Case Types Requiring a Business Valuation Expert Witness
UK litigation and family proceedings where company value determines outcome - from S994 petitions to financial remedy and insolvency.
Shareholder Dispute (S994)
Shareholder disputes under Companies Act 2006 section 994 (unfair prejudice) frequently turn on the value of the petitioner's shares. Courts order valuation at fair value - a legal standard that often differs materially from fair market value, particularly where minority discounts are disapplied because the petitioner was unfairly treated.
Divorce / Financial Remedy
When a spouse owns or controls a trading company, the business often forms the largest matrimonial asset in financial remedy proceedings. The Family Procedure Rules Part 25 governs expert evidence: in many cases the court's permission is required before a valuation expert may be instructed, and the expert's overriding duty is to the court.
Partnership Dissolution
Partnership dissolution and retirement disputes require careful valuation of goodwill, work in progress, and partner entitlements. Professional practices - law firms, accountancy firms, medical partnerships - present distinct issues around personal versus transferable goodwill and the enforceability of restrictive covenants.
Commercial Litigation / M&A
M&A litigation often centres on whether the target business was worth what the buyer paid. Warranty and indemnity claims, disputed completion accounts, locked box adjustments, and earn-out calculations all require independent valuation evidence quantifying diminution in value.
Insolvency / Administration
Insolvency proceedings raise distinct valuation questions: going concern value versus forced sale or break-up value, the adequacy of administrator marketing efforts, and whether antecedent transactions were at undervalue under Insolvency Act 1986 section 238.
HMRC / Tax Tribunal
HMRC's Shares and Assets Valuation (SAV) team provides valuations for tax purposes that taxpayers and their advisers may challenge. Independent expert witnesses prepare counter-valuations for negotiation with HMRC or for hearing before the First-tier Tribunal (Tax Chamber).
Professional Negligence
When a claimant alleges that an accountant or business valuer provided negligent advice - for example overvaluing an acquisition target or failing to identify material liabilities - an expert witness prepares a but-for valuation showing correct value and quantifies loss caused by the negligence.
IP Valuation
Intellectual property disputes require valuation of patents, trade marks, copyrights, and brands - whether as standalone assets or as components of a wider business valuation in divorce, dissolution, or commercial litigation.
MBO Dispute
Management buyout disputes typically centre on whether the price paid by management fairly reflected the business's value at the transaction date. Minority shareholders may allege they received inadequate consideration or that directors breached duties in approving a low-priced MBO.
Compulsory Purchase
Compulsory purchase and land compensation claims may include loss of business goodwill, loss of profits during relocation, and the capital value of an extinguished business under the Land Compensation Act 1973.
Next step
Ready to instruct a business valuation expert witness?
Submit your case details and we will match you with a qualified expert for English and Welsh proceedings under CPR Part 35 or FPR Part 25. Response within one business day.
Instruct an Expert Witness