Expert evidence on cost of damages in media case

Genesis was commissioned to provide expert evidence relating to the quantification of damages resulting from the repudiation of a contract between two companies in the communications industry.

The analysis was commissioned by the claimant in the arbitration proceedings.

The project team constructed a counterfactual damages model to determine how the affected business would have performed but for the repudiation of the agreement. Based on a detailed analysis of the evidence, the team developed a robust financial model to quantify the damages claim.

The assessment involved projecting revenues, volumes and costs for the duration of the contract, as well as using actual financial data and estimated volumes based on appropriate and defendable comparators.

The team’s determination of the damages claim was tested in the arbitration proceedings. The arbitrator, without any adjustments, ultimately accepted the quantum determined by Genesis.