Litigation Support: The PricewaterhouseCoopers Guide to Forensic Analysis

and Accounting Evidence, 5th Edition

Resource type: Book
Status: Published on 01-Dec-2009
Jurisdictions: England, Wales

This Bloomsbury Professional book provides detailed coverage on forensic accounting and financial analysis in dispute resolution. Fully
updated to all the latest information on this complex area, the book is split into two sections. Part one provides a detailed insight into the
way forensic accountants apply their skills to a variety of different types of litigation and dispute cases and will be relevant to those
instructing expert accountants as well as practicising accounting experts. Part two serves as a general introduction to the process of
dispute resolution through the Courts, arbitration and other available forms of resolution. The editors and other contributors have acted as
experts and advisers in a wide variety of commercial disputes. This book reflects their experience and insight and provides all the relevant
background information that a practitioner requires from High Court procedures and court etiquette to the role and responsibilities of the
expert witness under the Civil Procedure Rules.
Chapter 4 and the index are FREE to view, as a sample of the book's contents. To view the other chapters, please subscribe to Books
online.
Gerry Lagerberg and Christian Butter

Table of Contents
Introduction: the accountant as expert witness
Part I Technical aspects
Chapter 1 A general discussion of damages
WHAT ARE DAMAGES?
SOME UNDERLYING CONCEPTS
RESTITUTIONARY DAMAGES
LIMITATION TO DAMAGES
ISSUES AFFECTING QUANTUM
EXPROPRIATION
COSTS OF PREPARING CLAIMS
POSTSCRIPT
Chapter 2 Loss of profits: how to calculate them

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COLLECTION AND INTERPRETATION OF DATA

CALCULATION OF LOSS OF PROFITS
VAT
LOSS OF REPUTATION
SUMMARY

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Chapter 3 Breach of warranty claims

THE LEGAL STATUS OF WARRANTIES
EXAMPLES OF FINANCIAL WARRANTIES
PROVING BREACH OF WARRANTY
MATERIALITY
DE MINIMIS CLAUSES
ISSUES ARISING IN PROVING BREACH
HINDSIGHT
EVENTS AFTER THE REPORTING PERIOD
CONSISTENCY
INVENTORY PROVISIONS
COLLECTING OLD DEBTS
COMPLETION ACCOUNTS
DAMAGES ARISING
THE GENERAL RULE
THE VALUE AS WARRANTED
THE VALUE AS WAS: OPPOSING ARGUMENTS
DOUBLE COUNTING
CONCLUSION
Chapter 4 Valuations for court purposes
THE ROLE OF VALUATIONS IN DISPUTES
DEFINING THE ENTITY TO BE VALUED
METHODS OF VALUING A BUSINESS ENTITY
VALUATION OF NET TANGIBLE ASSETS
SOME ODDITIES EXPLAINED
INFORMATION GATHERING
LOSS OF INVESTMENT OPPORTUNITY
THE IMPORTANCE OF ASSUMPTIONS
SUMMARY
Chapter 5 Construction contract claims

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Introduction
THE NATURE OF THE CONSTRUCTION INDUSTRY
TYPES OF CONTRACT
STANDARD FORM CONTRACTS
VARIATIONS
DIRECT LOSS AND/OR EXPENSE
UNDER-TENDERING
INFLATION
ANALYSIS OF CLAIMS
SUMMARY
Chapter 6 Personal injuries
INFORMATION GATHERING
CALCULATION OF LOSS TO DATE OF TRIAL
CALCULATION OF FUTURE LOSS
CALCULATION OF OTHER RELEVANT FACTORS
PERIODICAL PAYMENTS
NON-PECUNIARY DAMAGES
FATAL ACCIDENTS
CASE EXAMPLES
SUMMARY
Chapter 7 Divorce
ESTABLISHING THE FINANCIAL RESOURCES
RECENT CASE LAW REGARDING APPROPRIATE RELIEF
PRE-NUPTIAL AGREEMENTS
VALUING SHARES IN A PRIVATE COMPANY
TAX ASPECTS
THE FINANCIAL SETTLEMENT
CONCLUSION
Chapter 8 Professional negligence: accountants

