In legal disputes the opinion of an expert valuer is often required.

The Appraisal Associates assists clients in understanding the quantum of the loss or in providing valuation opinions as an expert witness in the settlement of disputes or professional negligence claims.

• Expert Witness
• Disputes under the Articles of Association
• Intellectual Property

 

Expert Witness

The Appraisal Associates’s experts act as an expert witness in various types of legal dispute which require the opinion of an experienced valuation specialist.

As the technical background and issues that arise in legal disputes becomes more complex we have found that there is an increasing requirement for good quality expert witnesses.

Some examples of those instances where our experts often act as an independent expert witness include:

• Determining the quantum of loss arising out of a claim for breach of contract or breach of warranty
• Disputes involving shareholders of private companies
• Professional negligence claims

 

Disputes under the Articles of Association

There are many instances where a private company's shares are required to be valued in accordance with the Articles of Association or Shareholders' Agreement.

The provisions of these documents usually state that a value for the company's shares must be determined by a valuation expert. Such circumstances may include cases where a shareholder is wishing to sell his shares back to the company or to existing shareholders or where shares being transferred to existing investors or employees.

In these circumstances, it is important to obtain an independent opinion of value. In our opinion auditors, who generally provide ongoing advice to the company, are not independent for these purposes.

We have considerable experience in providing independent opinions of value in accordance with the Articles of Association and Shareholders' Agreements. We also provide pre-sale assessments of value and often assist in the drafting of the valuation provisions in the Articles of Association and Shareholder Agreements to ensure that all parties are aware of the valuation implications of these provisions.

 

Intellectual Property

The range of intellectual property we have valued include brands, trademarks, patents, copyrights, software, technology, customer contracts, customer relationships, databases, mailing lists and research and development assets.

Valuations are performed for various purposes including litigation, financial reporting, transactions, strategy and transfer pricing. For litigation purposes, we assist clients in evaluating the actual or potential losses in disputes concerning the exploitation and protection of intellectual property rights.

Our specialize and advice is also used by owners of intellectual property who wish to monetize their asset, either by entering into exclusive or non-exclusive license arrangements or through an outright sale. We perform valuations of the intellectual property involved and provide ongoing advice to clients regarding the most appropriate way in which to monetize their intellectual property.

Intellectual property valuations are increasingly required in financial reporting under the new international standards, IFRS 3 and IAS 38. These standards require purchased goodwill to be allocated between the identifiable intangible assets which usually include a wide range of intellectual property.

The Appraisal Associates has extensive experience of undertaking valuations of brands, trademarks, software and other intellectual property