When shareholders or partners go their separate ways, disputes often arise over the value of commonly held assets. In my valuation experience, some of that friction occurs because the parties involved don’t understand two commonly misunderstood concepts in...
One of the downsides of COVID-19 has been an uptick in shareholder disputes, with cash-strapped business owners seeking to exit businesses or optimise their remuneration under the shareholders’ agreement. Shareholder disputes can be expensive; they’re emotionally...
A claim for loss of opportunity can arise in consequence of a contractual breach, negligence, personal injury, or misleading and deceptive conduct where the wrong results in the loss of a chance to profit, gain or benefit. Plaintiffs sometimes confuse the “loss of a...
What is an account of profits? An account of profits is an equitable remedy that may be granted in cases where a defendant has profited from wrongful conduct and is an alternative remedy to damages. Where available, a plaintiff may claim both remedies in its...
From a forensic accounting perspective, judgments handed down in the COVID-19 business interruption test cases have been the “gifts that keep on giving”. Firstly – as covered in our October 2021 article (which you can access by clicking [here]) – Justice...
The appropriate measure of damages will be determined by the circumstances of the claim being litigated and the remedies sought by the parties, and will principally be determined by: The nature of the wrongful conduct; and/or Whether or not the wrong was committed in...