Commercial Disputes & Litigation
Subject areas featured include intellectual property litigation, shareholder class action litigation, tax litigation, damages, solvency and a range of other topics relating to expert financial investigations (asset tracing engagements) and opinions.

This article addresses the considerations of an expert, tasked with quantifying claims for loss of profit, as part of claim for damages or compensation, as it relates to a ‘but-for’ scenario. This article also addresses the key documents that instructing plaintiff lawyers would likely need to help procure from its client to assist the expert to quantify damages.

The assessment date in the context of damages represents the point in time all of the losses, typically which may have accrued and continue to accrue over a period of time, are converted to a single number representing a ‘once-and-for-all’ lump sum amount as part of damages. This article focuses on the technical and thorny issues concerning the assessment date in damages and compensation.