This Practice Note considers issues relating to the instruction of a forensic accountant to provide expert evidence as to the valuation of company or business assets within Financial remedy proceedings, including applications for permission, matters to be dealt with in the letter of instruction, valuation methodology and minority Interests.

Where a party to financial remedy proceedings has an interest in a business, the court will frequently direct that it be valued. The procedural provisions relating to experts are set out in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 25—see also: Instructing an expert.

A valuation by a forensic accountant may be needed for the computation stage of financial remedy proceedings. The accountant's expertise may also be required to analyse and/or consider potential solutions at the dispositive stage of the process, for example:

1. •

   if there is a need to extract cash from the business, including to fund a lump sum by instalments/series of lump sums

2. •

   where the order will involve a transfer of shares from one party to another,