Unfair prejudice mediation

Resolving shareholder disputes through mediation

Unfair prejudice proceedings under Section 994 of the Companies Act 2006 are among the most complex and costly forms of litigation faced by shareholders in SMEs and owner-managed businesses.

They frequently arise from disputes between business partners where trust has broken down and the value of a shareholder’s interest is contested.

Roger Isaacs, a Forensic Chartered Accountant, CEDR-qualified civil and commercial mediator, and Fellow of the Civil Mediation Council, brings a rare combination of expertise to these disputes.

His blend of forensic accountancy, valuation and mediation skills enable parties and their advisers to work towards settlements that are both fair and financially sustainable.

Why choose Roger as mediator in unfair prejudice cases?

There are many reasons why Roger’s expertise is valued in unfair prejudice cases:

• Specialist in SME & owner-managed business valuations – Roger has decades of experience valuing shares in private companies, including those involving diverted assets, quasi-partnerships and minority discount disputes.
• Invaluable tax expertise – Shareholder disputes often hinge not just on valuation but also on tax treatment. Roger’s tax knowledge helps parties explore tax-efficient settlement structures such as share buy-backs, capital treatment of payments and alternative exit routes.
• Understanding of shareholder disputes – Regularly instructed as an expert witness in unfair prejudice matters, Roger provides share valuation evidence that is both commercially realistic and compliant with court requirements.
• Mediation expertise – With over 25 years’ experience in mediation, Roger offers a neutral, confidential environment in which parties can resolve disputes and avoid the uncertainty and cost of trial.
• Trusted by solicitors and barristers nationwide – Roger is frequently instructed in shareholder disputes, providing expert input that assists legal teams in securing favourable outcomes for their clients.

Roger’s approach to mediation

Roger has an effective approach to mediation in cases involving shareholder disputes related to unfair prejudice:

• Engagement with expert accountancy advisers – Roger is able to engage on an accountant-to-accountant basis with advisers appointed by the parties, testing valuation opinions and clarifying key issues such as diverted assets and tax implications.
• Neutral facilitation – He maintains strict impartiality, guiding parties towards practical and fair outcomes that reflect both the legal framework and the commercial realities of SMEs.
• Commercial valuations – His experience in valuing businesses allows him to apply robust reality testing to each party’s position on share value.
• Encouraging settlement – Courts increasingly encourage mediation to avoid drawn-out litigation. Roger’s approach aligns with this, focusing on opportunities for early commercial resolution.

For a confidential discussion about mediation in an unfair prejudice dispute, please get in touch.