Initial barrister consultation for shareholder, partnership and family business disputes

Most people in a shareholder, partnership or family business dispute have the same first problem: they do not yet know what their legal position is, what their realistic options are, or whether the cost of pursuing one of them would be worth it. Getting that clarity costs money, and most senior commercial barristers either charge by the hour with no upper cap, or require instruction through a solicitor at significant additional cost. The result is that people in disputes often spend months not knowing where they stand because the cost of finding out feels unmanageable.

This product solves that. A fixed-fee initial legal consultation, delivered directly by a practising barrister with significant experience of these disputes, at a price that makes early advice viable. I review the materials you send me, we meet on Zoom or in person at chambers for an initial consultation, and you leave with a clearer view of your legal rights, your realistic options, and what each of those options is likely to cost.

£1,490 + VAT, fixed fee, no hourly billing. Delivered by Robin Somerville, practising barrister, mediator and fee-paid judge, regulated by the Bar Standards Board. Available via direct access (no solicitor required).

What you get

The fee covers everything from acceptance of the instruction through to the end of the consultation.

• Review of your materials. I read the documents you send me before our call: typically the shareholder or partnership agreement (where one exists), any correspondence between the parties, the company or partnership accounts, and any documents that capture how the dispute has unfolded. Up to 100 pages of material is covered by the fixed fee; significantly larger document bundles trigger a bespoke quote.
• Conflict check. A check that I have no professional conflict involving any of the parties, their advisers or their associated entities. Confirmed in writing within 48 hours of your initial enquiry.
• Client Care Letter and engagement. A full Client Care Letter setting out the basis on which I act, the regulatory framework, and the limits of the engagement. This is sent for your written acceptance before I begin work.
• Initial consultation. Up to two hours on Zoom (or in person at chambers at 330 High Holborn if you prefer). I ask any questions of clarification I need, then provide initial legal advice on your position, your rights, your duties, and your strategic options.
• Strategic advice on next steps. I explain what you can do, in what order, with rough timeframes and rough cost estimates. This includes any options to resolve the dispute without litigation (mediation, negotiated exit, restructuring) as well as the litigation options (unfair prejudice petition, partnership dissolution, derivative claim, etc.).
• A copy of the relevant book for the dispute you are facing: Shareholder Disputes for shareholder matters or Winning in Family Business Disputes for family-owned business matters. Both are practical guides to the legal and commercial framework of these disputes.
• A written follow-up. A brief written summary of the key points discussed and any next steps, sent within five working days of the consultation.
• Optional follow-on instruction. Where you decide to instruct me on further work (drafting correspondence, advising on settlement, representation in proceedings), I will quote for that separately on the same fixed-fee basis where possible. You are under no obligation to instruct me on any further work.

Pricing

£1,490 + VAT. A single fixed fee for the complete initial consultation. Non-refundable once work has begun (in line with standard Bar Council direct access practice).

The fee is settled in cleared funds before I block out time in my diary for the consultation. Settlement of the fee is part of the contractual acceptance of the Client Care Letter and indicates your agreement to its terms, including your right (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) to ask for early supply and to waive the 14-day cooling-off period if you want the work to begin sooner.

Scope and eligibility

This product is deliberately constrained to keep the fee fixed. To qualify, the dispute must meet all of the following:

• One of the three subject areas: a shareholder dispute, a partnership dispute, or a family business dispute. Within each area, the consultation can cover the full range of typical issues (unfair prejudice, derivative claims, just and equitable winding up, partnership dissolution and accounting, family business succession, restrictive covenants in employment with associated shareholder issues, and similar).
• Limited company or partnership with a valuation of under £500,000. For these purposes, valuation means the open market value of the business, not the value of the disputed shareholding or partnership share. Disputes involving entities worth £500,000 or more are quoted bespoke (the additional time required for forensic-accounting-aware advice is significant).
• No more than three shareholders or partners in the entity. Larger ownership structures typically introduce additional dimensions of legal and commercial complexity that take the matter outside the fixed-fee scope.
• No allegations of fraud or dishonesty as central to the dispute. Where fraud is alleged, the matter is more sensitive, evidentially more complex, and may also engage criminal law considerations; these matters require bespoke quoting.
• No insolvency in the picture. Where any of the company, the partnership, or any of the individual shareholders or partners is in (or facing imminent) administration, liquidation, bankruptcy, IVA or similar insolvency process, the matter is outside scope. Insolvency adds an entire additional regulatory regime that cannot be properly covered in a fixed-fee initial consultation.
• UK-incorporated entity with UK-resident parties. International elements (foreign-incorporated entities, parties resident or domiciled abroad, cross-border enforcement issues) take the matter outside scope. Disputes involving an LLP or limited company registered in England, Wales, Scotland or Northern Ireland are in scope; foreign-incorporated entities are not.
• No group structures or listed companies. Disputes involving parent/subsidiary structures, group restructuring, listed-company complexity (AIM or Main Market), regulated entities (FCA-regulated, etc.), or material tax-driven structuring are outside scope.

