Lyne Opinion Ltd - Services

By: Lyne Opinion  05-Apr-2012
Keywords: Dispute Resolution

Independent business and share valuations

The size, complexity and reasons for share or business valuations vary greatly, but with every valuation it is vital to understand the wider issues and "rules" so as to correctly state value.

We are experienced advisors and business valuers, and our opinions have a reputation for independence and robustness. We can quickly and efficiently provide a comprehensive well-researched report that will withstand challenge from opposing parties.

Typical valuations opinions include:

  • Business valuations
  • Company valuations
  • Share valuations
  • Minority interest valuations
  • Minority interest rights pursuant to ss 110 – 115 of the Companies Act 1993
  • Intellectual property valuations
  • Issue of new shares
  • To help resolve disputes between shareholders, partners or owners
  • Impairment valuations for IFRS
  • Relationship property
  • Valuation of goodwill
  • For Inland Revenue Department purposes
  • Cost of capital
  • To assist in divestment, acquisition or amalgamation decisions
  • Takeover Panel reports

Expert evidence in litigation

Forensic accounting is a process of investigation utilising financial and business knowledge and experience to reveal the full story behind the numbers. We have more that 15 years of experience in preparing reports and evidence for matters that are either before the courts, or may go to court or other dispute resolution forums. The successful resolution of complex, high stake commercial and personal disputes is of paramount importance to the parties involved and their advisers. Having a credible and experienced expert can deliver a significant strategic advantage.

The nature of the disputes we deal with are constrained only by what people are in conflict about and accordingly the subject matter or our opinions vary widely. Examples include:

  • Valuation of businesses and shares
  • Determining quantum of damages
  • Relationship property valuations including
  • Value of businesses or shares for relationship property purposes
  • S15 economic disparity claims
  • Expert evidence in respect of compensation claims – S9A, s 17, s18, s18B, s 44c, s182
  • Value of a "bundle of rights"
  • Value of "package of rights"
  • Loss of profits
  • Insurance claims
  • "Fair" rates of return
  • Whether financial statements present a "true and fair" view

Quantifying loss of profits and economic loss

"Exactly how much can we claim in damages" is a question posed by people who have suffered through the wrongful actions of someone else.

We have extensive experience in the role of an expert witness in quantifying economic loss across a variety of claims involving many industries.

An expert witness cannot be an advocate. However, part of the role is to correctly specify and critique the underlying assumptions of a case and to rebut opposing evidence. This can have a huge impact on the resulting quantified loss. An expert also needs to understand the role and requirements of legal counsel and other main participants in the dispute process. In response to these needs, we offer as part of our service:

  • A sense of urgency and commitment to the case
  • An ability to communicate with a lay audience, and
  • An ability to convey a sense of independence and authority.

Other services

Independent Reports

There are times when it is imperative to have a report from an independent reputable person that clearly answers the question of it with fear or favour. We have the requisite skills to deliver independent reports at short notice on complex financial matters. We have a reputation as credible specialists in the market, and are able to offer assistance to directors, owners or other parties seeking an unbiased view. We are less likely to have conflicts than many larger organisations.

Typical examples of where independent reports are required:

  • When directors need an outside opinion on a difficult issue
  • For Takeover Code purposes
  • For Stock Exchange purposes
  • The issue of new capital.

Employment issues

Employment relationships can give rise to the need to value the rights accruing to an employee such as:

  • Value of incentive schemes
  • Value of employee owned shares
  • Whistleblowing investigations – investigations pursuant to the Protected Disclosures Act 2000.

Arbitration and mediation services

Alternative dispute resolution methods can save time and money, and have a positive impact on relationships compared to traditional court based approach. Brendan Lyne is a trained and practicing arbitrator and can assist in disputes that would benefit from specialist financial expertise e.g. disputes as to the value of goodwill, business or share values, lost profits and accounting interpretation.

Keywords: Dispute Resolution

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