Accounting litigation support

Expert accounting; settling of financial disputes and legal claims

Commercial contracts and transactions frequently lead to disputes between the parties. Forensic services specialists work with clients throughout the dispute resolution process to determine quantum or to present accounting evidence in legal proceedings. Our specialists aim to secure the best result possible through the resolution process.

Our team has extensive experience in interpreting financial information, quantifying damages and claims, determining purchase price adjustments in business sale agreements and guiding clients through expert determination and arbitration proceedings. Our experience enables us to assist clients in optimising the outcome of dispute resolution processes.

Potential issues

  • You need assistance with the quantification of damages as a result of a contractual dispute, warranty claims, professional negligence or personal injury
  • Your business was involved in an insurable or delictual event and you need assistance with a loss of profit calculation
  • You are involved in a business deal where allegations are made that the financial results of an entity did not fairly reflect its operations, which subsequently impacts the business valuation
  • You seek expert advice on purchase price adjustments relating to a business that has been sold
  • You have a major insurance claim to deal with
  • You require an arbitrator or mediator in financial disputes
  • You require assistance in assessing the value of a dissolved partnership or a divorced estate

How we can support you
  • We can assess the damages in monetary terms by utilising an expert accountant who is critical in quantifying damages arising from:
    • Contractual disputes;
    • Warranty claims;
    • Intellectual property disputes;
    • Professional negligence; and
    • Personal injury.
  • We can determine the quantum required to put you back in the position you would have been had the event not occurred. These calculations are often complex and require expertise and experience.
  • We investigate financial performance and/or support business valuations in litigation relating to shareholder disputes. When shareholder disputes arise that cannot be resolved it may be necessary for the shareholder to exit the business and that shareholding to be valued.
  • When a business is sold, the purchase price is often based on effective date accounts that are subject to adjustments. We can provide expert evidence on purchase price adjustments in terms of effective date accounts.
  • We investigate the financial aspects of insurance claims independently to assess their validity. We can assist in:
    • claim investigation;
    • business interruption;
    • claim assessment; and
    • fidelity/commercial crime claims.
  • We independently resolve disputes that are referred to us jointly by parties who require an expert view quickly. Our experience enables us to perform:
    • independent determinations;
    • expert witness work;
    • expert accounting interpretation of accounting entries and financial analysis; and
    • act as arbitrator or mediator in financial disputes.
  • In the dissolution of partnerships or divorce proceedings there are many aspects of dividing the estate that can be clarified by using the services of an experienced forensic accountant. We can value assets and business, and also identify assets held overseas and ultimately deemed to be part of the estate.

Some of our services
  • Quantification of damages
  • Loss of profits
  • Shareholder disputes
  • Sale and purchase agreement disputes
  • Insurance claims
  • Expert determination and arbitration

Contacts
Colm Tonge
Director
Johannesburg
Tel: +27 (11) 797 4007
Fax: +27 (11) 209 4007
Trevor White
Director
Durban
Tel: +27 (31) 250 3756
Horton Griffiths
Director
Cape Town
Tel: +27 (21) 529 2067
Fax: +27 (21) 529 3331

© 2008 PricewaterhouseCoopers. All rights reserved. PricewaterhouseCoopers refers to the network of member firms of PricewaterhouseCoopers International Limited, each of which is a separate and independent legal entity. The South African registered company PricewaterhouseCoopers Inc. Reg. no. 1998/012055/21 is an authorised financial services provider.
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