RS Forensic see a large number of shareholder disputes, in particular where
allegations of unfair prejudice are being made by minority shareholders.

In shareholder disputes, as well as partnership and franchise disputes, it is often necessary to prepare business valuations as the ultimate resolution of the dispute is likely to involve the sale or transfer of shares in the business.

We work closely with our clients, instructing solicitors and the client’s other
advisors as necessary to understand the nature and basis of the claim and to gain a detailed understanding of the business at the heart of the shareholder dispute. It is often necessary to consider how the fortunes of the business would differ in the absence of certain actions by the defendant. In these situations, we focus on understanding how the actions of the defendant have impacted the value of the business.

RS Forensic can provide assistance at any stage in a shareholder dispute, but it is beneficial to involve us as early as possible. Our early involvement in proceedings ensures that any settlement negotiations are undertaken with a clear understanding of the financial amount at stake. We can also assist the claimant with understanding the financial information required to prepare and support heir claim.

Should your shareholder dispute reach court, we are able to provide an expert report that is compliant with the civil procedure rules and relevant practice directions and give expert testimony.

Forensic accounting team

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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

Valuation of companies and trademark for mediation in unfair prejudice

Appointed by the defendant, the majority shareholder, in a claim for unfair prejudice brought by the minority shareholder of three companies involved in hair dressing and producing branded hair products in the name of the majority shareholder. We were required to value both the businesses involved and a trademark held by one of the companies. Our work was used to inform the parties at a mediation which was ultimately successful in resolving the dispute.

Unfair prejudice between siblings

Appointed by the claimant to quantify the amount of personal expenditure incurred by a shareholder/director in a number of property development companies owned equally by two brothers. We were required to analyse bank and credit cards statements spanning a period of ten years and to calculate the current value of the companies. The matter settled on the third day at court.

Loss due to diversion of profits

Acting as expert for two defendant shareholders in response to a claim that the core operations of a business had been diverted to a new company to the detriment of the claimant third shareholder. We reported on the actual losses incurred, restating the accounts prepared to unwind transactions and remove the impact of various actions taken by the parties. Our view was that the claim being made was of minimal value.

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Forensic accounting testimonials

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Your assistance with the case was most valuable and the client is delighted with the outcome.
M.F (Partner)
Regional firm of solicitors
Your advice was extremely helpful, cost effective and to the point.
Partner
(London firm of solicitors)

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