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21 February 2019 / George Sim
Issue: 7829 / Categories: Features , Profession , Expert Witness
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Loss of profits cases: the forensic accountant’s role

George Sim looks at the ways in which a forensic accountant can add value

  • Determining a loss of profits.
  • Addressing potential difficulties.

A business may suffer a loss of profits through breach of contract or tort (eg negligent installation of machinery), or as a result of events such as floods. In these situations solicitors may need to obtain advice and possibly an expert report expressing an opinion on the quantum of the losses.

External & internal factors

Forensic accountants will establish how a business earns its income and the nature of the costs it incurs. They will consider the circumstances of a loss which is the subject of a claim, reviewing external factors such as markets and the general business environment and internal factors such as management, cost structures and plans for the business.

Reviewing external factors involves putting the claim into the context of the claimant’s general financial position. It will be important to consider sales in the claimant’s business sector at the relevant

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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