A Forensic Accounting Expert Witness plays a key role in court cases that require specialist knowledge and expertise of financial transactions, business operations and performance, personal financial affairs, and taxation. A forensic accounting expert witness will help the court to understand often complex financial issues and assist in reaching an informed decision. Expert Court Reports can offer a forensic accounting expert witness service founded on wide experience as an expert witness in criminal, civil and family courts and private cases on behalf of Prosecution, Defence, Claimant and Defendant. In most circumstances we can turn around a report within 21 days of instruction.
Below are some of the most frequent questions we are asked regarding our forensic accounting expert witness service.
What Does A Forensic Accounting Expert Do?
A Forensic accounting expert provides specialist advice in legal cases involving the consideration of financial matters. A forensic accounting expert witness may provide an opinion on a range of matters including (please note this list is not exhaustive):
- The loss of earnings of a self-employed claimant in a personal injury or negligence claim
- Loss of profits of an owner-managed business as a result of an injury to the principal
- Future losses in the event of continuing loss
- Loss of capital value of a business following a loss
- Loss of profits a business has suffered as a result of a business interruption
- The effect of taxation on loss of profits or income
- The value of a business in a divorce
- The tax effects of disposing of a business or a shareholding in a divorce
- Assessment of earnings of contributing parent in Child Maintenance Services claims and appeals
- Tracing personal financial assets
- Tracking movements of funds in fraud cases
- Assessing benefit under Proceeds of Crime Act
As soon as you engage our services your case will be allocated to a highly qualified forensic accounting expert witness who will take the time to understand your needs and the details of the case and will gather the information needed. Based on this an expert witness report will be prepared which will set out their findings and opinion in a manner which is understandable and helpful to the court and which complies with Part 35 of the Civil Procedure Rules and the Part 35 Practice Direction. A forensic accounting expert witness will, where required, attend court and present and explain their findings under cross-examination.
All our experts are required to be fully conversant with the role of expert witness and with the Rules and Practice Directions of the relevant court.
What is a Forensic Expert Witness Report?
A forensic accounting expert witness report will help the court to understand the details of financial matters and how they relate to the matters of law under consideration. The report may explain:
- How the performance of a business has been affected following an injury to a principal of the business
- How a self employed person’s earnings have been affected after an accident
- How the future earnings or profits have been affected by an accident
- How a business’s financial position has been affected by say a fire or storm damage
- What the effect of personal, corporation or capital gains tax is on loss of earnings or profits
- What the value is of a person’s shareholdings in a company for divorce settlements and what the tax effects would be of selling
- What a contributing parent’s true earnings are for assessing maintenance under the Child Maintenance Services
- What happened to money suspected of being stolen or obtained by fraud
- Whether a convicted person benefited from crime under the terms of the Proceeds of Crime Act
Forensic Accounting Experts
A Forensic Accounting Expert has a combination of business experience and technical accounting skills which enables them to identify the key issues in a case; undertake the detailed analysis necessary and explain its significance to the court.
A Forensic Accounting Expert will consider questions such as:
- Was the business growing, declining or static?
- What other factors were involved – e.g Covid, Brexit?
- What has been the performance of similar businesses?
- What was the value of similar businesses?
- What is the best way to value the business?
- Is the movement of funds between accounts explained by known facts and of a nature and scale that would be expected?
- Does an individual have earnings which from other identifiable sources?
- What are accepted accounting principles and have these been applied?
A Forensic Accounting Expert will if necessary have discussions with an expert from the other side and prepare a joint statement which helps the court by identifying areas of agreement and disagreement or will with the agreement of both sides produce a report as a jointly appointed expert.
Instructing Our Forensic Accounting Services
If you would like to instruct our highly specialised Forensic Accountant, Mr Barry Minnery or if you would like to find out more about how we can assist you in your legal case please call us on 01865 587865, email us or request a call by completing our online form.
Should you choose to engage our services our forensic accounting expert witness will need as much information as possible, including, but not limited to:
- The specific purpose of the expert report
- Type of case (personal injury, negligence, criminal, family)
- The details of the case
- Particulars of Claim
- Witness statements
- Medical reports
- Court directions
- Financial information
The cost of the forensic accounting expert witness report will be explained in full at the outset and will be based on the time needed to undertake the assessment, analysis and draft the report.