HJC v MCC [2018] NIMaster 12 (8 November 2018)

HJC v MCC [2018] NIMaster 12 (8 November 2018)

The court found the jointly instructed expert, Mr Martin, to be best qualified and impartial. The unilateral valuations by the Petitioner lacked proper process and independence. Mr Martin's valuation was accepted, subject to a reduction for modernisation, setting the fair market value at £800,000.

Citation
[2018] NIMaster 12
Parties
Petitioner: HJC; Respondent: MCC
Jurisdiction
Northern Ireland
Judgment Date
08 November 2018
Procedural Posture
Ancillary Relief (valuation Hearing) / Valuation Hearing Prior to Financial Dispute Resolution Hearing
Outcome
Valuation of former matrimonial home set at £800,000 for ancillary relief purposes.
Legal Topics
Ancillary Relief, Property Valuation, Expert Evidence
Family Law Ancillary Relief Property Valuation Expert Evidence

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Parties

HJC

Petitioner

MCC

Respondent

Procedural Posture

Ancillary Relief (valuation Hearing) / Valuation Hearing Prior to Financial Dispute Resolution Hearing

Legal Issues

  1. 1 What is the fair market value of the former matrimonial home for the purposes of ancillary relief?
  2. 2 What weight should be given to valuations by jointly instructed and unilaterally instructed experts?

Ratio Decidendi

The court found the jointly instructed expert, Mr Martin, to be best qualified and impartial. The unilateral valuations by the Petitioner lacked proper process and independence. Mr Martin's valuation was accepted, subject to a reduction for modernisation, setting the fair market value at £800,000.

Court Disposition

Valuation of former matrimonial home set at £800,000 for ancillary relief purposes.

Orders

  • Value of former matrimonial home determined at £800,000.
  • Financial Dispute Resolution hearing to address remaining ancillary relief issues scheduled for 29 November 2018.