There are many ways in which we can contribute to the successful resolution of a dispute
When a dispute first arises, it is easy to get locked in to the subjective details of the dispute and lose sight of the eventual destination, whether that be a negotiated resolution (and potentially a continuing commercial relationship) or a decision imposed by a tribunal. At that early stage, we can provide an objective and independent early assessment of loss, so that you can plan your approach to the dispute more confidently.
Later on, whether or not formal proceedings are under way, we can support you on aspects of the negotiation process. There is no clear-cut formula for the input that might be needed, and we are happy to be flexible in tailoring our work. You might need, for example, a paper on loss which can be shown to the other party, or an objective explanation of the financial impact of certain transactions. With our experience of negotiation and mediation strategy, we can support you through this process.
In the context of formal proceedings, whether they are in Court or before an international arbitration tribunal, we provide expert evidence in three broad areas:
- The quantification of damages, whether as specific losses or through a business valuation;
- Financial issues that are relevant to liability and causation; and
- Providing an objective interpretation and understanding of relevant financial and accounting matters.
Our services are not limited to the parties involved in a dispute: we also accept appointments to tribunals, as arbitrator or as tribunal expert. And we provide alternative dispute resolution services, as expert determiner or as mediator.
We work on completion accounts disputes including providing accounting advocacy in substantial disputes, determining disputes as independent expert, and providing accounting evidence and explanations in post-transaction disputes such as earn-outs.
We have worked on and are currently working on a wide variety of corporate transaction cases including:
- Appointed as the expert under the ICAEW President’s Appointments Scheme to determine the disputed matters in draft completion accounts and an earn-out following the sale of an insurance business.
- Acting for the buyer in an expert determination to resolve a completion accounts dispute between two companies in the entertainment sector, with over a hundred disputed items and £100 million in dispute.
- Advising the sellers of a technology company in relation to their liability and the valuation of potential claims for breach of accounting warranties, fraudulent misrepresentation and advising on the counterclaim for an earn out under a sale and purchase agreement.
- Acting as expert for the buyer in a warranty claim in the aviation industry. This involved providing an opinion on the merits of claims for breach of accounting warranties and quantifying potential losses incurred in the LCIA arbitration.
If you would like to find out more about our experience in corporate transaction disputes, please contact any of our partners.