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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll