Damages Digest
Our valuation and damages experts provide reports in around 100 new disputes each year and have over 1,650 days of combined testifying experience. We have brought together that experience in the Damages Digest to assist our clients.
Reliable, independent damages calculations are critical to litigation and arbitration proceedings
The quantification of forward-looking claims for loss suffered by a party in a dispute commonly takes one of two forms: an analysis of lost profits, or an assessment of the market value of an asset that has been lost, or damaged.
What methods are used to determine losses? What are some of the common pitfalls and challenges? What do lawyers need to consider when preparing a case or submission? Our experts consider these and other questions relating to damages and valuation calculations.
Valuation in Disputes: Navigating Uncertainty
Valuation in Disputes: Navigating Uncertainty
What do we mean by value, how do we define the valuation question? What are some common valuation methods and how can a valuer seek to navigate the uncertainty that can exist in valuing assets?
The Use and Misuse of Hindsight
The Use and Misuse of Hindsight
When might it be appropriate to rely on actual outcomes as a proxy for expectations at an earlier date of assessment? What issues relating to hindsight might arise in those circumstances?
A Considered Roadmap for Country Risks in Valuations
A Considered Roadmap for Country Risks in Valuations
Businesses may face different risks depending on where they operate, but why does a business's location affect its value? Why do valuers use different methods to adjust for country risk and what should valuers consider when applying different methods?
What About Wasted Costs?
What About Wasted Costs?
What are the different ways of assessing wasted costs? What evidence is needed to substantiate the claim? Are pre-contractual costs or internal employee time recoverable?
Not to be Overlooked: Taxation and Currency Issues in Damages Awards
Not to be Overlooked: Taxation and Currency Issues in Damages Awards
What effect do tax and currency have on the quantification of losses? What issues can arise? How can these be addressed in a proportionate way?
Bigger Isn’t Always
Better: The Use of Statistical Samples
Bigger Isn’t Always
Better: The Use of Statistical Samples
How can statistical sampling be used in situations with very large sets of data and documents? What challenges are there? What pitfalls can you avoid?
Life After LIBOR: Interest on Damages
Life After LIBOR: Interest on Damages
Given this new era of life after LIBOR, how is interest calculated? What is the purpose of an award of interest on damages? How best can those purposes be achieved? What alternative options to LIBOR are available?
The ‘Modern’ DCF Valuation Approach: Theory Versus Practice
The ‘Modern’ DCF Valuation Approach: Theory Versus Practice
How does the ‘modern’ DCF approach differ from the standard DCF approach? Does it provide an effective way to remove some of the challenges in assessing risk? What are the practical challenges in applying this approach?
The Art and Science Behind Damages in Investment Management Disputes
The Art and Science Behind Damages in Investment Management Disputes
What are the primary challenges when calculating damages and how can empirical evidence inform counterfactual assumptions?
Quantification of Environmental Damage
Quantification of Environmental Damage
How can we quantify the loss caused by an environmental disaster? Traditional economic concepts are difficult to apply, what are some new methods that are being explored?
Meet Our Damages and Valuation Experts
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True Value in Australian Post-Acquisition Disputes
True Value in Australian Post-Acquisition Disputes
What is true value and how does it differ from market value? How it has been applied by Courts in Australia?
DCF: Gold Standard or Fool’s Gold?
DCF: Gold Standard or Fool’s Gold?
Fools gold!
The Use of Relative Valuation Methods in Investment Arbitration
The Use of Relative Valuation Methods in Investment Arbitration
Relative Valuation!
The Three C’s of Country Risk in Valuation: Clarity, Consistency and Credibility
The Three C’s of Country Risk in Valuation: Clarity, Consistency and Credibility
How can valuers use CRPs to account for country risks when preparing DCF valuations?
Calculating Patent Infringement Damages under UPC Rules
Calculating Patent Infringement Damages under UPC Rules
What is the economic impact with regard to damage claims at the UPC? What to expect in a damage assessment at the UPC?
Valuation & Damages Principles
Methods of Assessing Damages
Data Analysis
Investment Management Disputes
Environmental Damages
Intellectual Property
Valuation & Damages Principles
Methods of Assessing Damages
Data Analysis
Investment Management Disputes
Environmental Damages
Intellectual Property
NEW
NEW
NEW
What About Wasted Costs?
What About Wasted Costs?
What are the different ways of assessing wasted costs? What evidence is needed to substantiate the claim? Are pre-contractual costs or internal employee time recoverable?
Valuation & Damages Principles
The ‘Modern’ DCF Valuation Approach: Theory Versus Practice
The ‘Modern’ DCF Valuation Approach: Theory Versus Practice
How does the ‘modern’ DCF approach differ from the standard DCF approach? Does it provide an effective way to remove some of the challenges in assessing risk? What are the practical challenges in applying this approach?
Methods of Assessing Damages
Data Analysis
Investment Management Disputes
Environmental Damages
Quantification of Environmental Damage
Quantification of Environmental Damage
How can we quantify the loss caused by an environmental disaster? Traditional economic concepts are difficult to apply, what are some new methods that are being explored?
NEW
NEW