determining the amount of damages and loss of profit
We provide expert advice and the preparation of reports or analyses for injured clients, law firms, businesses and other entities.
We determine the value of damage or loss of profit in the following cases:
- damage caused as a result of restricting business activities,
- damage caused as a result of unfair competition,
- damage for breach of contractual or statutory obligations,
- damage for breach of the duty to act with due diligence or with due professional care.
Damage incured due to restricting business activities occur when an entrepreneur or enterprise was not allowed to conduct its business activities within a certain timeframe. In this case, the amount of damage is most often set at the level of lost profit. These expert opinions are chiefly drawn up for the purposes of legal enforcement of the set amount of damage.
Damage caused by unfair competition can occur, for instance, during a tender, but also due to the activities of competitors. Such damage is also caused by the actions of employees (either former or current) who disclose competitively and commercially sensitive information. For these and other similar cases, we offer expertise, whose objective is to determine the value of the damage caused for the purpose of its subsequent legal enforcement.
In connection with the analysis of damage and assessment of “inappropriate” commercial behavior of service providers and financial intermediaries (e.g. neglect of due professional care by securities traders and FOREX traders), we offer the following services:
- analysis of breach of the obligations committed by securities traders in relation to their clients,
- assessment of losses incurred as a result of breaches of the obligations of securities traders on capital markets (stock exchanges), both with respect to trading of stock and derivatives, structured products, etc.
- assessment of losses incurred as a result of breaches of the obligations of currency and currency contracts traders (FOREX).
- damage resulting from breach of the duty to act with due diligence, including analyses of tunneling (fictitious transfers, cross-controlling, circular controlling, unusual amounts of contractual fine, etc.).