Dispute resolution

Helping clients save time and money through high quality analysis and early resolution

Disputes often arise from unforeseen events which result in claims for damages. These claims can be complex, as they are based on projected outcomes. We work with clients and their legal teams to address financial, accounting and economic issues throughout the dispute cycle.

Our team of accountants, lawyers, ex-regulators and data analysts can distill large volumes of complex information into concise reports for litigation, arbitration, mediation, expert determination and regulatory matters.

We have vast experience in using logical methodology to interrogate historical or incomplete information to develop forward-looking scenarios. We arrive at expert conclusions that can be relied on by clients and attorneys, in courts or arbitrations.

We establish the facts and provide complex data management, analysis and expert testimony. Our specialists provide independent insight when assessing the likely outcome. Our thorough, relevant analysis facilitates settling a claim or making an award.

Our methodology includes answering key questions that allow us to:

  • Crystallise and separate the quantum issues
  • Pinpoint key factors for sensitivity analysis
  • Determine the affected period
  • Compare projections with historical information
  • Establish a sound basis for comparison, including profit margins
  • Develop a financial model
  • Establish a range of values for a likely outcome
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Commercial

Frequently, commercial contracts lead to disputes between companies which require the assistance of a forensic accountant or independent expert accountant. This is especially true in recessionary times. We assist with quantification, trial preparation, discovery assistance and providing evidence in legal proceedings. Our team has extensive experience in interpreting financial information, quantifying damages claims and determining purchase price adjustments in business sale agreements.

We have expertise in the following areas:

  • Preliminary damages assessments
  • Accounting litigation support, expert accounting & witnessing
  • Insurance claims
  • Loss of profit or business interruption
  • Intellectual property infringements
  • Economic losses
  • Determining appropriate rates of return

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Alternative Dispute Resolution

Adversarial legal confrontations seldom result in an optimal outcome and usually have a winner and a loser. Parties to a dispute can wait years for a trial date in the High Court. It is no surprise, then, that the focus of commercial disputes has shifted from litigation to Alternative Dispute Resolution (ADR).

We act as independent adjudicators, commercial arbitrators and mediators.

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Transaction disputes

The market value of a business, or an interest in it, often leads to disagreement that require the skills of a valuation expert. When a shareholder wishes to exit a business but cannot agree on the price to be paid for their share, a dispute is declared.Often, shareholder agreements have a mechanism for appointing an expert valuer, whose opinion is final and binding. An independent valuation may also be required when an offer to purchase shares is made in terms of a shareholder agreement, when a shareholder is in material breach of their duties or when there is a change in ownership or control.

We act as independent valuation experts when parties cannot agree on the price to be paid and a binding opinion is required. We deploy highly skilled specialists and approach assignments in a transparent manner that facilitates participation by all affected parties. We also ensure that defined timelines are adhered to throughout the process.

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Regulatory

The financial and reputational risks of regulatory breaches and economic crime can be hugely damaging. With regulators and prosecutors being increasingly willing to scrutinise and take action against businesses, it has never been more important for companies to protect their reputation and maintain shareholder value.

Our team has a track record of giving clients insightful advice on dealing with regulatory investigations and enforcement proceedings. 

We help companies confront and deal with regulatory enforcement challenges by providing forensic accounting, financial analysis, advanced technology and regulatory knowledge.

We further assist clients that are:

  • facing penalties as a result of failure to manage their risks and comply with regulations
  • battling to meet the compliance demands and expectations of investors, legislators, regulators, customers, employees and other stakeholders

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Capital Projects & infrastructure

Our specialists investigate and analyse aspects relating to project management, programming and delay aspects with regard to capital project disputes. 

We support this process by assessing the quantum of claims and assisting with preparations for trial. The nature of these disputes often require a multi-disciplinary approach and careful project management for successful completion.

Our team includes:

  • Chartered accountants
  • Engineers
  • Quantity surveyors
  • Actuaries
  • Data capturers
  • Information technology specialists

As an independent advisor, we can add value by:

  • analysing the problem
  • supporting negotiations
  • giving independent advice
  • acting as expert witnesses

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Personal / family disputes

We help our clients to quantify the value of losses from personal injury and professional liability. We assemble and assess preliminary claim information, estimate losses and establish lost profits by applying methodologies that measure actual loss sustained.

We work with attorneys and take a proactive approach to maximising the effectiveness of the quantum aspects of each case. We have extensive experience in compiling expert reports for submission to the Court.

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Contact us

Trevor Hills
Partner , PwC South Africa
Tel: +27 (0)11 797 5526
Email

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