Where the matter falls outside any of these limits, I am still very likely to be able to help on a bespoke direct access basis. A bespoke initial consultation for matters outside the fixed-fee scope typically costs between £2,500 and £5,000 + VAT depending on complexity and the volume of documentation.

Three subject areas covered

The fixed-fee consultation works across three closely related areas of business dispute.

Shareholder disputes

The most common pattern in small-company shareholder disputes is the falling-out between two or three founders, sometimes with the inclusion of a minority investor whose interests have not been formally protected. Typical issues covered in the consultation include unfair prejudice under section 994 of the Companies Act 2006, derivative claims on behalf of the company, the legal effect (or absence) of a shareholders’ agreement, dividend policy and remuneration disputes, locked-out minority shareholders, drag and tag rights, valuation disputes on exit, and the difference between commercial logic and legal entitlement when the relationship between shareholders has broken down. The leading cases (Ebrahimi v Westbourne Galleries, O’Neill v Phillips, In re Coroin) are applied to your facts. More on shareholder disputes.

Partnership disputes

Partnership disputes (including LLP disputes within the £500,000 valuation cap) typically involve the breakdown of the working relationship between two or three partners, with consequent disputes about ongoing remuneration, capital accounts, expulsion provisions, restrictive covenants, the partnership accounts on dissolution, and the steps required under the Partnership Act 1890 or the LLP Act 2000 to dissolve and account between partners. Typical issues covered in the consultation include the application of the partnership agreement (if any), the implied terms under the relevant Act, the duties of partners to one another, and the practical steps required to dissolve and unwind the partnership cleanly. More on partnership disputes.

Family business disputes

Family business disputes overlap with shareholder and partnership disputes but introduce the additional dimension of family relationships and family expectation. Typical issues covered in the consultation include succession (planned or imposed), the practical and legal mechanics of bringing the next generation into the business, the rights of family members who are shareholders but not actively involved in management, dispute between siblings about dividend policy or strategy, the role of in-laws and spouses, governance gaps that have caused or aggravated the dispute, and how to use mediation, restructuring or formal proceedings to resolve the position. The Whitcombe family case study from my book Winning in Family Business Disputes runs through many of these patterns. More on family business disputes.

What happens after the consultation

The consultation gives you clarity on your position and a clear set of options. From there, you choose what to do next. Common paths include:

• Take the advice and act on it yourself. For some disputes, particularly where the parties can talk to each other, a properly informed shareholder or partner can resolve the matter directly with the benefit of clear legal advice. There is no obligation to engage further.
• Instruct me on further specific work. If you want me to draft a letter before action, advise on a settlement offer, draft a shareholders’ agreement that resolves the position, or represent you in any proceedings or mediation, I will quote for that separately. Where I can give a fixed fee for the further work, I will. Where the work is genuinely open-ended (full litigation, for example), I will quote on a stages basis with caps.
• Instruct a solicitor for full case management. For larger or more contested matters, you will eventually need a solicitor running the case. The consultation puts you in a position to brief a solicitor efficiently, often saving significant cost on the solicitor’s initial scoping work.
• Try mediation. Many shareholder, partnership and family business disputes settle through mediation once both sides have realistic advice on their position. I also act as a commercial mediator in these matters, details here, or can recommend other suitable mediators.

The consultation is structured to give you the clarity and options to choose, not to push you towards any particular path. You are under no obligation to instruct me on any further work.

Why this approach is different

Most senior commercial barristers offer initial consultations on an hourly basis with no upper cap. The buyer takes the cost risk: if the consultation runs longer or the materials take longer to absorb, the cost rises. A fixed fee removes that risk for the buyer and shifts it to the barrister, which is usually only sensible where the barrister has a clear view of the typical case and can confidently scope the work.

Three things make that confident scoping possible here.

First, the subject-matter focus. Shareholder, partnership and family business disputes are a large part of my practice. The patterns are well-established, the underlying law is settled (though always applied to fresh facts), and a senior barrister with substantial experience in this area can give meaningful advice in a structured two-hour consultation supported by document review.

Second, lived commercial experience. Before qualifying as a barrister and mediator, I set up, grew and sold three modest tech start-up businesses of my own. One of those ended in a shareholder dispute. That experience is not strictly necessary for legal advice, but it materially changes the advice: I understand what it feels like to be locked into a company with people you no longer trust, I understand what it costs commercially to take legal action versus settle, and I understand the difference between the legally available remedy and the commercially right move. Most senior commercial barristers do not have that lens.

Third, the supporting infrastructure. I have written Shareholder Disputes and Winning in Family Business Disputes, and a copy of the relevant book is included with the consultation. The book becomes your reference document after the consultation ends, supporting whatever path you decide to take.

What past clients say

“Fabulous result, lifesaver, exceeded our expectations and gave us back our livelihood. We can’t thank him enough.”

