Business assets: Sharing the golden goose?

Henry Hood provides insight on the approach to private limited company assets, including valuation and methods of division ‘A clean break can be more difficult to achieve where a company is involved because sharing over time will commonly imply ongoing income payments and a deferred lump sum on sale, or as liquidity allows.’ Coleridge J’s …
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Business assets: Open or shut?

Rachel Nicholl examines the courts’ approach to business assets and the different orders that may be made to deal with such assets ‘While the court must consider the value of all the assets in the case in order to properly exercise its discretion, given the expenses involved in instructing an expert, this is something that …
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Business Assets: Back to reality

Joanne Green looks at business assets including valuations, issues of liquidity and the options available to the court ‘When deciding how to deal with the business assets, the court should first consider whether there are any available funds in the business and if there are, the most tax-efficient way of extracting them from the business.’When …
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Family Businesses: The golden goose

Rebecca Stone reviews the case law relating to family businesses and the differing approaches taken by the courts to such assets ‘In F v F (clean break: balance of fairness) [2003] the judge accepted that where some of the assets are illiquid it may not be possible to achieve either the aim of equality or …
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Companies: Corporate raiders

Frances Bailey and Steven Watson examine the options when dealing with family businesses ‘A lump sum payment may be ordered if it is established or accepted that the party will be able to extract liquidity out of the company to meet that payment.’When it comes to negotiating financial settlements, finding the right result for our …
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