Previous month Previous day Next day Next month
By Year By Month By Week Today Search Jump to month
Download as iCal file
IN-PERSON SEMINAR: Ex Ante and Ex Post Assessments of Damages – Crystal Balls vs. Rearview Mirrors? (19 Sept 2024, 5.00pm - 7.00pm (GMT +8))
Thursday 19 September 2024, 05:00pm - 07:00pm
Hits : 6075
Contact This email address is being protected from spambots. You need JavaScript enabled to view it.

Seminar Synopsis

When quantifying damages that accumulate over an extended period—be it years, months, weeks or even just days—two crucial questions often come up:

  1. What information can be used in the assessment?
  2. How can we best convert a series of ongoing losses into a single lump sum?

To address these questions, two principal methods are commonly used: the ex ante approach and the ex post approach.

Ex Ante Approach: Ignoring Hindsight Information

The ex ante approach calculates losses based on information available at the time of the breach. This method avoids using any information that became available after the breach, being commonly termed ‘hindsight information’.  Typically, a discounted cash flow (DCF) model is employed to discount the series of losses back to their present value at the time of the breach.

Ex Post Approach: Incorporating All Information

Conversely, the ex post approach utilises all information available up to the trial date, including data obtained after the breach.  This approach aims to provide a more accurate reflection of actual losses by incorporating post-breach developments and outcomes.  Similar to the ex ante approach, a DCF model is used, but here the losses are discounted to their present value at the time of the trial

Hybrid Approach: Combining Perspectives

In some jurisdictions, courts may adopt a hybrid approach. This starts with an ex ante assessment but allows for the inclusion of some post-breach information. This method seeks to balance the predictive nature of ex ante calculations with the accuracy provided by ex post data.

This seminar will compare and contrast these 3 approaches.

Programme

4:45 - 5:00pm

Registrations & Refreshments
5.00 - 5.10pm
Opening Remarks by Moderator
Ms. Meryl Koh - Director, Dispute Resolution & Intellectual Property, Drew & Napier LLC
5:10 - 6:10pm
Ex Ante and Ex Post Assessments of Damages - Crystal Balls vs. Rearview Mirrors?
  • Mr. Iain Potter - Executive Vice President, J.S. Held LLC
  • Mr. Oliver Watts – Partner, Osborne Partners
6:10 - 6:30pm

Moderated Panel Discussion and Q & A

6.30 - 7.00pm

Networking Buffet

About the Speakers

 

Mr. Iain Potter - Executive Vice President, J.S. Held LLC

Iain Potter is a Chartered Accountant, qualified in both the UK (ICAEW) and Singapore (ISCA), specialising in complex loss of profit and valuation engagements and he has been based in Singapore since 2014. Iain is recognised as a leading expert by Who’s Who Legal, with clients praising his "matter-of-fact approach to drafting reports and giving testimony", adding that "He is a fantastic expert witness for quantum, valuation and forensic accounting." Outside of his expert appointments, Iain is a member of the adjunct faculty at the National University of Singapore’s Business School, where he lectures on damages quantum and business valuation disputes. He is also pursuing a number of lines of research, currently including a PhD focusing on the extent to which awards of damages reflect risk and uncertainty.

 

Mr. Oliver Watts – Partner, Osborne Partners

Oliver Watts is a Partner at Osborne Partners, and head of the Singapore Office. He is a chartered accountant and Chartered Financial Analyst.
Oliver specialises in assessing financial and valuation issues in contentious and non-contentious matters. He has broad experience in shares and business valuation including in: shareholder and joint venture disputes, private equity investments and investment treaty claims. He has been appointed as an expert over 20 times in Court proceedings and international arbitrations in Singapore and internationally. He has testified before Courts and Tribunals on multiple occasions and is identified as a Future Leader in Who’s Who Legal’s latest list of arbitration expert witnesses.

About the Moderator

 

Ms. Meryl Koh - Director, Dispute Resolution & Intellectual Property, Drew & Napier LLC

Meryl Koh is a Director at Drew & Napier in both the Dispute Resolution and IP departments and has been noted as a leading up-and-coming litigator by many prestigious legal ranking publications. Meryl’s distinctive competency leads her to act in many complex local and cross-border litigation and arbitrations involving infringement of patents, trademarks and copyright, passing off, breaches of confidential information, oppression, breach of director’s duties, defamation and employment. Her clients include high net worth individuals, listed companies as well as international and household names in the hospitality, media, eSports and gaming, F&B, technology, agriculture, resources and pharmaceutical industries. Meryl is dual-qualified in Singapore and Australia and a fellow of the Singapore Institute of Arbitrators. Lauded as a “virtuoso in civil and commercial litigation” and an “excellent strategist”, clients described Meryl as a “sharp and appropriately aggressive lawyer whom you will want on your side.” 

Registration Fees

 MEMBERSHIP 
Fees

APIEx Members

S$50

Member of:

1. Association of Certified Fraud Examiners (ACFE)

2. Chartered Institute of Arbitrators (CIArb)

3. Chartered Institute of Building (Singapore) (CIOB)

4. Institute of Singapore Chartered Accountants (ISCA)

5. Institute of Valuers and Appraisers, Singapore (IVAS)

6. Lighthouse Club Singapore (LHC(S))

7. Singapore Chamber of Maritime Arbitration (SCMA)

8. Singapore Chartered Tax Professionals (SCTP)

9. Society of Construction Law (Singapore) (SCL(S))

10. Singapore Institute of Arbitrators (SIArb)

11. Society of Trust and Estate Practitioners (Singapore Branch) (STEP (Singapore Branch))

S$70
Expert on IPOS’ List of Experts S$70 
Participant from Corporate Member or Sponsor of International Valuation Standards Council (IVSC) Asia S$70 
Others S$90

Download Brochure HERE.

Registration Closing Date: 12 September 2024

Continuing Professional Development

Practice Area: Professional Skills
Training Level: Update
Public CPD Points: 1.5 

 

 

 

Location MND Building Annexe A – Function Room, 9 Maxwell Rd, Singapore 069112
Registrations are now closed

Member Login

Go to top