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07 July 2017 / George Sim
Issue: 7753 / Categories: Features , Expert Witness
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Valuations in litigation

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Forensic accountants play a vital role in litigation, both as advisers to the parties to a dispute & as experts. George Sim shares his experience from the coalface

  • It may be important for solicitors to consult forensic accountants for their expertise in valuation methods and their experience of the litigation process.
  • Valuations may be needed in many different types of litigation ranging from commercial disputes to divorce cases.

Business valuations may be undertaken with a view to a sale of a business or for tax purposes, but they will often need to be carried out where litigation is in prospect.

Valuation can be complex: issues may arise concerning the quantity and/or quality of information available about the business and from the fact that the owner’s business and personal affairs may be closely intertwined. Moreover, interests in unincorporated businesses and shares in private companies are not readily marketable and there may have been no similar transactions in the past to provide a basis for comparison.

Solicitors requiring a business valuation to be carried out will

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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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