Expert determination is a form of alternative dispute resolution. RS Forensic is experienced in acting as independent expert where the parties have agreed to resolve a dispute by way of an expert determination rather than taking it to court. In expert determinations, the independent expert is instructed to give an opinion on a specific set of issues within their technical expertise.

RS Forensic has assisted clients with expert determinations in the context of the following types of matters:

  • Completion accounts and earn out disputes (sale and purchase agreement)
  • Private company share valuations (shareholder agreement / articles of association)
  • Termination of employment (where employee has company shares)

During an expert determination process, the parties are required to make a number of submissions to the independent expert, which set out their evidence and arguments in respect of the disputed issues. We use our experience of acting as independent expert to assist our clients with drafting of their submissions to ensure that they address the key points and provide the independent expert with sufficient information to enable them to make their determination.

Forensic accounting team

Typically instructed to provide independent and objective expert witness and advisory services in relation to matters involving owner-managed SME businesses.

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Forensic cases

Shareholder dispute

Appointed as the expert under the terms of the articles of association to determine the valuation of a 30% interest in the holding company of a trading company operating in digital media consultancy. The valuation was made more complex by the significant fluctuation in income which was generated by one off projects and the existence of various share option schemes.

Insurance claim

Appointed as joint expert to determine the lost profits and replacement cost in respect of damage to a graphic designer’s portfolio. The case was referred by the Financial Ombudsman Service as there was no dispute over liability but the parties could not agree on the quantum. The case involved a number of contested areas and was difficult due to the poor quality of information provided by the claimant. We worked with legal counsel to clarify some of the legal aspects of the case and analysed the designer’s past profits and the future order book in order to quantify the true value of the loss.

Completion accounts

Appointed as an expert under the terms of a sale and purchase agreement to conclude on a number of contested items within the completion accounts of a manufacturing company. Our work required the interpretation of the relevant (and contradicting) terms of the sale and purchase agreement and the assessment of conflicting information provided by the parties. Our determination was final and binding and was issued within three months of our initial instruction.

Forensic accounting testimonials

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