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Business Valuations

Posted on 24th January 2020 by Chris Makin

Your client is getting divorced, and the family business forms a significant part of the matrimonial estate.  Or your client is a director of a company and has been excluded from management decisions, probably coupled with a claim for constructive dismissal.  Or your client (or you?) has for many years been a partner in a…

As a forensic accountant I am often required to assist the Court by expressing my opinion on the “might have been” – on the reasonable balance of probabilities, what would have happened to a business but for the interruption suffered by the index event – fire, theft of intellectual property, death or personal injury of…

Family Matters

Posted on 5th December 2019 by Chris Makin

Accountants are into everything, aren’t they?  And that is especially true when things go wrong.  In these blogs you will have read (I hope) about how an accountant can act as expert in commercial litigation, can act as mediator in commercial disputes and much else besides, can investigate fraud, and can trace and quantify the…

What’s magic about mediation?

Posted on 9th November 2019 by Chris Makin

It often seems that the world of litigation lawyers divides into two camps: those who have never mediated, and those who are passionate advocates for mediation.  The third group – lawyers who have tried it and say “never again” – doesn’t exist. Why?  Well, it seems that the blandishments of many senior judges, including Lord…

Let’s turn to crime

Posted on 1st October 2019 by Chris Makin

Looking back at the blogs on this site, as well as the many articles I have written for law magazines, it is striking what a range has been covered.  In expert work we have had how to use an expert, how to understand business accounts, how to hold an expert meeting, partnership matters (including possible…

Mediation – do you have a choice?

Posted on 3rd September 2019 by Chris Makin

ADR stands for Alternative Dispute Resolution, being an alternative to formal litigation.  The term implies that parties and their solicitors have a choice: go down the litigation route, or the mediation route. But is there really a choice? I suggest not, on three authorities. First, from the executive summary of Jackson LJ’s Final Report in…

A couple of years ago, I had the doubtful privilege of giving a blatant example of the “expert” who failed in every respect.  The case was Van Oord Ltd & Anr -v- Allseas UK Ltd [2015] EWHC 3074 (TCC), where Mr Justice Coulson took pains to explain the twelve – yes, twelve! – respects in…

Musings of a Modest Mediator

Posted on 22nd May 2019 by Chris Makin

Last year I completed my one hundreth mediation (it’s 112 to date, at 80% settlement rate).  Now, a century may not be a huge number compared with those QCs who do nothing else, but it is a modest landmark, and it got me thinking about where I’ve come from, how I got where I am…

There is no doubt that mediation as an essential step in civil litigation is here to stay.  We’ve seen the Overriding Objective in Part 1 of the CPR; Lord Woolf’s early cases with costs penalties; from Halsey the onus falling on the party refusing mediation to show that their refusal was reasonable; powerful speeches from…

“It is ORDERED that the experts of like discipline shall meet, and shall discuss matters relevant to their opinions in this matter, and shall produce a Joint Statement, setting out those matters on which they are agreed, and those matters on which they have failed to agree, with a summary of their reasons for disagreeing.”…

Forensic Accounting

Mediation

Expert Determination

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I was very impressed by the way this case was resolved.