Gavin Cunningham – Forensic Accounting Partner
From personal accident 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.
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:
- i. Scoping
ii. Initial review
iii. Detailed analytical work
iv. Draft report and discussion
v. Formalisation of report
vi. Exchange of Expert reports and Experts’ meeting.
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.
Civil Litigation Assistance
Our offering is varied and we can assist in a wide range of civil matters, including:
- Loss and damages calculations
- Consequential losses arising from complex financial instruments
- Royalties audit
- Insolvency investigations and asset recovery litigation
- Minority shareholder disputes
- Post-acquisition due diligence claims
- Derivatives-related claims
- VAT appeals (MTIC related)
- Forensic valuation.
We will work 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.
Civil Litigation Case Examples
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.
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.
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.
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.
To speak to a partner or for more information about the services we offer please contact one of the Menzies LLP offices or complete our online contact form.