Gavin Cunningham – Forensic Accounting Partner
We have vast experience of providing formal Expert witness reports for use in both the civil and criminal courts.
We can draw upon this experience to assist at all stages of litigation, from providing an initial informed view on the issues in a case (so as to highlight evidential needs), through discussions with the client and legal team advising on evidence, and then, where necessary, in discussion with the other Expert. We are also well versed in court practice and procedure and provide the necessary interaction with the legal team to maximise the benefit to the client.
Whether it is a complex derivatives dispute where we are assessing consequential loss, or a criminal fraud case where a defendant’s freedom is at risk, we bring a pragmatic approach to our work, supported by our technical knowledge and insight into business practice.
Recent expert witness assignments
Liquidator v Directors
We acted for the respondents on a misfeasance claim brought by the Liquidator to recover £1.3 million. We successfully showed the fees charged were for work done, and adverse costs were awarded against the applicant.
Liquidator of HK company v shipping companies
We acted for the respondents being sued for over $50 million in damages following termination of derivatives contracts. We established various key financial points that enabled argument at mediation, resulting in settlements totalling around $6 million.
D 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 the £1 million+ withheld against the current bill.
R v H and others
In this criminal fraud trial, we acted for the defendant and demonstrated how the Crown case lacked financial credibility. The case was dismissed at trial.
R v V
In this confiscation case we were able to show how the claims made by the Crown as to benefit and assets were significantly overstated, and lacked any intellectual basis, reducing the amounts claimed by around 95%.
F v M
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.
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.