Our expertise and reported cases

We have considerable experience of calculating losses and quantifying damages to help parties and their solicitors to resolve commercial claims, family disputes and personal injury.

The team has provided forensic accounting services to claimants, defendants and their solicitors. We have also carried out forensic accounting investigations in a wide variety of situations.

We have worked on many hundreds of business and family disputes, and claims involving individuals. The vast majority settle following confidential negotiations or mediations, once the parties have understood their respective positions. We aim to provide reports that help parties reach early settlements, saving time and professional costs. A few cases have resulted in our experts giving oral expert evidence at arbitrations, tribunals or at court.

Extremely few of our cases lead to court hearings and reported cases, as the vast majority of our work leads to settlements at confidential negotiations and mediations. The following selection of reported cases allow us to demonstrate some of our expertise. Further details may be found by clicking below each case.

Very few cases have resulted in court hearing in recent years and these provide further evidence of the firm’s expertise:

Compulsory purchase compensation

Welcocks Skips Limited v Network Rail Infrastructure Limited [2019] UKUT 0162 (LC) ACQ/84/2017

The claim concerned compensation due on extinguishment for a waste transfer, skip hire and recycling business that was compulsorily purchased in June 2012. Click here to read the case study.

Crowley & Anor (t/a Contraband Discount Stores) v Liverpool PSDA Ltd & Anor [2007] EWLands ACQ_47_2005

This Lands Tribunal case concerned the valuation approach for a discount retail business extinguished following compulsory purchase. Charles quantified the Claimants’ losses at £1.7 million. The Defendants argued that the true value of the claim was £240,000. Following a two-week hearing, the Lands Tribunal determined the value of the claim at £700,000. Click here to read the case study.

Commercial agency compensation

The Software Incubator Ltd v Computer Associates UK Ltd [2016] EWHC 1587 (QB)

Appointed by solicitors acting for the agent to quantify the compensation due under Regulation 17 of The Commercial Agents Regulations 1993 on termination of the agency agreement. The principal claimed there was no loss but on hearing both experts the court awarded compensation of £475,000. On 28 March 2019 the Supreme Court decided to refer two questions as to the meaning of “goods” in the Directive to the CJEU. Click here to read the case study.

Berry v Laytons & Anor [2009] ECC 34, [2009] EWHC 1591 (QB)

The case also addressed the quantification of compensation on termination of a commercial agency. The case highlighted the risks of professional negligence claims when advising agents on the level of compensation. Click here to read the case study.

Matrimonial finances on divorce

Prest v Prest [2011] EWHC 2956 (Fam)

The case concerned the financial provision required of a prominent businessman in international oil development and trade who had repeatedly flouted to give full, frank and clear disclosure of his finances. The court concluded that he was worth at least £37.5 million and awarded the wife £17.5 million. Subsequent Court of Appeal and Supreme Court cases addressed whether the corporate veil could be pierced in family law UHNW divorce cases. Click here to read the case study.

Professional and accountants negligence

Magical Marking Ltd & Anor v Ware & Kay LLP & Anor [2013] EWHC 636 (Ch)

It was alleged that solicitors had failed to advise correctly that it would be unfairly prejudicial to remove a director without making a fair offer for his shares, leading to a claim for £10 million. Our team were appointed by the Defendant and established there were minimal losses. The Claimants complained that our approach had been unrealistically detailed, our work lead the court to award a nominal £28,000. Click here to read the case study.

Commercial contractual disputes

J Toomey Motors Ltd & Anor v Chevrolet UK Limited [2017] EWHC 276 (Comm)

A car dealership that Chevrolet had breached the franchise agreements when it served notice that it would cease to supply Chevrolet cars in the UK. The dealer’s expert accountant quantified the losses at £700,000. While such market withdrawals are almost unknown, our team identified similar situations to show that the dampening effect on demand. We also successfully challenged the dealer’s projected lost servicing, parts and body repair sales projections. Click here to read the case study.

Arkin v Borchard & Others [2003] EWHC 687

Expert evidence was required in many areas in this antidumping claim. Our expert’s role was to challenge the independence of the Claimant’s accountancy expert to the funders. In response the funders were forced to provide their expert with a bank bond for £800,000 to cover unpaid fees. This case was responsible in part for allowing the embryonic litigation funding industry to develop. Click here to read the case study.

Reported arbitration

Charles also acted as an expert in the Solitaire arbitration, the largest marine arbitration heard before the LMAA up to that time, which settled in 2006 for Euro 350 million.