Shareholder and Stakeholder Disputes

There are many occasions in which a dispute between parties concerns money. In some cases, the points involved can be complex and are often open to interpretation. Each side has a vested interest in presenting its case in such a way that maximises its return. But often their stated case can be incorrect and unclear.

We advise on the correct and clear presentation of claims quantum. When acting for the defence, we provide a critical evaluation of a claim. We can highlight the critical areas that have the most material effect on quantum, and describe their sensitivities.

The team can then concentrate on the important issues and use resources where they are likely to be most productive.

Where a client’s position is not strong as was originally assumed, our advice can still prove to be valuable, because it is far better (and less expensive) for a litigant to know the true strength of their claim as soon as possible, rather than find out in Court.

As forensic accountants, we have experience to quickly assimilate a situation and understand what has happened.

Our services are designed to complement those of the legal team. We discuss each case and agree the precise terms of our appointment.

When appointed under Civil Procedure Rules, we are independent experts. When appearing in Court or preparing disclosable reports, our duty is to the Court, not to any single party.

Case Study

Claim for loss of profits by a property developer P Ltd has signed a marketing agreement with a national house building company, Q Ltd, which had a paid deposit to P Ltd. Q Ltd withdrew from the agreement at an early stage and requested return of its deposit. Q Ltd sued when this was not forthcoming. P Ltd issued a counterclaim for loss of profits on the project and we evaluated the loss.

This required a present value calculation of lost future cash flows, less mitigation. There were many variables and an important part of our work was to illustrate clearly the sources of all the material figures.

Legal advice was that the deposit should be repaid, but P Ltd kept the deposit as part of its claim for loss of profits that we had calculated.

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