Civil Litigation

From personal damages through to multi-million pound consequential loss claims arising in the most complex derivatives disputes, we can assist at all stages of civil litigation, arbitration or other alternative dispute resolution forums.

Our offering is varied and we can assist in a wide range of civil litigation matters, including:

• Loss of profit and damages calculations
• Consequential losses arising from missold financial or other products
• Shareholder disputes
• Post-acquisition due diligence claims
• Derivatives-related claims
• Contentious Valuation
• Insolvency investigations including analysis of dividend and other distributions.
• Asset recovery litigation
• Royalties audit

We will collaborate closely with clients and their legal teams and will be available to discuss matters of concern as they arise. We also work frequently with litigation funders.

We will provide an initial view on the possible scale of damages and consider causation at an early stage, so as to provide a pragmatic view on the costs and benefits of commencing or continuing proceedings. In this way, we normally provide a phased approach consisting typically of:

• Scoping Initial review
• Detailed analytical work
• Draft report and discussion
• Formalisation of Expert report
• Exchange of Expert reports and Experts’ meeting.
• Preparation and attendance at Trial

Throughout this process we will assist in any alternative dispute resolution initiatives that can be followed in order to resolve the dispute, and mitigate lengthy and costly formal court procedures.

Liquidator v Directors

We acted for the respondents on a misfeasance claim to recover £1.3 million. We successfully established that the disputed management fees related to actual services provided, and at Court adverse costs were awarded against the applicant.

Testify expert in respect of claims of alleged unlawful dividends, transaction at an under value and accounting irregularities.

D Ltd v HMRC

We acted for the defendant at the tax tribunal in connection with the non repayment of VAT. We assisted in undermining HMRC arguments as to the underlying nature of the transaction, so a deal was reached allowing offset of millions of pounds of VAT withheld against a current bill.

Liquidator of HK company v M, B and M

We acted for the respondents being sued for over $50 million damages, following the termination of derivatives contracts. We established various key financial points which enabled argument at mediation resulting in settlements totalling around $6 million.

F v MP Ltd

This case concerned the unfair allocation of royalties earned from a major global entertainment group. Acting for the applicant, we showed how profits had been mis-stated, following which he won significant further royalties owed over nearly a decade.

HBOS IAR Fraud and Post Office matters

We have acted on over 25 matters in commercial court litigation and as part of compensation schemes in respect of claims arising from the “HBOS IAR” fraud and the wrongful conviction of Post office sub-postmasters.

With regards HBOS IAR fraud Work, our work has included investigations of the alleged fraud against claimants and companies, assessing losses arising from that alleged fraud (including valuation of shares, loss of profit, loss of earnings) and assisting with the presentation of the claims in the form of Expert or Advisory reports. Work has been in respect of claims brought in by the commercial courts and via the Griggs and Foskett Re Review process.