Andrew Grantham
Office:
6 New Street Square
EC4A 3BF
City:
London
Country:
England
Tel:
+44 20 7098 7474
Fax:
+44 20 7098 7401

Questions and Answers:

Who's Who Legal Thought Leaders - Arbitration

Andrew Grantham has dealt with quantum matters and financial investigations since 1991. His experience covers many aspects of accounting and financial matters, including breach of contract, loss-of-profits claims, claims arising following acquisitions and sales of businesses and business valuations.  He has given evidence in the UK High Court and Crown Court, as well as in international arbitrations on over 30 occasions. Andrew regularly acts as a neutral expert determiner on completion account disputes.

WHAT DO YOU ENJOY MOST ABOUT ACTING AS AN EXPERT WITNESS?

I have had the pleasure of working with some great colleagues, lawyers and clients over the years. If there is something, it would be working together with them as a team. There is no doubt that the job can be very pressurised at times but, when I look back, the most enjoyment has come when you have been part of a team that has collaborated well.

WHAT IS IT ABOUT ALIXPARTNERS THAT MAKES THE FIRM STAND OUT FROM ITS COMPETITORS IN THE MARKET?

Two factors, both of which give us a significant depth of expertise which can be employed when we act as a quantum expert. First, being able to draw on the industry expertise within the firm, which allows us to better understand the commercials of any business and the assumptions we should use to calculate damages. Second, combining our forensic accounting and economics skill sets, particularly in respect of competition damages. Both factors provide us with the ability to produce a better work product.

HOW CAN TRIBUNALS MAKE BETTER USE OF THE FINANCIAL MODELS PRODUCED BY THE QUANTUM EXPERTS?

I think that, unless the parties agree otherwise for good reason, tribunals should require that the parties and the quantum experts agree on, and use, only one financial model. In this way, the experts will have tested the functionality, made sure that there are no logic errors or mistakes, and can clearly articulate the assumptions on which they agree or disagree. If the tribunal can also request a “front end” to a financial model, which sets out the assumptions that they wish to consider when making their decision, the parameters for each assumption and the results, all the better.

WHAT ROLE CAN HOT-TUBBING PLAY IN THE EFFECTIVE PRESENTATION OF EXPERT TESTIMONY?

It would be interesting to find out what tribunals think of this means of giving evidence. Its growing use would suggest that tribunals are in favour of it. I have experienced a few variations of hot-tubbing, and I am sure there are others. The best I have worked with is when the experts are given a set of topics, provided by the tribunal, and questions are asked of both experts at the same time. That way, the tribunal has the benefit of hearing the answers from both experts at the same time, which I am sure helps with their deliberations.

WHAT IMPACT WILL TECHNOLOGICAL INNOVATION AND DIGITALISATION HAVE ON THE FUTURE OF ARBITRATION?

Artificial intelligence and machine learning, once an enticing concept, can have a major role in making arbitrations more cost and time-efficient and crucially more insightful. Expect continuous innovation in this space as the cost of computing decreases and the power of the “what if?” is harnessed. I believe the only thing holding it back is the lack of knowledge or familiarity as to what is available and how it can benefit the process.

The latest innovations seamlessly tie ever-better e-discovery document review technology (for example emails or other documents, such as contracts) with structured system data (for example the accounting system, in particular specific transactions that are referred to in the email) to provide rapid, entirely holistic, fact-based business perspectives which will increase transparency and insight.

In addition, the latest data-visualisation techniques will improve the ability of forensic accountants and lawyers to investigate issues and present results far more effectively than in the past.

WHAT HAS BEEN THE MOST INTERESTING ARBITRATION ON WHICH YOU HAVE BEEN APPOINTED IN RECENT YEARS?

I have been very lucky, given the variety of cases that I have worked on. If I was to try and choose one type of dispute that was most interesting, I would probably pick sale-and-purchase agreement disputes. With these, you have a combination of having to do a forensic analysis of the facts giving rise to the breach of warranty and then considering how this would have affected the price paid for the business. Throw in an element of misrepresentation or fraud, which happens on occasion, and you have the perfect mix of work for a forensic accountant.

