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Loss of Profits Expert

Financial trading charts and market data on a screen
Global Loss of Profits Expert Witness

We Quantify Lost Revenue.

Independent forensic accounting and financial expert witness services for loss of profits claims — breach of contract, business interruption, IP infringement, and commercial disputes — worldwide.

Laptop showing charts and financial analysis
Breach of ContractBusiness InterruptionIP InfringementProfessional NegligenceWasted ExpenditureMarket Loss
The Discipline

Why Profit Loss Is Complex.

Quantifying lost profits is not estimation. It is forensic reconstruction of a commercial counterfactual.

The Counterfactual
What would the business have earned but for the event?
The Mitigation
What steps has the claimant taken to reduce the loss?
The Methodology
DCF, market comparison, or statistical modelling — the choice matters.
Loss of Profits Methodologies

How We Model the Loss

Methodology selection is the foundation of a defensible expert report. The right approach depends on the data available and the nature of the claim.

Before & AfterEstablished business with pre-event trading history
Yardstick / ComparableWhen claimant's own data is unavailable or unreliable
Discounted Cash FlowLong-duration loss claims, projected future profits
Incremental AnalysisSpecific contract losses
Market ShareIndustry-wide market data available
Full methodology guide →
Instruction Process

From Brief to Report

01 Brief

We review the instruction, claim type, jurisdiction, and available financial records within one business day.

02 Expert

We match a loss of profits expert to the claim type, forum, and methodological requirements of the matter.

03 Scope

We provide a written scope and fee proposal before any substantive work begins.

04 Delivery

Expert report prepared to the procedural standard required — CPR Part 35, FRE 702, or arbitral rules.

Global Reach

Courts & Tribunals Worldwide

UK High CourtICCLCIASIACICSIDAAAUS FederalEU Courts
View all jurisdictions →
FAQ

Loss of Profits — Common Questions

Q.01

What is the before and after method for loss of profits?
The before and after method (also called the before and after approach) is a loss of profits quantification methodology that compares the financial performance of a business before the event that caused the loss with its performance after the event. The difference in revenue or profit — adjusted for non-event factors — represents the loss. It is most commonly used where the claimant has a reliable pre-event trading history.

Q.02

What is the yardstick method for loss of profits?
The yardstick method (also called the comparable business method) quantifies loss of profits by reference to the financial performance of a comparable business — one that was not affected by the event that caused the claimant's loss. It is particularly useful where the claimant is a new business without an established trading history, or where pre-event records are unavailable or unreliable.

Q.03

How is business interruption loss of gross profit calculated?
Business interruption loss of gross profit is calculated using the gross profit rate — the ratio of gross profit to turnover in the period before the interruption — applied to the shortfall in turnover during the period of indemnity. The gross profit rate is derived from the business's historical financial statements. Increased costs of working incurred to mitigate the loss are added, subject to the policy's provisions.

Q.04

How are lost profits calculated in a patent infringement case?
In patent infringement cases, lost profits are calculated by asking what the patent holder would have earned but for the infringement. This typically requires establishing: (1) demand for the patented product; (2) absence of acceptable non-infringing alternatives; (3) the claimant's capacity to exploit that demand; and (4) the profit that would have been made. Where actual lost profits cannot be established, a reasonable royalty analysis provides an alternative measure.

Q.05

Can you provide a loss of profits expert for ICC arbitration?
Yes. Loss of Profits Expert provides independent expert witnesses for ICC international arbitration proceedings. Expert reports are prepared in accordance with ICC Rules of Arbitration and the IBA Rules on the Taking of Evidence in International Arbitration. Our experts are experienced in producing reports for international arbitration that meet the evidentiary standards and procedural requirements of the ICC and other international arbitration institutions.
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Quantify the Loss. Win the Case.

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