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Five Tips – from a Quantum Expert. Torte Club Richard Formby FCA MAE www.FormbyForensics.co.uk. Typical use of a Forensic Accountant, PI & CN. Employed / salaried claims Career modelling & ranges Pension losses Share Options Employment benefits & perks Business related claims.
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Five Tips – from a Quantum Expert Torte Club Richard Formby FCA MAE www.FormbyForensics.co.uk
Typical use of a Forensic Accountant, PI & CN • Employed / salaried claims Career modelling & ranges Pension losses Share Options Employment benefits & perks • Business related claims
Tip 1:- Manage claimant & their expectations • Information – a timely flow • Sound assertions • Loss of Chance – explain • Poor records = implications • Contribution towards costs / ‘cost v benefit’ – particularly if there is going to be a ‘heavy’ battle over quantum
Tip 2:- Consider if better using acct. as an Expert Adviser, rather than as Expert Witness • Help with dynamics of losses / steering path / evidence gathering / evidence presentation • Pass over complex quantum calculations • Good risk management • Assistance with tricky client • Court permission not an issue • Recover costs as an Agent
Tip 3:- Consider use of Preliminary Quantum Advice • Good for ‘loss scoping’ • Tactical benefits:- Useful where Loss of Chance aspect Also useful where problems with causation, liability, contrib. etc. • Basis for court permission • Present wide range of alternative outcomes • Quantum platform for RTM and w/p negs.
Tip 4:- Manage your CPR Quantum Expert ! • Agree on a plan / budget / keep ongoing dialogue on costs/ monitor • Meetings –present/ notes / recordings – help w/s drafting • Ask for shopping lists of evidence needs • Limit drafts of report (if you can) – saves costs • Fewer range alternatives = less costs = lesser neg. position – an equation • Para 63 CJC Guidance 2014 – focus areas of material difference • Para 58 CJC Guidance 2014– separate opinions on each hypothesis • Para 73 CJC Guidance 2014 – Cl’s expert’s ‘right of reply’ • Para 35.9(3) Practice Direction – agendas for experts meetings
Tip 5:- Consider use of Quantum SJE • In right circumstances:- Salaried claimants – alternative career models Earnings, Pensions and Employment Benefits • Lose privileged access • Still need to understand scope of losses • Claimant needs access to expert earlier that defendant • Scope for use in Fixed Costs Environments
Thank you! Torte Club - 26 July 2017 Richard Formby FCA MAE www.FormbyForensics.co.uk