Commercial and Contractual Disputes
Commercial and contractual disputes arise with varying complexities and issues. The Baldwins Forensic Accounting team has undertaken work in respect of many different cases and in many different roles. Using our skills we assess and report on quantum and mitigation.
We have significant experience in commercial dispute claims in the following areas:
- contractual disputes e.g breach of agreements to supply goods or services
- transaction disputes such as completion account and earn out disputes and breach of warranty claims
- loss of profits (read case study) and consequential loss
- partnership and shareholder disputes including the assessment of goodwill
- business interruption (and associated insurance claims)
- product liability/recall
- directors’ breach of fiduciary duties
- fraudulent and wrongful trading
- mortgage disputes
- commercial agency disputes
- professional negligence
- royalty claims
Our team prides itself on the pragmatic approach to dealing with commercial disputes. We can assist at various stages throughout the process:
We can provide advice and assistance on potential losses at an early stage.
Quantification of losses
Using our business knowledge and forensic accountancy experience we can undertake detailed calculations on complex claims and provide clear and concise commentary on reports.
Negotiation, mediation and arbitration
We are often appointed to challenge quantum.
Independent CPR compliant expert witness
Where formal proceedings have commenced or are likely to commence, we can provide an independent expert witness report, in litigation, mediation and arbitration or other form of dispute resolution.
Where a contract mandates an expert determination process as a dispute resolution mechanism, we can help. We are members of the ICAEW Presidents’ Appointment Scheme for appointments to act as independent experts and know how to run cost efficient and successful expert determination processes. We also have experience of assisting parties in drafting submissions and negotiating the right outcome.
Business and Share Valuations
Baldwins Forensic Accounting can investigate suspicions that a business has been the victim of a fraud perpetuated by one or more of its employees.
All our investigations are conducted in a confidential and prudent manner given the sensitivity of allegations, and to the highest standards of evidence handling should criminal proceedings be required. We work closely with our clients’ legal advisors to ensure a focussed investigation covered by legal privilege protection, and with computer forensic technology specialists where required.
As well as providing factual investigation reports to our clients and authorities as required, we add value by focusing on the weaknesses in the system that allowed the fraud to take place.
Case Study – Consequential Loss – A Commercial Dispute
We advised the Counsel of the likely quantum in each alternative
Our client was party to a Service Agency Agreement which the other party terminated without notice. We were asked to calculate the financial loss suffered by our client.
There are different ways of approaching the loss including evaluating the goodwill, estimating lost future commission and estimating lost historical expenditure.
We assisted Counsel in making his choice, advising him of the likely quantum in each alternative.