David Bunker Newsletter 2023

EXPERT REPORTS , MEDIATION & ARBITRATION

DAVID BUNKER A NEW ERA OF FORENSIC ACCOUNTING

David has had a long standing involvement with Dispute Resolution, and is a long established Member of the Chartered Institute of Arbitrators and the Academy of Experts. He has acted as an Arbitrator in both formal hearings and written matters, and has acted as both a Single Joint Expert and Party Expert on numerous occasions. These experiences have enabled him to apply his Accountancy expertise to a wide range of issues; shareholder and partnership disputes, business valuations, professional negligence claims, matrimonial disputes and insurance claims. He welcomes the range of work and professional challenge that each assignment demands

David Bunker Services

Qualified as a Fellow of the ICAEW while working for KPMG. In public practice as a Chartered Accountant from 1987 until 2020. Resigned from general practice to concentrate on Forensic and Expert Valuation work.

Wide experience of privately owned businesses, in valuing shares in those businesses. Particular expertise in partnership disputes and the concerns of business valuation.

Expert in determining disputes between public bodies and private contractors.

Experienced as an accountant in negotiating and acting as advisor in numerous financial settlements and business disposals.

Forensic Chartered Accountant Arbitrator, Member of Chartered Institute of Arbitrators

I have acted in over fifty arbitrations, both written and oral. I have a particular interest in business disputes between partner proprietors of a business, whether based as partnership or limited company, and commercial disputes between businesses.

Mediator Expert, Member of Academy of Experts

I mediate on a wide a range of commercial disputes and have gained a positive record of results. I have achieved notable success in enabling resolution by finding a middle ground that is acceptable to both parties.

Frequently nominated to act as Single Joint Expert and Party Expert reporting on matters relating to business valuation, calculation of profits, business dissolution and insurance claims and appearing in Court to present my findings in matrimonial and other matters

Contact David Bunker now for help on any of the above issues

DAVID BUNKER

Chartered Accountant& Forensic Expert

David has had a long- standing involvement with Dispute Resolution, and is a long established Member of the Chartered Institute of Arbitrators and the Academy of Experts

He has acted as an Arbitrator in both formal hearings and written matters, and has acted as both a Single Joint Expert and Party Expert on numerous occasions. These experiences have enabled him to apply his Accountancy expertise to a wide range of issues; shareholder and partnership disputes, business valuations, professional negligence claims, matrimonial disputes and insurance claims. He welcomes the range of work and professional challenge that each assignment demands

David has now announced that he has passed his established general accountancy practice on to other practitioners. This will enable him to concentrate fully on matters arising within the range of his professional expertise. In David’s opinion the move full time into the area of Forensic Accounting is well judged. ‘My impression is that there is a groundswell of unresolved financial and professional matters that are likely to rise to the surface as we gradually emerge from Lockdown’ he says.

Many of David’s referrals come from firms with whom he has existing professional connections. However, he would also welcome involvement with new contacts. ‘Some of these will be professional firms who have perhaps not used the services of a professional Forensic Accountant before; I am also receiving approaches direct from individuals at the early stage of a dispute who need guidance as to how to proceed’.

David would expect any new assignment to start with a general discussion reviewing the issue arising and considering the precise nature of the requirement for a Forensic Accountant to assist Just the very process of discussing the issue with an appropriate professional can often help to clarify the nature of the issue.

David Bunker now has time to dedicate himself to forensic accounting thus utilizing accounting, auditing, and investigative skills to conduct an examination into the finances of an individual or business David Bunker can supply forensic accounting and he will provide accounting analysis suitable to be used in legal proceedings so moving forward.

David is ready to take on any case moving forward in 2023.

I have been involved in resolving a great many commercial disputes either by means of Arbitration or by Mediation.I have a great respect for both processe but find it inescapable that some disputes get settled by Arbitration when Mediation would have been more appropriate and vice versa.

In this article I will highlight the salient differences and give some pointers as to which process to use.

The first difference is the availability of the process. Mediation is available as an option before proceeding to trial for almost any commercial dispute. Indeed, it is positively encouraged by the Court, who are likely to penalise a successful litigant who has declined to first try Mediation by restricting the Costs awarded. By contrast an Arbitration can only be entered into if there is a contractual agreement that Arbitration can be invoked in the event of a dispute, which pre- dates the dispute that has now arisen.

Both methods of Dispute Resolution are often presented as being relatively informal. This aspect has, perhaps, been overstated Both methods do offer a route for resolution of the matter in question without the formalities, costs and timescale of the Court, but they have built up their own procedures Both procedures can proceed as fast as both Parties are able, at a venue mutually agreed, and to that extent there are obvious cost savings.

In my experience a Mediation can be arranged more quickly than an Arbitration Hearing I have never been involved in an Arbitration Hearing where the Parties did not opt for a quasi judicial setting, with Counsel representing each side and Court formalities observed.

The crucial distinction between the two procedures is that an Arbitration results in a decision which is binding and a Mediation does not At the end of a Mediation the Parties can either come to an agreement or accept that they will meet each other again in Court.This is simply not the case with an Arbitration; the Arbitrator will provide a decision which is very difficult to overturn.

This crucial difference has a significant effect on the approach and demeanour of both Parties In my experience, some Parties enter a Mediation simply to test out the resolve of the other Party. This cannot be the case with Arbitration. The Arbitration Hearing is the first and final opportunity for each Party to present their case before an independent third party.