The UK, following the USA trend, is becoming more litigious. Partners and business associates as well as employees are more likely to resort to the courts in order to settle disagreements. Whilst insurance claims and court cases to prove liability for personal injury have also risen in recent years.
In 2000 Lord Woolf recommended a series of reforms aimed at:

  • driving down the cost of litigation
  • allowing greater access to justice – leading to an increase in the number of no win no fee cases
  • encouraging the use of appropriate experts to bring disputes to an early conclusion thereby keeping costs down

Accountants have found themselves being called upon as “expert witnesses” and “mediators” in a wide variety of circumstances. Their special skills of understanding business practice, taxation and finance has placed them in a position where they can advise on a range of litigation issues.

How can ReesRussell help you?

Jonathan Russell is here to provide specialist services to help lawyers.  Our range of specialist services includes:

  • expert witness including single joint experts
  • quantum calculations
  • forensic accounting investigations
  • fraud investigations
  • mediation
  • arbitration

Single joint experts*
The Civil Procedure Rules require individuals who can bring an unquestionable level of independence to the case as well as extensive commercial acumen. Jonathan Russell’s reputation for concise, unbiased reports has resulted in frequent appointments as a single joint expert.

The ReesRussell knowledgeable team:

  • understands its duty to the court
  • understands the civil procedure rules
  • has appeared in witness cross examinations
  • is impartial, and understands its duty to point out weaknesses

*both parties agree to use one expert.

The team is regularly called upon to calculate the value in personal injury and pension loss situations. We will assess the amount involved for share and business valuations, insurance claims and professional negligence claims.

We are able to act for both claimants and defendants, strengthening our position as joint single experts. As well as calculating damages for past and future loss of earnings and pensions, we can advise on all related benefits in employment.

  • assessment of the amount of loss of earnings for claimant or defendant
  • assessment of pension loss
  • compilation of total future costs of care
  • structured settlements and reports
  • investment of damages awards
  • provision of expert witness or adviser for claimant or defendant
  • provision of single joint expert
  • provision of Court appointed expert
  • provision of mediation services, particularly in clinical negligence and Health Authority cases

In an action for professional negligence, liability will largely depend upon the claimant successfully demonstrating a breach of duty of care by the defendant, causing the claimant to have suffered reasonably foreseeable loss.
In such cases, our experienced professionals can assist in two principle ways:
as an expert to advise in cases brought against accountants and other financial advisers. And to assist the court in determining whether the defendant had exercised the level of skill and care to be expected of a reasonably competent accountant or financial adviser
to establish the amount (quantum) of loss experienced by the claimant

Potential fraud cases require careful handling. In some instances an extremely sensitive approach is required while others require a tougher stance. We are able to determine the most appropriate route and then act quickly, and in complete confidence, according to our instructions.

We can advise on:

  • asset tracing
  • fraudulent trading
  • false accounting and theft
  • theft and systems reviews

We can provide:

expert witnesses or advisers for claimant or defendant or act as a single joint expert.

In order to advise on commercial cases, it is vital to have a complete understanding of the marketplace and the factors that may affect a business. As well as applying our commercial expertise, our team can call upon experts across the firm to obtain a complete perspective in cases that involve:

  • loss of profits
  • business interpretation and consequential loss
  • breach of warranty
  • contractual disputes or share valuation
  • shareholder and partnership disputes
  • provision of expert witness or adviser for claimant or defendant
  • provision of single joint expert as ordered by the Court

The Woolf reforms encouraged the early use of mediation to keep down costs. Whilst the role of the arbitrator is a judicial role, in mediation the skills and knowledge of the mediator are vital.
Our qualified mediators use their skills to bring disputes to an amicable conclusion, avoiding the need to resort to the courts. They are frequently asked to mediate in contractual disputes, patent and intellectual property disputes, and partnership disputes.

Often contentious, the accountant mediator can use his specialist skills to achieve the maximum tax efficiencies, pension protection and funding for both parties.
The team can advise in the following areas that can lead to disputes:

  • valuation of business and corporate assets
  • extraction of funds from private companies
  • asset tracing
  • tax and other fiscal matters
  • Pension splitting

We can provide advice and, where relevant, mediation services in instances of:

  • director/shareholder disputes, including share valuations
  • loss of profits
  • theft of property (data, money or intellectual)
  • misuse of IT facilities
  • dismissal

The Woolf reforms encouraged the early use of mediation to keep down costs. The knowledge and skills of the mediator are essential if an agreement satisfactory to all parties is to be achieved.

Our ADR accredited mediator, Jonathan Russell uses his skills to bring disputes to an amicable conclusion, whether by running in parallel with the normal case management process or by avoiding altogether the need to resort to the courts. He has been frequently asked to mediate in contractual disputes, patent and intellectual property disputes, partnership disputes, family, matrimonial and employment disputes.

The role of the arbitrator is a judicial one, usually appointed by the courts. Arbitrators listen to petitions from both sides and then using their skill, experience and judgement rule on the outcome. Jonathan Russell as a member of the Institute of Arbitrators is an experienced and skilled arbitrator.