header-logo header-logo

24 June 2022 / George Sim
Issue: 7984 / Categories: Features , Profession , Expert Witness
printer mail-detail

Expert witness: Managing client expectations

85524
  • Indicators of problems in a business.
  • Implications for the quantum of claims.

Businesses’ future prospects are an important factor in various types of litigation including commercial litigation, certain professional negligence claims, personal injury claims involving self-employed claimants and matrimonial cases in which one or more of the parties is a business owner. Loss of profits claims based on continuing losses will generally be computed on the basis of expected future profits and most business valuations will take account of projected earnings.

If a business’ financial statements show that performance has been poor in the past few years, it is unlikely its prospects will improve if, as seems likely, there will be little growth in the UK economy in the near future. It is probable, therefore, that legal advisers will need to take declining financial performance into account in discussing the quantum of claims in the current economic climate, whether by managing the expectations of claimants in terms of what can realistically be claimed or by advising defendants that claims against

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll