Wednesday, 12 August 2020

Dispute resolution

Businesses obviously do not look forward to lawsuits, but there is no way to avoid them altogether, unfortunately. Suppliers, sub-contractors, employees, or customers may sue you for damages, or you may wish to file a claim for damages yourself for breach of contract or tort.

A claim can be filed by an individual party or concern a mass claim.

Litigation is time-consuming and is not generally part of a company’s day-to-day activities. Hermes Advisory has the expertise and experience to help you in this regard (Litigation Support). If you wish, we will work closely with your own lawyer or in-house counsel.

Besides claims for damages, litigation can also arise from financial disputes over a business transaction, a shareholder buy-out, or a settlement with an employee.

Our professional experts are regularly invited to appear in court to give expert testimony on behalf of parties. Subject to the rules of conduct that require us to be objective and professional, we can help you substantiate your claim for damages and strengthen your position in a lawsuit or arbitration case. We can also provide counter expertise if you yourself are sued for damages and experts have written a report with which you do not agree. Or we can assist if the tax authorities have imposed an additional tax assessment on you. Our critical evaluation of the case may strengthen your position in court considerably and may also save you a lot of money.

If parties are unable to resolve a financial dispute amicably and the case consequently goes to court, the court will often appoint a court expert to clarify the financial intricacies. Our experts are regularly called in on such cases and know what is expected of them.

Our experts are forensic accountants and valuation experts. They are listed in the National Register of Court Experts (Landelijk Register van Gerechtelijk Deskundigen) and registered as experts with the courts. They can help you avoid or settle financial disputes, preferably (of course) before the dispute lands in court. However, we can also assist you when judicial proceedings are inevitable. We have an extensive network of legal experts and lawyers who we can assign to your case if you so wish. We also have experience in negotiating settlements between parties.

Businesses obviously do not look forward to lawsuits, but there is no way to avoid them altogether, unfortunately.

Inge Lisa Toxopeus – Partner in Hermes Advisory

Forensic and general valuations

Valuation is an art! Placing a value on a business or on a stake in a business involves much more than simply adding up balance sheet items, whether or not they have been adjusted based on accrued hidden reserves in the company. A proper valuation also requires a detailed study of the business as such and the market in which it operates; that exercise will eventually result in a calculation model specifically designed for the business in question. Our experts are not just accountants, but also valuation specialists with ample experience in the field.

We make use of their expertise to support transactions such as mergers and acquisitions or a shareholder buy-in or buy-out. Forensic valuation takes things one step further in that it involves a valuation of an asset or business in the context of a legal dispute. Forensic valuation is a sub-branch of valuation. People often argue about a valuation because they lack important, essential information. The missing information makes the availability of evidence-based scenarios prepared by an independent third party all the more crucial. Such scenarios may be required if a fire has destroyed a company’s records and accounts and the damage must be assessed, or if two partners in a business are arguing and the partner in charge of accounting refuses to surrender all or part of the business accounts. Even in these circumstances, our experts are able to deliver a targeted and effective valuation report.

For more information, please contact:

Inge Lisa Toxopeus: +31 6 240 90 270 (mobile phone)