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Legal Briefing
Using the Companies Act to overcome boardroom deadlock
Practice Area: Corporate Governance
Sector: Business services
Jurisdiction: England & Wales
Published: 08 November 2011
Law Firm: Shoosmiths
Overview
The recent decision in Smith v Butler & another (2011) is a reminder of some solutions the Companies Act 2006 offers for resolving boardroom disputes. This case highlights the way directors or shareholders can make use of s.306 to obtain a court order to convene a general meeting in circumstances where it has become impractical to conduct meetings in accordance with the articles.
This briefing outlines the full background to the case, how company deadlock was broken by using the Act and whose side the courts may favour in such disputes.
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