Mitchells & Butlers (”M&B”) owner of pub chain All Bar One has been airing its dirty linen in public. Rebel shareholders at the company have seen their representatives kicked off the board in what has all the hallmarks of a classic boardroom dispute.
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Boardroom disputes and shareholders disputes always have the potential to seriously damage the company in question. One particular problem, particularly in the current financial climate, is that banks may use a dispute as a reason to terminate or curtail a companies banking facilities. The problems can be even worse for listed companies.
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Once upon a time, when there was no such thing as personal computers, directors communicated mostly by talking to each other. Occasionally they sent memos but more often than not these were consigned to the bin after reading. The advent of email has changed the way directors communicate and this has changed the landscape for boardroom disputes and shareholder disputes.
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There is no such thing as a typical boardroom dispute or shareholders dispute. However there are certain common causes that are at the bottom of most disputes in the boardroom whether in brand name companies (Easyjet for example) or husband and wife businesses.
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Barclays bucked the trend amongst the under-capitalised banks when it decided to turn its back on government handouts and go its own way in obtaining capital. It looked like a bold move but now looks like a bad one and threatens to be the cause of a major shareholders dispute.
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