03/09/2023 - UK Feature: Why do Commercial Disputes and Need for Expert Witnesses Increase in a Volatile Economy


Economic volatility can lead to increased commercial disputes and the need for expert witnesses, as companies face a range of complex issues that require specialized knowledge and expertise.Commercial disputes and the need for expert witnesses tend to increase in a volatile economy for several reasons.

Financial instability: In a volatile economy, companies may face financial instability, including bankruptcy, default on loans, and other financial difficulties. This can lead to disputes between companies, lenders, and other stakeholders, which may require expert witnesses to provide opinions on financial matters such as valuation, asset management, and debt restructuring.

Changing market conditions: Economic volatility can lead to changing market conditions, which may cause disputes between companies over contracts, intellectual property, and other business agreements. Expert witnesses may be needed to provide opinions on these matters, including market analysis, product design, and patent infringement.

Regulatory changes: In a volatile economy, governments may change regulations, which can affect businesses in various ways. Companies may need expert witnesses to provide opinions on the impact of these changes on their operations, including compliance with new regulations and changing business models.

Increased competition: Economic volatility can lead to increased competition, which can result in disputes between companies over market share, pricing, and other business matters. Expert witnesses may be needed to provide opinions on market analysis, competitive analysis, and pricing strategies.

Risk management: In a volatile economy, companies may face increased risks, including operational, financial, and reputational risks. Expert witnesses may be needed to provide opinions on risk management, including risk assessment, risk mitigation, and crisis management.

Expert witnesses are often used in legal cases where specialized knowledge or technical expertise is required to help the court or jury understand complex issues or to provide an opinion on matters within their area of expertise. Here are some common reasons expert witnesses may be used:

Insurance Claims: Expert witnesses are often used in insurance claims cases to help determine the extent of damages and whether the policy covers the claim. For example, an insurance expert may be called upon to evaluate the cost of damages caused by a natural disaster or to determine the value of a property in a real estate dispute.

Termination of Contract: When a contract is terminated, there may be disputes over the terms of the agreement and whether they were properly followed. An expert witness may be used to provide an opinion on whether the contract was breached and if so, the extent of the damages.

Breach of Contract: Similar to termination of contract cases, an expert witness may be used in breach of contract cases to provide an opinion on whether the contract was breached and if so, the extent of the damages. For example, a financial expert may be called upon to evaluate damages resulting from a breach of a financial contract.

Intellectual Property Disputes: Expert witnesses are often used in intellectual property disputes, such as patent infringement cases, to help explain complex technical concepts to the court or jury and to provide an opinion on whether the accused product or process infringes on the plaintiff's patent.

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