After the disclosure of Forms E, the Financial Statements of each of the parties, we often have an active involvement in seeking clarification and further information in relation to data provided in the parties’ Forms E or in the supporting documentation.
We assist instructing lawyers in obtaining further information to ensure that assets are included at realistic amounts in the parties’ Forms E, e.g. updated valuations and accounts of private companies in which the parties have shares. We are also likely to request detailed information on businesses identified in the parties’ Forms E with a view towards “improving” the valuation process, e.g. updated financial statements, details of “one-off” income and expenses and data on management remuneration.
There are many instances in which the type of information sought by us results in early settlements without the need to incur significant costs in protracted negotiations and our attendance as expert witnesses in court.