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  Litigation Support : commercial and contractual
 
 
Our practice is based on providing solutions to clients by supporting their strengths and helping them overcome their weaknesses. We bring these skills to identify the key business areas in a case. Recent assignments include the following:
  • A major bank was engaged as foreign exchange brokers for the client over a number of years. The investigation of over 31,000 forex orders established that the client had been overcharged by £40 million and showed that the Defendants’ expert had understated the losses. The work included presenting the overcharging in tables and charts in order to demonstrate the variations by time and currency and to illustrate the differences between the two expert's results.
  • We assisted lawyers acting for a major car importer in analysing the losses arising from the repudiation of an exclusive rights agreement with an overseas manufacturer and developing a claim against them for some £30 million.
  • The preparation of an expert report on behalf of an offshore refuelling company, which a supplier alleged had broken an unsigned contract, thereby causing loss of profits. Our role involved a fundamental reassessment of the approach adopted by the supplier’s expert, who had estimated the losses by reference to imputed results of the defendant, rather than from the supplier’s results.
  • In connection with a Save As You Earn share option scheme, which failed following the use of bank accounts which were invalid under Inland Revenue rules, we supported the claim against the bank with an expert report setting out the background to such schemes, commenting on the steps taken to attempt to rectify the failure and computing the losses arising to both the company and the employees.
  • We were commissioned on behalf of another major car importer, who had advanced monies to a new motor dealer that had subsequently ceased trading. Our role included computing the loss of profits suffered by the dealer as a result of the alleged delay in granting the dealership and the preparation of an expert report. This assisted in the settlement of the claim and counterclaim.
  • We investigated a warranty claim under a business sale agreement concerning stock obsolescence. Our work identified a defective computer program that reinstated the vendor’s stock that had previously been identified as obsolete, resulting in a substantial claim.
  • We were appointed to quantify an individual’s losses following his wrongful exclusion from the management of a joint venture. Our report contributed to an acceptable settlement being reached.
  • The preparation of an expert report in connection with a loss of profits claim by the owner of a restaurant following defective refurbishment work. We computed the loss arising from the period of closure for rectification work and the resultant lost goodwill.

Contact Julian Wilkinson on 020 7651 1140, or e-mail for further information.


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