By October 1939, on Germany’s western border, the Allies could have mustered 96 French divisions, 19 British, 22 Belgian and 10 Dutch, together with about 5,000 tanks and 1,000 aircraft.

 

While the German army was in Poland, the Germans kept 25 reserve divisions on their western border and virtually no tanks. This force would not have been able to withstand an Allied advance for more than a few days.

 

With the hindsight of history, the Allied forces should have invaded and occupied Germany, cutting off the German army from its supplies and prevented the Second World War?

 

The Germans took a huge gamble when they invaded Poland – they gambled the Allies would not attack.  They were right.

 

You do not know what your opponent is going to do!  You do not know the moves they are going to make!

 

What all potential litigants must do, as soon as a dispute looms, is go through a pre-action preparation routine (click the button on our website headed “seven questions to ask your solicitor”) and get all the divisions and power you can muster to the border as soon as possible. This is not necessarily to fight. You may be in a better position to mediate when your opponent can see the strength of your preparation and the advance of your position.

 

There is no general answer regarding whether you do this in secret or openly, or at what stage you show your preparation; it depends very much on the type of dispute.

 

For example, generally speaking, if we were helping a client plan a “boardroom coup,” we have to consider that the Companies Act 2006 does not really allow for surprise tactics.

 

For example, special notice is required for a resolution to remove a Director and a resolution to appoint somebody in their place; it is necessary to give notice of a board meeting to all Directors; a Director’s expulsion cannot be smuggled in behind “AOB.”

 

In that case it would be desirable to run through the initial steps (“seven questions…”) to understand whether your objectives are legally achievable, the impact they will have on the company and stakeholders and the company’s reputation and future governance and the range of possible responses you can expect from your opponents and how you will react.

 

So, for a “boardroom coup,” you would usually want to make preparations as secretly as possible before launching your invasion.

 

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