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19 September 2014 / Anna Heenan
Issue: 7622 / Categories: Features , Family
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Business as usual?

How can you protect shares in a family business on divorce, asks Anna Heenan

In Shield v Shield [2014] EWCA Civ 1136, the Court of Appeal was called to decide upon the beneficial ownership of shares in a family company. The case demonstrates how tax planning and asset protection concerns can conflict and highlights the need to be mindful of both when advising a family business.

The company in question was RA Shield Holdings Limited (RASH). It was formed in 2005 after the husband’s previous company was restructured to revive its fortunes. Tax advice upon restructuring provided that if the husband retained control of the business until his death, his shares would attract business property relief for the purposes of inheritance tax and that there would be an uplift in the base cost of his shares for capital gains tax purposes. At the time of the restructuring, both the husband and wife intended to leave their shares to their son, Christopher, and made wills doing so.

Following the restructuring, the shareholdings in RASH were:

  • Husband:
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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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