Commercial Dispute Resolution

Business disputes are unfortunately a fact of life, but their swift and sensible resolution is important for all parties. An independent expert accountant can be crucial in assessing the financial consequences of a dispute and in presenting relevant, corroborated and persuasive arguments to the other side and to the Court​.

At Armstrong Watson, we can help with all manner of commercial disputes, including:

  • Loss of profits
  • Shareholder/partnership disputes
  • Business interruption
  • Product liability
  • Breach of contract
  • Breach of warranty and misrepresentation

Whether as an expert or in an advisory capacity, we bring clear and original financial thinking to your litigation team. We excel at objectively looking at the evidence, analysing and summarising the figures and presenting this in an understandable way.

We are regularly asked to work with personnel from the businesses involved, helping them to identify the necessary evidence required to support or defend the claim and quantify the loss. Given that claims can be emotive, we can also help you explain to clients the strengths and weaknesses of their claims and manage their expectations.

Where matters proceed to mediation, we can support you on the day by providing timely and helpful financial input into the settlement considerations and, if needed, re-work the numbers to reflect different scenarios. Our use of technology enables us to readily update the calculations based upon the issues agreed.

If the case proceeds to arbitration or trial, we have extensive experience of presenting the pertinent arguments and numbers, both in our reports and in the witness box. Whilst the data and financial issues can sometimes be complex, we specialise in presenting this in a logical and clear way that can be readily understood and assimilated by the Court.

If you would like to find out more about how we are able to assist you, please get in touch.

Contact our Forensic accounting team on 0808 144 5575 to discuss how we can help you.

Case Studies

   Breach of a joint venture agreement

We were instructed by the Defendant who had terminated a joint venture agreement (‘JVA’) in the renewable energy sector. A claim for loss of profits was being brought by their JVA partner in respect of early termination. Our work involved looking into the commercial operation of the JVA prior to termination, which the Defendant claimed was deficient, as well as assessing the profits achieved from the project prior to termination and the likely ongoing profits, if the JVA had run full term. We reviewed the Claimant’s accountancy expert’s report and prepared our own in response. We held a joint meeting and prepared a joint statement to identify the key issues between the experts. We attended the mediation and assisted our lawyers in understanding the financial impact of the concessions made by either party. The matter settled at mediation for a significantly reduced amount compared to that originally being claimed.

   Damages arising from delay in a construction matter

We were recently asked to assist in a construction dispute in relation to the movement of a massive manmade structure. As with many construction matters, the claim arose from the lack of a clear methodology for quantifying the amounts due to a subcontractor for extensive delays that were not their fault. We worked alongside the lawyers and the quantity surveyor in identifying the relevant elements of the contract and developing a methodology for calculating the compensation due to our client, which was within the terms and context of the agreement between the parties. We prepared short-form reports on various issues of an accounting nature, which necessitated us visiting the client’s international head office to go through the management accounts with members of their in-house accounting team. The matter settled on good terms prior to the commencement of formal arbitration.

   Breach of contract

We were instructed by the Defendant to provide a view on the potential damages flowing from the breach of a distributorship agreement with a US company in respect of articulated dump trucks. Given allegations regarding the performance of the agreement, we were required to perform a detailed analysis of both the income arising from and the expenses relating to the agreement, and in particular the Claimant’s set up costs. We were also required to consider comparative data from some of the Defendant’s distributors in other territories. We presented our findings and views in a report. The matter proceeded to a hearing at the London Court of International Arbitration and Matthew Geale gave oral testimony. Many of our figures were used by the Arbitrator in his Judgment and the calculation of the award of damages.

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