situations, both before and after investment.

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Directors Duties and Obligations

Advising directors of companies in respect of their statutory duties under the Companies Act and the obligations they may owe to shareholders under shareholders agreements.

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Breach of Warranty

We have acted on a significant number of matters relating to breach of warranties, for purchasers, sellers and guarantors.

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Shareholder Disputes

Advising on shareholder disputes, especially in relation to the provisions of shareholders agreements and pursuant to s.994 of the Companies Act (unfair prejudice petitions).