Transaction disputes

We can add value at each stage of a transaction, from reviewing draft sale and purchase agreements through to assisting with completion accounts and warranty disputes, and each stage in between.  

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Objective Analysis and Advisory Services for Complex Transaction Disputes

We are regularly instructed as named experts for both claimants and defendants.  Our reports are prepared objectively and independently as we understand that our overriding duty is to assist the Court pursuant to CPR 35.  Our named experts have extensive experience of giving evidence in the High Court, County Court and Crown Court.

We have extensive experience in:

  • Misrepresentation claims
  • Review of sale and purchase agreements
  • Preparation or review of Completion or Earn-out accounts
  • Earn-out disputes
  • Warranty disputes

Our Services

Shadow expert advisory services.
Preliminary review of documents to identify the most significant aspects of the case and to highlight key areas for further investigation or key documents that should be requested.
Expert determination acting as the independent accountant delivering determinations on matters in dispute as well as drafting submissions in relation to items remaining in dispute for determination by the independent accountant and advising clients through the completion accounts dispute process.
Desktop services for less complex claims comprising the review of documents and preparing a not-for-disclosure letter identifying errors in the claim, lack of information in the documents provided, inconsistencies in the claim, exaggeration or potential fraud and initial recalculation of the loss to allow for the negotiation of a settlement, or to proceed to litigation, where we can also act as your accountancy expert should you wish us to do so.

Examples of Experience

  • Warranty Claims:  Geoff Mesher was instructed as expert in the seminal case, Ageas v KwikFit [2014] EWHC 2178 (QB).  This case saw the re-establishment of the principle of no hindsight and was one of the first matter to go to Court where warranty & Indemnity insurance was in place.  Geoff’s evidence was accepted by the Judge and the full amount of the warranty claim (£17,635,000) was awarded.
  • Warranty & Indemnity insurance: we assist insurers or insured in a multi-million pound claims arising from M&A transactions. In one instance, our work discovered that the counterfactual position advanced by the claimant could not have been known at the time of completion leading to a significantly lower quantum for insurers.
  • Expert Determinations: Acting as expert determiner in disputes arising from M&A transactions, including dealing with completion accounts, earn-outs and other deferred consideration mechanisms.
  • Expert Determination assistance: Assisting one party with its submission to an expert determiner in transaction disputes utilising our experience and expertise of acting as an expert determiner ourselves.
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