Forensic Investigations

Partnership disputes

Our main areas of involvement in partnership disputes are in relation to the requirement for a forensic analysis of the past declared trading results of the business, where one of the parties is disgruntled, or to value the partnership where there has been an irretrievable breakdown. Our valuation experience is extensive and we are happy to provide a forensic analysis of past trading results. We normally provide an initial report on the past trading results to determine whether the expense of a full forensic investigation is warranted.

Insurance claims

Insurance claims normally result in a claim for loss of profit. Whether this is caused by fire, flood, professional negligence or some other act or omission which has led to a loss of profit, we can provide a professional assessment of quantum. Often, the individual or company that has suffered the loss will have their own accountant and the natural reaction of the client is to ask their own accountant to value the claim. Not only do such reports suffer from lack of independence, but invariably a general practice accountant will not have the expertise to provide a report which maximises his client's claim, both under the policy and the general law. Furthermore, a general practice accountant will not have the experience and expertise necessary to defend the report in Court, if necessary. For these reasons it will normally be in your client's best interests to have an experienced independent forensic accountant valuing the claim.

Fraud investigations

You may be acting for a client who has either committed a fraud or who has had a fraud committed against them. In either circumstance, we have the expertise to consider large amounts of financial information and provide detailed reports setting out a professional opinion on the fraud allegations. Furthermore, we are experienced at attending case conferences and giving evidence in court in criminal cases.

Breaches of the Financial Services Act

Accountants are under an obligation to give Investment Business advice only up to the limit specified by their authorisation under the Financial Services Act. We can give expert advice as to whether or not an accountant has breached the terms of either their authorisation or other provisions of the Financial Services Act in connection with Investment Business.

With regard to other professionals, we can provide an independent assessment of the quantum of the claim. In particular, we can value the loss that has arisen through incompetent advice given by pension advisers or other investment analysts.

General forensic accounting assignments

No matter what the case, if you are having difficulty valuing the claim then you should call on our litigation support department.

We have valued claims against banks for failure to comply with their own terms and conditions, against insurance companies for uninsured losses, against professionals for negligent advice, against pension advisers for incompetent advice, against pension companies for failing to pay out the correct pension on retirement and in connection with claims (or counter-claims) against accountants solely in relation to the size of their invoices.

Generally, we assist you and your clients whenever a professional independent assessment of quantum is required.

Home

Hilton Sharp & Clarke