Goldstein v Levy Gee (a Firm)
The court held that although the defendant made errors in the process of valuation, the final figure for the value of the claimant's shares fell within the permissible range of valuations that a competent auditor could have produced. Therefore, the defendant was not negligent, and the claim must be dismissed.
- Parties
- Claimant: David Goldstein; Defendant: Levy Gee (A Firm)
- Jurisdiction
- England and Wales
- Judgment Date
- 01 July 2003
- Procedural Posture
- Civil / Judgment After Trial
- Outcome
- Claim dismissed
- Legal Topics
- Valuation of Shares, Negligence of Auditors, Standard of Care, Damages, Interpretation of Articles of Association
Case Brief
Summary, issues, holding and outcome
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Parties
David Goldstein
Claimant
Levy Gee (A Firm)
Defendant
Procedural Posture
Civil / Judgment After Trial
Legal Issues
- 1 Whether the defendant's valuation of shares was negligent
- 2 Whether the process or the end result determines negligence in professional valuation
- 3 Appropriate deductions in share valuation for portfolio discount, contingent tax, and non-listed status
Ratio Decidendi
The court held that although the defendant made errors in the process of valuation, the final figure for the value of the claimant's shares fell within the permissible range of valuations that a competent auditor could have produced. Therefore, the defendant was not negligent, and the claim must be dismissed.
Court Disposition
Claim dismissed
Full Case Text
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