WHAT DO YOU CONSIDER TO BE YOUR MOST SIGNIFICANT ACHIEVEMENT IN YOUR CAREER AS AN EXPERT WITNESS?

Beauty is in the eye of the beholder, so it is difficult to answer. However, personally, if I was to consider what has had the greatest influence on my career, it is probably the first time I gave evidence, which was a criminal trial involving the prosecution of a director for fraudulent trading. It involved giving evidence over six days, standing the entire time. In the same way that you pay attention to how engaged the tribunal are and their reaction to points made, it proved very interesting looking at the jury trying to assess what they were thinking of the answers I was giving.

Who's Who Legal Thought Leaders - Investigations

Andrew Grantham is an experienced financial and accounting expert with over 30 years’ experience in financial investigations and as an accounting expert witness. Andrew has been involved in major financial investigations and has given expert evidence in criminal proceedings. He has also been appointed as an Inspector by the UK’s Department of Trade and Industry to investigate accounting irregularities. Andrew has significant experience of managing investigations including a criminal matter for the government of Cyprus, regulatory issues within the UK and various matters within the construction industry.

DESCRIBE YOUR CAREER TO DATE.

I began my career at KPMG, qualifying as a chartered accountant having spent three years in an audit department. This provided me with a fantastic grounding as, first and foremost, an accountant. It was during this time that I had my first introduction to corporate investigations; I was lucky enough to be able to work on a couple of audits where concerns of fraud had arisen.

During the last 28 years, having qualified, I have spent my time working in the forensic accounting arena, working on expert witness assignments and corporate investigations.  Sometimes the engagement has been a blend of the two. 

In that time, the number of US regulatory engagements I have worked on has certainly increased, as has the global nature of the investigations.

The engagements have been in a significant number of industries and have encompassed a number of different themes. It has not been dull.

WHAT ARE THE CURRENT ISSUES CONCERNING MONEY LAUNDERING?

Because of increased regulatory oversight and change it is clear that companies have to do a lot more, especially when it comes to the setting up and maintenance of compliance systems and structures. As a result, compliance executives are concerned about having sufficient budget to manage the risks going forward.

WHAT SKILLS MAKE FOR A SUCCESSFUL FORENSIC ACCOUNTANT?

For me, putting aside being a good accountant and actually having a lot of experience of preparing accounts (which probably gives you a greater degree of understanding), the keys are: having a healthy degree of scepticism; being able to identify red flags such that you can act upon them as part of the investigation; and being able to put yourselves in the shoes of the fraudster and being able to understand how the perpetrator might have committed the fraud and taken advantage of any control weaknesses. This last part is perhaps most important when being asked to help design the controls to minimise the risk of a fraud happening again.

WHAT HAS BEEN THE HIGHLIGHT OF YOUR CAREER SO FAR?

I am very proud of the current team we have built at AlixPartners. I joined in 2005 when the London office was in its infancy. Today, the office is over 300 people strong, of which 75 people are in the team covering forensic accounting, e-discovery, litigation data analytics and economic consulting. The range of projects that we work on is enormous and there have some extremely important engagements – “bet the company” important.  

The development of this team has been carefully done and we have been able to recruit some very talented individuals; everyone, however, is prepared to roll up their shirtsleeves and get the job done.

HOW HAS THE ROLE OF FORENSIC ACCOUNTANTS IN INVESTIGATIONS DEVELOPED OVER THE COURSE OF YOUR CAREER?

Undoubtedly the growth of IT has had the biggest impact; the audit trail is now, fundamentally, IT-based and you have to cope with so many more documents. So, ironically, you have to use more advanced IT tools to be able to deal with the volume and complexity. Paradoxically, I am sure there has already been an element of AI at work for a long time. 

As a consequence, the forensic accountant is having to work very closely with the forensic IT team; not only as regards issues such as data privacy and maintaining data integrity but also in respect of understanding how the IT analysis has identified all of the substantive issues and documents. This last point is the key issue – having the expertise and experience, and the available tools, to be able to identify and investigate issues efficiently.

