Commercial Disputes

Breach of contract: reducing a counterclaim
When a manufacturing company sued a distributor for unpaid debts, it faced a large counterclaim for breach of contract.

We discovered and demonstrated large errors in the basis and quantum of the counterclaim.

After we had narrowed the issues, the counterclaim was reduced from £1.3million and settled at £150,000.

Solicitor’s negligence: achieving a higher settlement
When a businessman claimed loss of profits arising from negligence by his solicitor, the defendant offered £35,000 to settle.

Our investigation evaluated the claimant’s losses at £120,000 plus interest.

Although an expert for the defendant valued the losses at £15,000-£30,000, the defendant settled at £150,000 - equivalent to our valuation, including interest.

Breach of contract and/or tort: defending an international claim
When an American supplier brought a £1 million claim against an importer for breach of contract and/or tort, the importer asked us to help them defend the action.

We showed that the claimed loss of profits was greatly overestimated and the supplier was financially unable to meet its obligations.

The supplier eventually dropped its claim and made a contribution towards the importer’s costs.

Accountants’ negligence: calculating reasonable losses
When a firm of solicitors was defrauded of more than £1million by one of its partners, the clients affected were compensated by insurers. They, in turn, brought a £3m negligence claim – including costs and interest – against the solicitors’ accountants.

We agreed that the accountants had been negligent; however, our quantum research found an overestimation of the losses, as well as large sums that should be excluded on causation grounds.

Settlement was reached at little more than £100,000.

Financial futures: resolving a foreign exchange dispute
A client resorted to litigation when there was confusion over interest charges on a foreign exchange dealing account held with a bank’s subsidiary.

BTG Forensic was appointed as single joint expert responsible for clarifying the situation and summarising who owed what to whom.

Following submission of our report, we chaired a round-table meeting between the parties, at which settlement was achieved.