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General background
The court's view of professions
The main causes of trouble for the accountancy profession
ESSENTIAL CONSTITUENTS OF A SUCCESSFUL NEGLIGENCE CLAIM
QUANTIFICATION OF DAMAGE
SUMMARY
Chapter 9 Commercial fraud
INTRODUCTION
WHEN DOES FRAUD OCCUR?
THE LEGAL FRAMEWORK
CRIMINAL PROCEDURE IN THE UK
RELEVANT INTERNATIONAL LEGISLATION
POWER TO OBTAIN INFORMATION
INTERVIEWS
FRAUD AND THE AUDITOR
Chapter 10 Intellectual property disputes
INTRODUCTION
DAMAGES FOR INFRINGEMENT
PREPARATION OF THE FINANCIAL REPORT ON DAMAGES
SPECIAL CONSIDERATIONS FOR THE EXPERT
CURRENT DEVELOPMENTS
CONCLUSION
Chapter 11 Reinsurance contract disputes

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INTRODUCTION
THE LANGUAGE OF REINSURANCE
THE CAUSE OF DISPUTES
THE ROLE OF THE ACCOUNTANT
EXAMPLES OF MATTERS AFFECTING REINSURANCE DISPUTES
THE SCHEDULING PROCESS

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CONCLUSION
Chapter 12 Information technology system disputes
INTRODUCTION
BASIC PRINCIPLES OF DAMAGES
DAMAGES FOR BREACH OF CONTRACT
LOSS OF PROFITS OR WASTED COSTS
SUMMARY
Chapter 13 Security for costs
INTRODUCTION
THE PURPOSE OF AN APPLICATION FOR SECURITY FOR COSTS
FINANCIAL EVIDENCE
THE REPORT TO THE COURT
CONCLUSION
Chapter 14 Interest and foreign currency: their effect on damages
INTRODUCTION
INTEREST
EFFECT OF FOREIGN EXCHANGE ON DAMAGES
CONCLUSION
Chapter 15 Taxation of damages

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INTRODUCTION
INCOME TAX AND CORPORATION TAX ON INCOME
TAX ON CAPITAL GAINS
INHERITANCE TAX
VAT
DAMAGES SUBJECT TO REDUCTION FOR TAX EFFECTS (THE GOURLEY PRINCIPLE)
THE TAX PERIOD
DEDUCTIBILITY OF DAMAGES FOR TAX PURPOSES
TAX ON INTEREST
TAX ON AWARDS MADE IN FOREIGN CURRENCY

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CONCLUSION
Chapter 16 Regulatory work
INTRODUCTION
COMPANY INVESTIGATIONS
DISCIPLINARY INVESTIGATIONS AND TRIBUNALS
PUBLIC INQUIRIES
COMPETITION REGULATION
CONCLUSION

Part II Legal procedure and practice administration

Chapter 17 High Court procedures
INTRODUCTION
THE COURTS
THE PLAYERS IN THE JUDICIAL SYSTEM
HIGH COURT PROCEDURES
COSTS
THE COST OF IT ALL
Chapter 18 Hints for cross-examination
INTRODUCTION
COURTROOM BEHAVIOUR
PREPARATION FOR CROSS-EXAMINATION
THE EXAMINATION
SUMMARY
Chapter 19 Arbitration and other forms of alternative dispute resolution

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INTRODUCTION
ARBITRATION IN INTERNATIONAL DISPUTES
ADVANTAGES AND DISADVANTAGES OF ARBITRATION
THE ARBITRATION PROCESS: THE MAIN STEPS
PROCEDURES FOR LARGE CASES
THE ACCOUNTANT'S ROLE

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DISPUTE RESOLUTION BY AN EXPERT

ASSISTING WITH PRIVATE SETTLEMENTS
Chapter 20 Day-to-day practice notes
INTRODUCTION
THE NEW CASE
ADMINISTRATION
THE ACCOUNTANT'S REPORT
MEETINGS OF EXPERTS
CONCLUSION

APPENDICES
Appendix A A legal lexicon
Appendix B An accounting lexicon
Appendix C Valuation of businesses
Appendix D Building contract disputes: overheads formulae
Appendix E Comparison of delay analysis methods in construction disputes
Appendix F Divorce proceedings: step-by-step process to obtain ancillary relief
Appendix G A brief summary of domestic fraud-related legislation
Appendix H Do's and don'ts in cross-examination
Appendix I Civil Procedure Rules applying to Expert Witnesses
Appendix J An example of a letter of instruction
Appendix K An example of terms of reference and fee arrangements
Appendix L Sample Expert's Declaration for cases in England and Wales conducted under CPR
Appendix M Sample Expert accountant's report on compensation claim
Appendix N Visual presentation of evidence
INDEX

Resource information
Resource ID: B-000-1540
Published: 01-Dec-2009
Products: All Bloomsbury Books, Book: Litigation Support: The PriceWaterhouseCoopers' Guide to Forensic Analysis and Accounting Evidence

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