Dispute Advisory

Any business interaction can lead to a dispute. PwC Ireland works with clients to establish the facts, analyse the issues, and develop effective dispute resolution strategies. Emerge stronger with our support.

Establish the facts. Analyse the issues. Develop a dispute resolution approach. It sounds simple, but this can be time-consuming and costly to tackle on your own.

It’s important to have a reliable, knowledgeable and capable team whether you’re preparing for or responding to a dispute or crisis.

We investigate the issues relating to claims and provide robust financial, economic and market analysis and objective expert evidence. We work with our clients to manage risk, save money and protect their value.

We work on disputes of all sizes, ranging from thousands to billions of Euros in dispute. We apply a consistent forensic approach and tailor our services to each particular case.

Expert advice when you need it

Disputes and litigation are a part of modern life. Most businesses will face a dispute situation from time to time. It may be with a supplier, a customer, an employee or a regulator. In today's environment, these disputes often involve complex financial, economic and business issues.

Calculation of damages or consequential losses
Completion accounts in dispute
Wrongful termination
Business interruption
Delay and quantum analysis on capital projects

Calculation of damages or consequential losses

What were the consequential losses suffered by you as a result of the actions of a third party?

Whether in litigation or another dispute resolution process, you and your legal team will require rapid data mining, modelling and analysis to make case critical decisions.

Our forensic specialists have dealt with complex quantum issues on many litigation matters. They can bring this wealth of knowledge to formulating quantum estimates unique to your case. We draw on our in-depth sectoral expertise to provide strategic advice, independent analysis and objective expert evidence.

Completion accounts in dispute

It is not uncommon for business transactions, such as mergers or acquisitions, to end with a dispute between the parties.They can disagree on the application of the purchase agreement, for example in relation to price adjustments, earn outs or locked-box mechanisms.

In some cases, transaction disputes are exploited by one of the parties to the deal. In others, disputes are a natural extension of the price negotiation.

Wrongful termination

What is the value lost to the claimant as a result of an alleged wrongful termination of a contract? This may be an employment contract, or a contract for services.

Business interruption

What were the stock losses, reconstruction costs or consequential losses as a result of an incident that interrupted your operations? The financial analysis supporting your claim needs to be robust and credible. Early and targeted action is key in ensuring losses are recovered, damage mitigated and reputation preserved.

Delay and quantum analysis on capital projects

Capital projects are inherently risky. Disputes can arise as a result of delays, cost overruns or variations. Should a project go astray, it can become a huge management distraction and lead to disputes that can last for years and result in large unanticipated costs.

A forensic accountant can help in establishing causal links between technical issues and their impact on project timelines and costs in the event of a dispute or claim. We can provide expert witness services to assist with a schedule or quantum issue, and negotiate and act as independent experts in mediation, arbitration and litigation.

Our dispute advisory services

Commercial disputes
Transaction and shareholder disputes
Insurance claims
Regulatory disputes

Commercial disputes

We help companies and their legal counsel to prepare calculations, analyses and strategies to resolve complex commercial disputes. We support them in presenting their financial and commercial position effectively.

We provide robust, unbiased, independent and professional opinions and testimony. We bring together the right forensic competencies, international experience, deep sector insights and advanced technology support. We can also advise on matters in complex commercial litigation, international arbitration, mediation and other alternative dispute resolution forums.

Our services include:

Reviewing initial information and providing preliminary analysis on loss headings and quantum
Calculation of loss or damages
Drafting assistance (letters before action, statements of claim, witness statements)
Independent opinions on technical accounting matters
Expert testimony
Assistance at mediations and settlement negotiations
Assistance in international arbitrations
Alternative dispute resolution services
Company and partnership valuations
Breach of contract
Professional negligence claims

Transaction and shareholder disputes

Our specialist team has extensive experience of advising either party in a transaction and can act as an independent expert to determine matters in dispute. We work on national and international disputes of all shapes and sizes, applying forensic rigour and analysis to everything we do. We assist clients with:

Planning and analysis in respect of the completion accounts process, in order to support a client’s position
Drafting an objection notice and negotiating areas of disagreement
Assessing the implications of earn-out mechanisms, determining whether targets have been met and quantifying the amount payable or receivable
Acting as independent expert to determine a matter in dispute
Preparing written submissions to an independent expert, reviewing the other party’s submissions and responding to information requests from the independent expert
Advising both claimants and defendants and their solicitors on the financial and accounting aspects of warranty claims

Insurance claims

We assist in managing claims and quantifying losses, both for clients or their loss assessors in bringing claims, and for insurance companies and other entities responding to and defending claims.

We help our clients to quantify the value of losses by drawing upon our specialised insurance and industry capabilities, as well as our experience of personal injury, property, business interruption and professional liability claims. We provide analytical support through every step of the claims process:

Help assemble and assess preliminary claim information
Establish plans to mitigate damages and resume business as expeditiously as possible
Identify and track expenses incurred in minimising business interruption,
Estimate losses in terms of policy coverage
Establish lost profits by applying actual loss sustained measurement methodologies
Assemble the information needed to facilitate payment by insurers
Identify and analyse the tax consequences/opportunities with respect to the loss

Regulatory disputes

Disputes can and do arise between regulators and regulated entities. Regulatory changes or amendments may give rise to areas of judgment or interpretation for regulated entities, particularly in relation to accounting treatments and calculations. The consequences of such actions can often be unintentional and give rise to areas of dispute between the parties.

Regulatory compliance plays a more critical role in business strategy than ever before. Activities directly related to government contact or regulations can trigger costly investigations, allegations, fines, sanctions and reputational damage. We can help you address evolving regulatory issues so that you can protect your business, strategy, reputation and value.