KS International Financial Consulting
 

Forensic & Litigation Services

Our forensic accounting specialists are qualified Chartered Accountants, and are highly experienced in providing expert witness and financial investigation services. Cases undertaken range from small commercial disputes to international multidisciplinary matters, and include the following:

We also have a team of Compulsory Purchase Orders specialists, who advise on all the issues relating to CPO compensation claims.

Our forensic accounting team is able to draw on decades of dealing with a wide variety of cases. This enables our experts to provide practical, commercially minded advice to assist parties in resolving disputes at an early stage where appropriate, but also means they have the experience to see cases through to Court where settlement is not achieved. Where we are instructed to carry out investigations into suspected financial irregularities or improprieties, we are aware of the sensitive nature of these inquiries for the organizations instructing us, and we conduct our work with this in mind.

In addition to being qualified Chartered Accountants, all of our experts are full members of the Academy of Experts and the Expert Witness Institute, and so have been accredited by clients who have instructed them. The team is able to draw on specialist expertise and resources from other departments within the firm. In addition this provides access to fellow member firms of Morison KSI (an international association of accountancy firms, of which Kingston Smith is a founding member) and IAG International (an international multidisciplinary association of professional firms). As well as undertaking UK cases, we have been instructed on cases with an international dimension, including the following jurisdictions: France, Cyprus, Italy, Canada, Monaco, Ireland, Serbia, Macedonia, India and Bangladesh.

We are always happy to be involved in cases at an early stage and offer a free one hour consultation to discuss the merits of cases which may need forensic accounting input.

  1. Compulsory Purchase Order

    We can advise on all the issues that may arise in a compensation claim:

    • Extinguishment vs relocation
    • Mitigation of losses
    • Betterment, worsenment and equivalence principles
    • Pre and post vesting losses

    Our expert financial knowledge of valuations and business interruptions, coupled with our detailed understanding of the specific legalities of compulsory purchase compensation, ensures the award of a fair level of compensation. We can advise both those using compulsory purchase powers and those affected by a CPO.

    Our CPO team is well placed to assist in all stages of negotiation, drawing on their contacts and experience to ensure complex issues are managed with the necessary expertise and correct focus.

    For acquiring authorities, we take a commercial approach, working as a team with clients and/or other professional advisers to review and analyse claims to the extent that our client requires. Where appropriate, we calculate alternative measures of compensation and conduct meetings with opposing experts to negotiate a settlement. We are also experienced in progressing claims through to the Upper Tribunal (Lands Chamber), assisting Counsel in cross-examination issues and giving expert evidence.

    For clients whose business premises are compulsorily acquired, our team understands that the impact of the CPO can commence well before the affected premises are actually vacated. We can advise from an early stage on the nature of losses you are likely to suffer and help you maintain the necessary evidential trail from the start. We will deal with your claim in a realistic and practical fashion right through to post-award tax planning, allowing you to focus on what matters – getting back to running your business.

  2. Computer Forensic Services

    Our computer forensic experts conduct digital investigations and forensic examinations in the corporate and law enforcement industries. We also capture and recover evidence held on computers, servers, PDAs, mobile phones, electronic storage devices and back-up media.

    We maintain industry-leading certifications such as Certified Forensic Computer Examiner (CFCE), Certified Information Systems Security Professional (CISSP) and Encase Certified Examiner (EnCE).

    Our experts prepare work for both civil and criminal matters in accordance with standards for evidence collection and handling recommended by the Association of Chief Police Officers and the National High Tech Crime Unit.

    This specialist expertise complements our forensic accounting and expert witness services for prosecution/ claimant or defendant/respondent (or as Single Joint Expert).

    We can undertake the following work:

    • The capture of data retained in the system background of different
    • devices, on site or remotely
    • The recovery of deleted or corrupted data
    • The tracking of email, other document flows and internet usage
    • Email analysis
    • Data mining
    • Document management.

    Typical assignments include:

    • Sales or purchases fraud
    • Profit siphoning
    • Other fraudulent activity
    • Breach of fiduciary duty
    • Intellectual property theft
    • Wrongful trading
    • Employment disputes
  3. Forensic Accounting Bangladesh

    Our team members have been providing forensic services with their earlier employers for more than 25 years. We are uniquely positioned with their earlier employers with an established multi-skilled forensics capability, which eliminates issues such as coordinating the work of separately engaged forensic accountants, IT specialists and recovery experts; and makes the service we provide much more client-friendly and cost-effective.

    Our forensic accountants have conducted hundreds of investigations and forensic examinations internationally, in both the corporate and law enforcement areas. We have testified as expert witnesses in many court cases and maintain industry-leading certifications.

  4. Forensic Recovery Services

    Where companies have failed, directors and other parties may have contributed to the collapse through negligence, misconduct or the misappropriation of assets. Ultimately, it is the creditors who will incur substantial losses.

    Funding litigation – The problem

    All too often, action is not taken to recover losses due to lack of funding. Strong claims may be dropped if it is perceived that recovery proceedings amount to throwing good money after bad. Although powers and remedies are available, the associated costs of investigation and litigation have created a climate where those powers are seldom used effectively.

    Litigation funding solution

    Our team of specialist forensic investigators and insolvency practitioners can take a “no win, no fee” approach to investigating and pursuing claims. The benefit for potential claimants is that strong claims can be pursued with a reduced financing risk.

    Forensic IT

    To assist investigations, we also have access to a specialist team of forensic computer experts. These specialists can deliver cost-effective capture, recovery and analysis of electronic evidence from computers and hand-held technology, including mobile phones and PDA devices.

    Experience

    For many years and with considerable success, we have been providing litigation funding solutions coupled with our recovery services in the pursuit of claims which would otherwise have been abandoned.

    Our work has resulted in substantial recoveries for claimants in circumstances where they would otherwise have been unable to pursue a strong recovery action effectively.

    Our Approach

    Each assignment is the personal responsibility of one of our experienced specialist licensed insolvency practitioners.

    We will assign a specialist team of multi-disciplinary professionals and, where possible, make use of conditional fee agreements and ‘after the event’ insurance policies to minimise the funding requirement from the client.

    The stages of our work may be summarised as follows:

    • Initial review
    • Means investigation
    • Appointment of liquidator or trustee
    • Forensic investigation
    • Recovery action

    Interim progress reports and advice will be provided as the matter proceeds.