Liability Denied - Pragmaticum

In all the examples given for our role where those responsible are prepared to accept liability there are inevitably cases where there is a denial of responsibility and if the business in question is to obtain redress for its loss it has to reverse this position.

In many cases where the parties have reached an impasse we have been able to resolve the matter by presenting a succinct argument that is supported by (invariably fresh) evidence.

We also find that businesses that assess losses themselves often overstate losses as a result of not understanding the principles involved. When presented with poorly argued and overstated claims it is unsurprising that it will be met with resistance. We have found that in the majority of cases when the losses are properly assessed and the methodology explained the claimant is happy to restate their losses knowing that they represent what has actually been lost.

Inevitably there are all too many cases where legal action has to be taken but for most this will be a step into the unknown, and one that can become an expensive distraction of the business.

Claim Co-ordination

When it is clear that a valid claim is not going to be met by the responsible party there has normally been a passage of time of several weeks or, more usually, a number of months or years.

When such cases are presented to us there is an initial exercise required to establish what the value of claim is likely to be, what the circumstances of the case are and the basis of the cause of action.

Valid cases are then pulled together in a presentation that are then put for review to one of our recommended legal firms to see if they agree with our assessment of the matter.

Assembling the Team of Professional Advisors

Having established the legal lead we will work with them to bring together what further expert opinion is required at this stage including getting Counsel’s opinion.

It is often the case that we are able to get opinions for little cost on the basis of our reputation and the quality of our initial triaging process.

Through the wide range of actions we have been involved in, from individual to group or indeed CAT (competition appeal tribunal), we have acquired a network of the very best experts who can be called to form a formidable team to take the matter forward.

Funding of Action

Taking a legal action forward is invariably a costly and risky exercise. As legal and associated costs have increased together with the other side’s (adverse) costs the traditional route of paying as you go is not always an option for a business particularly if it has suffered a major loss as well.

Having work done on a “conditional” basis has the advantage of removing (either totally or partially) a large amount of cost but it reduces the pool of legal advisors available as only a proportion will offer conditional fee agreements. It also introduces a dynamic where the motives are not totally aligned with the client.

We will bring the best funding package to the customer from the wide market we are familiar with having been involved at the beginning of claims funding ourselves.

Quantum Assessment

The central part of a claim is how much the loss is that is being claimed. It is essential that not only is the assessment correct but the supporting arguments and evidence are compelling.

It is important to properly value the claim at the outset not only for the purpose of the legal action but also in determining the funding structure and negotiating strategy.

It is of little value to succeed in the legal argument only to find the award is largely eaten up by the costs of the action.

Our expertise is in financial loss assessment not in acting as expert witnesses. So although we will have done the initial assessment of loss for the purposes of the legal action we will brief and work with others who will appear in court.

Strategy and Influence

From getting the case off the ground through to getting it funded and heard in court there are always times when there is a need for experienced oversight to advise on tactics and strategy – we are always the party the claimant turns to for “down to earth” advice.