Expert determination is a recognised mechanism under English law where both parties agree upfront to appoint an independent expert and to accept their decision as final. The key requirement is that this agreement is clearly documented before work begins. In the absence of manifest error or fraud, the determination is binding on both parties - and neither side can seek to challenge it through legal proceedings on those grounds.

When each side appoints their own accountant, you get two competing numbers - often miles apart - and no mechanism for resolving the gap. Dealwise Resolve is jointly instructed by both parties, which means there is one credible independent expert and one number. For tier 2 and 3, both parties agree upfront to be bound by that number. This removes the dispute entirely rather than creating a new one.

For Tier 2 and 3, both parties agree in the joint instruction letter that the determination is binding. A party can only seek to set it aside on the grounds of manifest error or fraud - not because they disagree with the outcome. This is the whole point of expert determination: it removes the ongoing dispute by making the outcome final. If either party is unwilling to commit to this upfront, Tier 1 (valuation only) may be more appropriate while both parties explore their options

Typically 6-12 weeks from joint instruction to delivery of the determination, depending on complexity and how quickly both parties provide information and representations. The main variable is information gathering - businesses with well-maintained financial records move faster. We will give you a realistic timeline estimate at the scoping stage. Time is not of the essence under the engagement letter, but we use reasonable endeavours to deliver promptly.

No - although an existing shareholders' agreement may affect the appropriate valuation methodology, particularly if it contains a specific valuation clause. We can work with or without one. If a valuation clause exists, we apply the methodology most appropriate to the business and its circumstances.

By default, fees are shared equally between both parties - 50% each. This is set out in the joint instruction letter and is standard practise in expert determination. It reinforces independence: neither party has paid more than the other, and neither can claim the expert is biased towards them. 50% of the fee is collected before work begins; the remaining 50% is collected on delivery of the report of determination.

This is exactly what Tier 3 addresses. Once the valuation is established, many buyouts fail to complete because the buyer simply cannot afford to fund the full amount up front. Our deal structuring service models deferred consideration - staged payments, vendor loan notes, earn-out structures - to find a commercial arrangement that works for both the buyer's cash flow and the seller's exit requirements. We also consider the tax implications of different payment structures, including BADR eligibility.

Absolutely - and for many matters, it is advisable. Solicitors can advise both parties on the joint instruction agreement, review the determination letter, and complete the legal documentation once the commercial framework is agreed. We work alongside solicitors rather than in place of them. The key difference is that the valuation and determination sit with us as the jointly-instructed expert - not with each party's separate legal advisor.