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Cases we have handled


Calculation of Damages arising from a restraint of trade:

We were instructed by solicitors acting for two former employees of company E. They had left their company and set up an employment recruitment agency but Company E had obtained an injunction restricting their ability to trade. In a subsequent hearing the injunction was overturned. We were asked to calculate the loss of business opportunity. The matter subsequently proceeded to arbitration and our clients won substantial damages. – Re E

Calculation of Damages arising from a pre-contract misrepresentation:

We were instructed by a company director whose company had entered into a franchise contract with a quoted public company. He had invested in the franchise based on forecasts produced by the franchisor. The company, which was in the parcel delivery business, never came close to achieving the forecast profits and soon ran out of operating funds, so that the franchisor had to lend money to the company. Eventually the franchisee failed and the franchisor sought to enforce a personal guarantee on the company director, demanding £350,000. We demonstrated that the forecasts were wrong both in fundamental principles and in base line revenue and costs. After extensive negotiation not only was the £350,000 demand withdrawn but we obtained £225,000 of damages. Re SW

Calculation of Damages arising from an Intellectual Property dispute:

We were instructed by solicitors who were acting for a Japanese clothing manufacturer where a breach of copyright terms had been upheld in favour of the copyright holder. We were asked to create a report identifying the faults in the copyright holders experts report on the quantum of damages. This involved detailed analysis of manufacturing and shipping records as well as the original contract. The report resulted in a substantial reduction in the damages that actually had to be paid. Re Y

Calculation of damages in a claim in relation to defective goods:

We were instructed as Joint Single Experts, instructed by both parties in settling the damages in a contractual dispute and acting for the Court. We produced a report which eventually resulted in a mutually agreed settlement – Re I

Calculation of damages and consequential losses arising from breaches of warranty in a purchase/sale of a business:

In 2004 we were approached by two businessmen who had purchased a manufacturing business. After acquisition they discovered that for many years there had been a substantial fraud operating between employees of the primary customer and the previous owners and directors of the company purchased. Litigation was extremely complex as the clients had invested all their funds in the business that started to fail. We worked with our clients to establish the size of the losses which was very substantial. Fraudulent activity was detected over at least a ten year period and probably longer and the amounts defrauded ran into many millions of pounds. Our clients took the matter to the police and the former directors were found guilty of fraud and each sentenced to 6 years imprisonment. The court gave leave for our clients to enter into a civil action for breach of warranties in the sale contract. We acted as expert advisors in these proceedings and calculated the consequential losses. In 2008 our clients were awarded £8.1 million in damages in a landmark case where they were able to claim on the assets frozen as a result of the criminal trial– Ref 4 Eng Ltd This is a leading case - 4 Eng Ltd v Harper & Simpson [2007] EWHC 1568 (Ch); [2008] EWHC 915 (Ch), [2008] All ER (D) 400 Apr