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Disputes, Litigation and Mediation
As the leading independent share valuation consultancy in the UK, Parmentier Arthur can provide expert evidence on value in relation to:
- Unfair prejudice cases under s.994 Companies Act 2006 (formerly s.459 Companies Act 1985)
- A just and equitable winding up under s.122 Insolvency Act 1986
- Family law proceedings
- Breach of warranty claims
- Professional negligence
- Lands Tribunal compensation
We are included in the Law Society's Directory of Expert Witnesses as experts in the valuation of company shares, businesses and intellectual property.
A cost-effective alternative to
litigation
When shareholders find themselves in fundamental disagreement or 'locked out', a situation which begins in a civilised fashion can quickly turn into an acrimonious squabble and end in litigation. Often, an objective and unbiased view of the situation combined with practical options as to its resolution can satisfy all parties and avoid the substantial expense of having the Courts decide matters.
Parmentier Arthur has a long and successful track record of advising in such cases. Where there is an obvious conflict of interest or a natural disinclination on the part of the primary adviser to take sides, we can assume a positive role in the resolution of disputes.
We have extensive experience in advising in shareholder disputes, and can:
- Act as a party-instructed expert or on a joint instruction
basis
- Provide an independent and objective valuation
- Advise on the tactical resolution of a dispute
- Provide specialist consultative support to retained professional
advisers
- Discuss values with other experts to narrow the issues in dispute
- Provide valuation input, and 'judgment' values, in mediation
processes
- Act as mediator in valuation-based disputes
Once a settlement or consensus has been achieved, our tax planning skills can be utilised, if required, to diminish the cost of achieving resolution.
Recent examples of our work in this area include:
- Orchestrating the buy-back of the shares of one of two 50% owners of an electronics business whose ideas for the future of the company were diametrically opposed. Advice included valuation of the company, negotiations on the exit price and tax planning for the retiring shareholder, assistance in raising the necessary finance and review of the sale
agreement
- Reorganising a group of property companies owned by three warring factions of a family to achieve equity in asset distribution in the most tax-effective
manner
- Advising the co-owners of a market research company where one wished to leave at short notice and extract the relevant value of his
shareholding
- Acting as expert witness on behalf of the claimant in a successful professional negligence claim against a major national accountancy firm
- Providing valuation advice and litigation support on behalf of a rock star in a divorce
action
A successfully negotiated settlement is a far cheaper alternative to litigation.
Please contact us
for more information or to make an enquiry.
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Valuation and Family Law - see Resources section for 2007 seminar notes |