Our extensive experience in this field includes acting in the following areas:
- Professional negligence claims
- Breach of contract
- Breach of warranty
- Completion account disputes
- Misrepresentation claims
- Product recall claims
- Regulatory disputes
- Royalty disputes
- Personal injury and loss of dependency
Our team excels in delivering detailed economic and accounting analyses that have helped many clients achieve successful resolutions to their disputes. We aim to provide information that is transparent and concise and supported by financial evidence that meets the needs of our clients and their respective legal advisors at all stages throughout the dispute settlement process.
Our technical ability is second to none. We are the first to recognise that loss of profits does not equate to loss of accounting profits and that the legal issues at the heart of the dispute can make a significant difference to the quantum calculations.
We can provide supportable opinions as to whether breaches of accounting warranties, particularly in SPAs, have occurred, and our assessment of the losses arising from any alleged breaches, including potential overpayments for businesses, supported by statistical or market data.
We operate in all recognised resolution channels, including litigation, arbitration, mediation and assisted settlements, and have been appointed in many capacities, as an expert witness, shadow expert, jointly appointed expert and court appointed expert.
Our flexibility in approach as expert or consultant will assist you in achieving your objectives.
Recent cases include:
Acting on behalf of the owners of a seaside holiday park whose business was severely impacted by coastal erosion arising from a local port authority’s negligent harbour scheme. We were instructed to assess the losses suffered by the holiday park. Those losses included long-term mitigation and monitoring measures, quantified on a discounted cash flow basis, together with the loss of profits arising from a reduction in caravan sites and visitor numbers whilst the remedial work was being undertaken. There was also a significant claim relating to management time.
Acting on behalf of the defendant in a claim relating to a licence for the development, manufacture and distribution of a medical product into the Chinese market. The claimant terminated the agreement due to alleged failure to develop and support the product, and claimed loss of profits and wasted costs. We critically appraised the claimant’s projections and demonstrated that the underlying assumptions relating to market size, growth and penetration were unsustainable, and hence that the claim was significantly overstated.
Quantifying the losses suffered by a catering company following the early termination of a services agreement by a Championship football club. We presented loss of profits calculations under alternative scenarios covering, for example, promotion to the Premier League and qualification for the Championship play-offs, and used data for comparator clubs to estimate the impact of on-field success on attendances. Prospective attendances, in turn, were a key driver of the match-day catering revenues that would have been anticipated over the remaining three seasons of the agreement.
Acting on behalf of the buyer of a construction business, who wished to claim under share purchase agreement warranties. We were able to demonstrate that the historic profits of the business had been overstated through acceleration of revenue recognition and suppression of costs, in contrary to UK GAAP and thereby in breach of the warranties. On the back of our work, a claim was made against the vendor warrantors.
Acting on behalf of an information technology contractor whose contract with a local authority was terminated early. Under the terms of the contract, the contractor was entitled to unrecovered costs, breakage costs and certain loss of profits. We reviewed the merits of and advised upon the contractor’s claim. Particular issues included the basis on which staff time was recorded and treated within the claim – including an adjustment for overhead absorption – and the finance costs that could properly be justified.