Courts and tribunals in the United Kingdom
Loss of profits expert evidence adapted to the procedural rules of the forum, from CPR Part 35 to Daubert to the IBA Rules on Taking of Evidence.
Coverage
Where We Are Instructed
UKForums High Court (King's Bench, Chancery), Commercial Court, TCC Standard CPR Part 35 / Practice Direction 35 compliant reports
England & Wales
UK-ARBInstitutions LCIA, CIArb, RICS arbitration Evidence IBA Rules on Taking of Evidence
UK Arbitration
INTL-ICCRules ICC Rules of Arbitration Evidence IBA Rules on Evidence Expert practice Party-appointed and tribunal-appointed experts; written reports disclose methodology, assumptions, and documents relied upon; oral examination at hearing common
ICC International Court of Arbitration
INTL-LCIAFocus London-seated and international commercial arbitration Evidence LCIA Rules · IBA Rules on Evidence Expert practice Joint reports and concurrent evidence (hot-tubbing) may be directed; quantum experts prepare for tribunal-led examination
LCIA
INTL-SIACFocus Asia-Pacific commercial and investment disputes Evidence SIAC Rules · IBA Rules on Evidence
SIAC (Singapore)
INTL-ICSIDFocus Investor-state dispute settlement: profit loss quantum Approach DCF and discounted future earnings models common
ICSID (Investment Treaty)
USForums Federal courts · State commercial courts Standard FRE Rule 702 / Daubert standard
United States
EUFocus Major civil law jurisdictions · Cross-border commercial disputes Approach Jurisdiction-specific expert evidence rules applied
European Union
Evidence Standards
Methodology Standards by Jurisdiction
How loss of profits expert evidence standards differ by forum, critical for report structure and disclosure.
Arbitration & Court Standards
- Can you provide a loss of profits expert for ICC arbitration?
- 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.
- How do CPR Part 35 and Daubert differ for loss of profits experts?
- Under CPR Part 35 (England & Wales), the expert's overriding duty is to the court; reports must disclose instructions, methodology, and the substance of material assumptions. Under FRE Rule 702 / Daubert (United States), the court acts as gatekeeper, expert testimony must rest on sufficient facts, reliable principles, and reliable application. Both require transparent, defensible methodology; the disclosure and admissibility frameworks differ.
- What do the IBA Rules require of a loss of profits expert?
- Under the IBA Rules on the Taking of Evidence in International Arbitration, party-appointed and tribunal-appointed experts typically produce reports that set out instructions, documents relied upon, methodology, assumptions, and conclusions. Experts may be examined at hearing. Loss of profits reports in ICC, LCIA, SIAC and similar forums are commonly prepared with IBA Rules in mind alongside the applicable institutional rules.
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