The latest innovations seamlessly tie ever-better e-discovery document review technology (for example e-mails or other documents, such as contracts) with structured system data (for example the accounting system, in particular specific transactions that are referred to in the email) to provide rapid, entirely holistic, fact-based business perspectives which will increase transparency and insight.

In addition, the latest data-visualisation techniques will improve the ability of forensic accountants and lawyers to investigate issues and present results far more effectively than in the past.

WHAT HAS BEEN THE MOST MEMORABLE MATTER YOU HAVE WORKED ON?

Undoubtedly, one I cannot talk about. However, proving that an individual who warned me about a “mole”, and that they should be the key point of contact, was the actual mole was extremely satisfying.

HOW DOES ALIXPARTNERS DISTINGUISH ITSELF FROM THE COMPETITION?

When it comes to corporate investigations it probably comes down to being able to work seamlessly with our forensic IT team.

Biographies:

Who's Who Legal Arbitration: Expert Witnesses

Andrew Grantham has dealt with litigation matters and financial investigations since 1991. His experience as an expert accountancy witness covers many aspects of accounting and financial matters, including breach of contract and loss of profits claims, claims arising following acquisitions and sales of businesses (including breach of warranty and completion account disputes) and business valuations. 

He has given expert evidence in the UK High Court and Crown Court, as well as in international arbitrations on over 30 occasions. He has given evidence in ICC, ICSID, LCIA, LMIA, UNCITRAL and various ad hoc arbitrations around the world. Andrew has acted as an arbitrator and regularly acts as a neutral expert determiner on completion account disputes.

Andrew has also been involved in major financial investigations, and has given expert evidence in criminal proceedings brought against a director of a construction company in respect of fraudulent trading. 

His work over the past 30 years has included audit, corporate finance due diligence, internal audit, corporate recovery liquidity appraisals and valuations. In respect of corporate liquidity, he has also undertaken assignments involving security for cost applications. 

Andrew has undertaken a significant number of valuations in both contentious and non-contentious situations.

Andrew has experience across a variety of industry sectors, including telecoms, construction, engineering, utilities, oil and gas, energy, chemicals, shipping, transportation, automotive, food processing, pharmaceuticals, retail, property and real estate, IT, financial services and manufacturing. 

He is also a fellow of the Expert Witness Institute. He was a governor and chairman of the finance committee, and the treasurer of the Expert Witness Institute, from 2006 to 2014. 

WWL says: Andrew Grantham impresses peers with "his superb ability to deal with a vast amount of information in a short space of time". Clients add, "His reports are well structured and he is very user-friendly."

This biography is an extract from Who's Who Legal: Arbitration which can be purchased from our Shop.

Who's Who Legal Consulting Experts: Experts - Investigations - Forensic Accountants

Andrew Grantham has dealt with litigation matters and financial investigations since 1991. His experience as an expert accountancy witness covers many aspects of accounting and financial matters, including breach of contract and loss of profits claims, claims arising following acquisitions and sales of businesses (including breach of warranty and completion account disputes) and business valuations. 

He has given expert evidence in the UK High Court and Crown Court, as well as in international arbitrations on over 30 occasions. He has given evidence in ICC, ICSID, LCIA, LMIA, UNCITRAL and various ad hoc arbitrations around the world. Andrew has acted as an arbitrator and regularly acts as a neutral expert determiner on completion account disputes.

Andrew has also been involved in major financial investigations, and has given expert evidence in criminal proceedings brought against a director of a construction company in respect of fraudulent trading. 

His work over the past 30 years has included audit, corporate finance due diligence, internal audit, corporate recovery liquidity appraisals and valuations. In respect of corporate liquidity, he has also undertaken assignments involving Security for Cost applications. 

Andrew has undertaken a significant number of valuations in both contentious and non-contentious situations.

Andrew has experience across a variety of industry sectors, including telecoms, construction, engineering, utilities, oil and gas, energy, chemicals, shipping, transportation, automotive, food processing, pharmaceuticals, retail, property and real estate, IT, financial services and manufacturing. 

