England & Wales · CPR 35 / FPR 25

BVExperts

Breach of Warranty & M&A Dispute Business Valuation Expert Witness

M&A litigation often centres on whether the target business was worth what the buyer paid. Warranty and indemnity claims, disputed completion accounts, locked box adjustments, and earn-out calculations all require independent valuation evidence quantifying diminution in value.

Expert witnesses reconstruct the position at completion, apply appropriate methodology, and compare warranted versus actual value. They address whether alleged misstatements in management accounts or forecasts materially affected enterprise value.

These matters are typically governed by CPR Part 35 in the Commercial Court or Chancery Division. Experts may also support arbitration under institutional rules where valuation is in dispute.

Common questions

When is a valuation expert needed in M&A litigation?
Valuation experts are needed when warranty claims allege the business was worth less than represented; completion accounts are disputed; earn-out calculations are contested; or a locked box mechanism produces an unexpected result. The expert quantifies the diminution in value caused by the alleged breach.
How is diminution in value calculated in warranty claims?
The expert calculates the difference between what the business was worth with the warranty being true (the warranted value) and what it was actually worth at completion. This requires both a factual reconstruction of the position and an application of the appropriate valuation methodology.

Next step

Ready to instruct a business valuation expert witness?

Submit your case details and we will match you with a qualified expert for English and Welsh proceedings under CPR Part 35 or FPR Part 25. Response within one business day.

Instruct an Expert Witness

Choose which optional categories we may use. Necessary cookies are always on because the site cannot function without them.

Necessary cookies

Security, load balancing, consent storage, and core navigation. Required for the service.

Analytics

Helps us understand how the site is used (e.g. Google Analytics, Hotjar) so we can improve content and performance.

Marketing

Used to measure ad effectiveness and remarketing where applicable (e.g. Meta Pixel, LinkedIn Insight, tags via GTM).

Preferences

Remembers choices such as region or UI preferences when we add features that rely on them.

You can change your mind anytime via Cookie settings in the footer. See our Cookie Policy and Privacy Policy.