Looking for a needle in a haystack
This was a complex claim comprising several different heads of loss which resulted in the respondent providing a huge volume of disclosure. Our main challenge was to identify how much, if any, was actually useful and relevant so that we could prepare the calculations of loss. The respondent continued to provide new information throughout the process of drafting expert reports, increasing the time pressure on my team to prepare and articulate the calculations.
Thanks to our constant questioning of the respondent’s arguments and collaboration with our instructing solicitors, the parties were able to have successful settlement discussions on the eve of the arbitration hearing.
You want how much?
The Crown issued confiscation proceedings against the defendants following their conviction. The initial calculation of criminal benefit considered the turnover of the business and did not make any allowance for the profits generated or the cash the defendants had actually drawn from the business.
My team proved that the actual benefit earned from the criminal activity was substantially less than the amount originally calculated by the Crown.
In a long running shareholder’s dispute, the High Court ordered that an Expert Determination take place to value a 25% shareholder’s interest in a private company. During this process, previous valuations of the interest had been dismissed for a variety of reasons with both the legal and financial experts changed several times. Just as it looked likely that a determination of value was going to be made, a restraining order against the Expert Determiner was issued preventing the findings being reported.
Following advice from in-house council the restraining order was eventually lifted enabling the valuation of the company and the shareholder’s interest to be determined at long last.
Time is money
As part of an internal investigations team comprising forensic technology experts, accountants, paralegals and former police officers, time sensitive allegations were received resulting in a tight deadline to complete our investigation and report to the stakeholders. We were given electronic data from mobile and computer devices together with relevant financial data from the company’s accounting systems. We had daily meetings to ensure the document and financial review were progressing in accordance with the timetable and that we were all fully aware of the key findings as the case progressed.
Within a fortnight we prepared a draft report so that we could interview the relevant people. After these interviews had taken place, we made our final report.