Stephen Ball, Direct Access Client

“Exceptional, beyond reproach, best possible outcome, fully recommend, cannot thank him enough.”

Sam and Richard Gilbert, Direct Access Clients

“A barrister with a difference. Highly recommended.”

Alexander Peschkoff

See all client testimonials.

Regulatory and professional information

This work is conducted within my regulated practice as a barrister, through my own chambers, The Chambers of Robin Somerville Limited (“CORS”), 330 High Holborn, London, WC2A 1HL. Both CORS and I are regulated by the Bar Standards Board. My BSB register entry is searchable here. CORS carries professional indemnity insurance to the sum of £10,000,000 with the Bar Mutual Fund (policy number 6345/171). The full Client Care Letter setting out the terms of engagement is sent to you for written acceptance before any work begins.

Frequently asked questions

What is direct access and do I need a solicitor?

Direct access is the regulatory framework under which a barrister can be instructed directly by a client without a solicitor in the middle. It is approved by the Bar Standards Board and works well for discrete advisory work like this consultation. You do not need a solicitor for the consultation itself. If, after the consultation, the dispute requires full case management (typical for larger litigation), a solicitor may become necessary; I will tell you clearly during the consultation if that is the case.

How long does it take to arrange the consultation?

Within 7 to 14 days of my acceptance of the instruction (which is confirmed within 48 hours of your enquiry). For urgent matters (a hearing is imminent, a deadline is approaching, the dispute is escalating fast), the consultation can usually be arranged within 3 to 5 days.

Is the consultation confidential?

Yes. The information you share with me is subject to legal professional privilege and to my professional duty of confidence. The narrow exceptions are statutory and other legal duties (anti-money laundering, terrorist financing) that I am obliged to follow regardless of consent. These are set out in the Client Care Letter.

What if my materials run to more than 100 pages?

Where the document bundle is meaningfully larger (typically more than 100 pages), I review the additional material on a quoted basis at £566 + VAT per hour (or the Grade A London Band 1 Solicitors Guideline rate, whichever is higher), with the quote agreed before I undertake the additional work. In practice, most disputes within the fixed-fee scope have document bundles well under 100 pages.

What if you cannot accept the instruction?

If the matter falls outside the scope, or if there is a conflict of interest, or if my diary cannot accommodate the timeline you need, I will tell you within 48 hours of your initial enquiry. Where the issue is scope, I will provide a bespoke quote in the same email. Where the issue is conflict or capacity, I will explain and (where appropriate) suggest one or two suitable alternative barristers.

Is the fee really fixed even if the matter is more complex than it looked?

The fee is fixed for the scope set out: review of materials up to 100 pages, an initial consultation of up to two hours, and a brief written follow-up. If the consultation reveals that you need substantially more advisory work than the consultation can deliver, I will tell you, and I will quote separately for that further work. You are under no obligation to accept any further quote.

Why is the fee non-refundable?

The fee is non-refundable in line with standard Bar Council direct access practice. When I accept your instruction, I commit time in my diary that I cannot then offer to another client. The non-refundable element protects against the commercial risk of a client cancelling at the last minute. The Consumer Contracts Regulations 2013 give you a 14-day cooling-off period; if you want me to begin work within that period (most clients do), you waive that right. This is explained in detail in the Client Care Letter.

Will you represent me in court or at a hearing?

Not as part of this consultation, but yes as separate further work if you instruct me to. I am a practising barrister with rights of audience in all courts. Representation in proceedings is quoted separately, usually on a fixed-fee basis for discrete hearings and on a stages basis for full litigation.

What if I want to bring in my business partner or family member to the consultation?

Only if the other person is on the same side of the dispute as you and you have a unified position. The consultation is provided to one party in the dispute. If two or more shareholders, partners or family members all want advice and are on the same side, all of you can be present. If you are on opposing sides, neither of you can both be advised by me; this would be a conflict of interest. In those cases, mediation may be a better starting point because it is conducted as a neutral facilitation rather than legal advice to one party.

Are video recordings made of the consultation?

Recordings can be made by agreement, which is captured in the Client Care Letter. Most clients find a recording useful because it lets them re-listen to the advice rather than relying on memory or notes. The recording is shared only with you and is subject to the confidentiality terms of the Client Care Letter.

Take the next step

To enquire about a fixed-fee initial legal consultation, please get in touch.

Call 020 4538 0246, email robin@robinsomerville.co.uk, request a consultation, or book a brief introductory call directly.

For bespoke direct access barrister work outside the fixed-fee scope, see the main direct access page. For mediation services in business disputes, see the commercial and workplace mediation page.

Related services and resources

For more on the underlying law and practice in each area, see the shareholder disputes guide, the partnership disputes guide, and the family business disputes guide. The books Shareholder Disputes and Winning in Family Business Disputes cover the law and practice in detail. For workplace and employment matters, see the fixed-fee workplace mediation and fixed-fee workplace investigation products.