Damages Expert Witness Services

Eight core quantum services - from loss of earnings and pension loss to commercial lost profits, IP infringement, and international arbitration.

Loss of Earnings Quantification

Our forensic accountants quantify past and future loss of earnings in personal injury, clinical negligence, and employment tribunal claims. Analysis covers net earnings, self-employed income, director remuneration, Smith v Manchester awards, and handicap on the open labour market - all capitalised using the Ogden Tables and prescribed discount rate.

Methodology

Step	Detail
Document review	Tax returns, P60s, accounts, and employment records for 3–5 years pre-incident
Maintainable earnings	Establish pre-incident net earnings baseline adjusted for tax and NI
Future loss model	Apply multiplier/multiplicand using Ogden Tables and discount rate
Schedule of Loss	Prepare structured Schedule with supporting calculations and assumptions

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Pension Loss Assessment

Pension loss quantification for personal injury and fatal accident claims - covering defined benefit schemes, defined contribution employer contributions, and state pension loss. Complex schemes may require actuarial CETV analysis alongside forensic accounting.

Methodology

Step	Detail
Scheme analysis	Review pension statements, scheme rules, and membership history
Loss quantification	Calculate annual pension loss using Ogden Tables 35–38
Actuarial liaison	Coordinate with actuary for complex final salary schemes
Report	Expert report compliant with CPR Part 35 duties

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Future Care Cost Quantification

Quantum experts capitalise annual care costs assessed by care experts, applying Ogden multipliers. Following George v Biggs [2023], full accommodation costs are recoverable. We model lump sum and periodical payment scenarios for clinical negligence and catastrophic injury claims.

Methodology

Step	Detail
Care expert input	Review occupational therapist or nurse care assessments and costings
Capitalisation	Apply Ogden multiplier based on life expectancy and discount rate
Accommodation	Calculate full capital cost less existing property deduction
PPO modelling	Compare lump sum vs periodical payments indexed to ASHE

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Commercial Loss & Lost Profits

Commercial damages experts construct counterfactual financial models to quantify lost profits, wasted expenditure, and consequential losses. Analysis addresses Hadley v Baxendale remoteness, mitigation, and causation for High Court commercial disputes and arbitration.

Methodology

Step	Detail
Counterfactual model	Project financial position but for the breach
Loss quantification	Compare projected vs actual outcomes for each head of loss
Remoteness	Address Hadley v Baxendale for consequential losses
Expert report	Structured report with transparent assumptions for cross-examination

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IP Infringement Damages

Expert witnesses quantify compensatory damages and account of profits in patent, trade mark, and copyright infringement cases. Analysis supports the claimant's election between remedies and addresses additional damages under CDPA s97(2).

Methodology

Step	Detail
Lost profits	Quantify sales and margin lost due to infringement
Reasonable royalty	Analyse comparable licences and hypothetical negotiation
Account of profits	Calculate infringer's profits for election purposes
Report	Present all remedies to inform strategic election

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IP Infringement Damages

Professional Negligence Quantum

Damages quantification for solicitor, accountant, and financial adviser negligence - applying but-for methodology, SAAMCo scope of duty limits, and Allied Maples loss of chance principles.

Methodology

Step	Detail
Scope of duty	Identify losses within SAAMCo scope of the retainer
Counterfactual	Model position had professional performed competently
Loss of chance	Apply probability discounting for contingent outcomes
Causation	Address attribution between negligence and other factors

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Professional Negligence Damages

International Arbitration Quantum

Quantum economists and forensic accountants for international arbitration - applying Chorzów Factory full reparation, DCF methodology, fair market value, and IBA Rules on Evidence standards across English law and civil law systems.

Methodology

Step	Detail
Applicable law	Identify substantive damages law governing the dispute
Valuation method	Select FMV, DCF, or lost profits approach
Model construction	Build supported financial projections with sensitivity analysis
Tribunal evidence	Expert report and hot-tubbing preparation

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Investment Treaty Damages

Expert Determination & ADR

Forensic accountants appointed as expert determiners to resolve quantum disputes under contractual expert determination clauses - providing binding or non-binding assessments of damages without full litigation.

Methodology

Step	Detail
Terms review	Analyse expert determination clause and procedural rules
Submissions	Review party submissions and supporting financial evidence
Determination	Independent quantum assessment with reasoned decision
Award	Deliver determination within contractual timeframe

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