I help clients to resolve disputes about company ownership and governance. I specialise in disputes about unfair prejudice between shareholders and claims involving deceit (fraudulent misrepresentation), often in a share sale context.
These are typically fact-heavy and wide-ranging disputes. What sets me apart is a willingness to roll up my sleeves and get to the bottom of the facts in dispute with a keen eye for detail. Clients value my legal judgment together with my straight-talking, pragmatic, and commercial approach.
I am skilled at guiding individuals and businesses through litigation, and have a wealth of trial experience, but I also recognise that clients generally want to achieve a balance of the best result at the minimum cost, whilst protecting their reputation. I help clients to resolve their disputes through negotiation and alternative dispute resolution in the aim of avoiding or limiting litigation.
I am recognised as a leading individual in my field by Chambers and Partners.
Areas of expertise:
- Shareholder disputes
- Boardroom disputes and director duties
- Claims in deceit and unlawful means conspiracy
- Unjust enrichment claims
- Contract disputes
- Contentious insolvency disputes
Qualifications and memberships
- Admitted as a solicitor in May 2005 (South Africa), December 2006 (England and Wales)
If I'm unavailable, please contact:
Nicola O’Shea
Legal Secretary +44 (0)1892 506 208 [email protected]
Michelle Kingscott
Legal Secretary +44(0)1403 831225 [email protected]
Lesley Monteith
Legal Secretary +44 (0)1892 765 452 [email protected]
My experience
Acted for a respondent husband (within a wider shareholder dispute) in successfully resisting an application issued by wife for an administration of the business, the judgment of which resolved an emerging conflict in previous High Court decisions.
Acted for the liquidator in the landscape-shifting case of Novalpina Capital LLP, in respect of which the court’s first instance judgment contradicted the long-standing practice of insolvency professionals in relation to members’ voluntary liquidations (solvent liquidations).
Successfully prevented a Government department from issuing a threatened claim against a client for damages of £7m pursuant to a contract to supply PPE during the Covid pandemic.
Pursuing or defending multiple petitions in the High Court under s. 994 of the Companies Act for unfair prejudice, including one which sought the rare relief that the majority shareholders sell their shares to an excluded minority shareholder.
Acting for a defendant in a High Court claim for £3.5m claim for restitution premised on unjust enrichment, and successfully resisting the claimant’s application for summary judgment upon a defence of change of position.
Acting for the claimant in a High Court claim for £5m alleging breaches of warranties given by the sellers in a share sale agreement.
Acting for defendants in High Court claims of £14m and £9m with allegations of fraudulent misrepresentation, unlawful means conspiracy and negligent misstatement arising from the sale of shares in companies.
How we made a difference
He is very knowledgeable in his work.
Justin McConville has huge capacity for work and huge attention to detail.
Justin McConville has been very considerate and very helpful with his advice. I am very pleased with his work and advice
He is someone you really want in your corner in a hard-fought litigation.
Justin McConville has huge capacity for work and huge attention to detail.
Justin McConville takes a pragmatic and commercially-minded approach to litigation, with a passionate drive to get results for his clients.
Chambers 2025
Justin possesses an ability to distil complex information and offer well-rounded counsel. He embodies the essence of a sagacious advisor, maintaining a fair and balanced perspective in his guidance.
Chambers 2025
One of Justin's standout qualities is that he is not just a passive listener but an active one.
Chambers 2025
He's not afraid to question assumptions and challenges viewpoints when necessary.
Chambers 2025
Justin McConville is excellent. Hugely knowledgeable and very practical in his approach to problem solving. He’s a star in the making.
Legal 500 2024
My thinking
Pre-action disclosure of documents in unfair prejudice proceedings
Dangers in delaying unfair prejudice petitions
Getting Contract Termination Right
Court of appeal provides guidance on phoenix syndrome
High Court clarifies meaning of “the directors” in applications for an administration order
Litigation Privilege v Without Prejudice Communications
EU’s ground-breaking Unified Patent Court
Securing swift payment of large debt
Resolving shareholder disputes – A creative solution
HMRC investigations on the increase - bounce-back loans
Awards
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The Radius Law team is now part of Cripps, strengthening the support we offer our clients.
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