Deloitte Forensic works with businesses and their legal advisers across all types of dispute forums (both domestic and international), in different jurisdictions, and across a wide range of industries.
Drawing on our deep expert witness, financial analysis, damage quantification, and discovery capabilities, we can provide a host of services throughout what may be described as the ‘dispute lifecycle’.
Our Expert Witness services are a key element of the dispute process, with quantum (that is, the ‘how much’ question) resting at the heart of any dispute, be it litigation or domestic / international arbitration. Our Expert Witness services comprises of the preparation of reports for the court and/or arbitral tribunal, the setting out of our assessment of the economic substance of the disputed matter, which often involves a quantification of loss and damage and laying out supporting evidence, as well as oral testimony in front of the court and/or the arbitral tribunal.
Deloitte experts also work a Court/Tribunal-Appointed Experts to provide a single expert report based on the opposing parties’ submissions.
In addition, we can provide pre-dispute assistance before any formal process commences, for example, by bringing an accountant’s lens when considering one party’s actual performance against the contractual terms. We can provide pre-action advice around the likely areas of quantum, the mechanics and merits of potential heads of loss, evidential requirements to support the case and so on. This service offering can also be termed as “claim due diligence”, which can be particularly valuable for providers of third-party litigation funding.
Further, we offer Expert Determination services in alternative dispute resolution processes, not involving formal court or tribunal proceedings, typically in a post-M&A dispute setting, where the buyer and seller cannot agree the completion accounts adjustment, or the earn-out components.
Our professionals can also offer Consulting (Non-Testifying) Expert assistance ahead of, or in parallel with, separately instructed Independent (Testifying) Experts, to explore elements of the case in ways not limited by the scope of independent work, which clients often find advantageous.
We work closely with our Forensic Technology team who is able to extract and organise both structured (i.e. databases, enterprise systems, etc.) and unstructured (i.e. email messages, audio files, etc.) data to provide the evidential basis of a claim, and has extensive experience of every stage of the electronic disclosure process.
Dispute forums we have worked in:
- Contract-Based Disputes
- Domestic Arbitration
- International Arbitration
Services we provide:
- Pre-Dispute Assistance
- Dispute Advisory
- Expert Witness Reports and Testimony
- Expert Determination
- Court/Tribunal-Appointed Experts
- Class Actions And Claims Management
Typical disputes we work on:
- Commercial Disputes
- Join-venture disputes
- Post-M&A (SPA) Disputes
- Tax Disputes
- Competition Disputes
- Intellectual Property Disputes
- 'Investor vs State’ Disputes
- Insurance Claims