The 79 billion pound ($103 billion) deal headed to the courts as SABMiller sought to make sure the deal treated investors fairly, given its two largest shareholders were offered different terms to help them trim their tax bill.

"We are pleased the court has acknowledged the reality of the situation which will help to ensure that the views of the rest of the investor base have due weight," Aberdeen said in a statement.

"As we have already indicated, we intend to vote against the deal as we are uncomfortable with the structure and believe it undervalues the company," it added, calling on others to join it in ensuring SABMiller remained a separate company.

(Reporting by Simon Jessop; Editing by Rachel Armstrong)