He is also a fellow of the Expert Witness Institute. He was a governor and chairman of the finance committee, and the treasurer of the Expert Witness Institute, from 2006 to 2014. 

WWL says:Thought Leader Andrew Grantham is an outstanding figure in the forensic accounting field with over 25 years of experience.

This biography is an extract from Who's Who Legal: Consulting Experts which can be purchased from our Shop.

Who's Who Legal Consulting Experts: Experts - Financial Advisory and Valuation - Quantum of Damages

Andrew Grantham has dealt with litigation matters and financial investigations since 1991. His experience as an expert accountancy witness covers many aspects of accounting and financial matters, including breach of contract and loss of profits claims, claims arising following acquisitions and sales of businesses (including breach of warranty and completion account disputes) and business valuations. 

He has given expert evidence in the UK High Court and Crown Court, as well as in international arbitrations on over 30 occasions. He has given evidence in ICC, ICSID, LCIA, LMIA, UNCITRAL and various ad hoc arbitrations around the world. Andrew has acted as an arbitrator and regularly acts as a neutral expert determiner on completion account disputes.

Andrew has also been involved in major financial investigations, and has given expert evidence in criminal proceedings brought against a director of a construction company in respect of fraudulent trading. 

His work over the past 30 years has included audit, corporate finance due diligence, internal audit, corporate recovery liquidity appraisals and valuations. In respect of corporate liquidity, he has also undertaken assignments involving security for cost applications. 

Andrew has undertaken a significant number of valuations in both contentious and non-contentious situations.

Andrew has experience across a variety of industry sectors, including telecoms, construction, engineering, utilities, oil and gas, energy, chemicals, shipping, transportation, automotive, food processing, pharmaceuticals, retail, property and real estate, IT, financial services and manufacturing. 

He is also a fellow of the Expert Witness Institute. He was a governor and chairman of the finance committee, and the treasurer of the Expert Witness Institute, from 2006 to 2014. 

WWL says: Andrew Grantham is a long-standing fixture in the UK market where he is widely recognised for his strong expertise handling business valuations in complex disputes.

This biography is an extract from Who's Who Legal: Consulting Experts which can be purchased from our Shop.

Who's Who Legal Investigations: Forensic Accountants

 

Andrew Grantham is an experienced damages, valuation and forensic accounting expert with over 30 years’ experience. He has given expert evidence in the UK High Court and Crown Court, as well as in international arbitrations on over 30 occasions. 

He has given evidence in ICC, ICSID, LCIA, UNCITRAL and various ad hoc arbitrations around the world. Andrew has acted as an arbitrator and regularly acts as a neutral expert determiner on completion account disputes.

Andrew has also been involved in major financial investigations and has given expert evidence in criminal proceedings brought against a director of a construction company in respect of fraudulent trading.

He has given expert evidence in the UK High Court and Crown Court, as well as in international arbitrations on over 30 occasions. He has given evidence in ICC, ICSID, LCIA, LMIA, UNCITRAL and various ad hoc arbitrations around the world. Andrew has acted as an arbitrator and regularly acts as a neutral expert determiner on completion account disputes.

His work over the past 30 years has included audit, corporate finance due diligence, internal audit, corporate recovery liquidity appraisals and valuations. In respect of corporate liquidity, he has also undertaken assignments involving security for cost applications.

Andrew has experience across a variety of industry sectors, including telecoms, construction,

engineering, utilities, oil and gas, energy, chemicals, shipping, transportation, automotive, food processing, pharmaceuticals, retail, property and real estate, IT, financial services and manufacturing.

He is also a fellow of the Expert Witness Institute. He was a governor and chairman of the finance committee, and the treasurer of the Expert Witness Institute, from 2006 to 2014.

WWL says: The "superb" Andrew Grantham is a distinguished, "well-prepared" practitioner who offers exceptional breadth of experience in financial investigations.

This biography is an extract from Who's Who Legal: Investigations which can be purchased from our Shop.

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Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.

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