A P D v R D [2013] NIFam 7 (15 August 2013)

A P D v R D [2013] NIFam 7 (15 August 2013)

The respondent's minority shareholding in GHL should not be valued at a discount because there is no realistic prospect of him having to sell his shares on the open market; the valuation must reflect the reality that he will likely transfer the shares to his children or other shareholders at the Transfer Price as...

Source-derived case information.

Citation
[2013] NIFam 7
Parties
Petitioner: A P D; Respondent: R D
Jurisdiction
Northern Ireland
Judgment Date
15 August 2013
Procedural Posture
Ancillary Relief (matrimonial Finance) / Preliminary Issue Determination
Outcome
Minority shareholding should not be valued at a discount.
Legal Topics
Valuation of Minority Shareholding, Ancillary Relief, Matrimonial Property Division, Shareholder Rights
Family Law Company Law Valuation of Minority Shareholding Ancillary Relief Matrimonial Property Division Shareholder Rights

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Parties

A P D

Petitioner

R D

Respondent

Procedural Posture

Ancillary Relief (matrimonial Finance) / Preliminary Issue Determination

Legal Issues

  1. 1 Should the respondent's minority shareholding in GHL be valued at a discount for the purposes of matrimonial property division?

Ratio Decidendi

The respondent's minority shareholding in GHL should not be valued at a discount because there is no realistic prospect of him having to sell his shares on the open market; the valuation must reflect the reality that he will likely transfer the shares to his children or other shareholders at the Transfer Price as defined in the Articles of Association, which does not permit a discount for minority status.

Court Disposition

Minority shareholding should not be valued at a discount.

Orders

  • The respondent's minority shareholding in GHL is to be valued without discount for minority status.