Mr Thayne Forbes

Accountant

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FCA, 1997
MCIM, 2007
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    [Expert_Experience2] => Business and share valuations
Loss quantification
Fraud
Financial analysis and investigation
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    [Key_Words] => Valuation value valuing \'Intellectual Property\' IP Brands \'Intangible asset\' Marketing Evaluation Business Share Licence License Licensing Royalties Royalty \'Royalty rate\' \'Transfer pricing\' Analysis financial \'lost profits\' loss damage Patent Trademark Trade Mark Copyright \'Business disruption\' \'Loss of profits\' \'Professional negligence\' \'Expert determination\'
    [Brief_CV] => Thayne is a specialist in valuing brands, intangible assets, IP, and business interests. This work involves analysing the financial drivers of profit and growth, the effect of combinations of assets, and developing strategies to build and manage value creation.

The following examples indicate his experience:
- A fair value of shares in a construction contractor for a shareholders’ dispute.
- Fair values of intangible assets acquired through acquisitions made by a market research company.
- Advice on value and raising finance for a company building energy from waste and solar plants.
- Expert evidence to a tax authority on commercial terms of franchising in fast food outlets, for a dispute over transfer pricing arrangements.
- Expert evidence on the value of the Rangers football club name and brand for a claim relating to its sale in the Court of Session in Scotland. Gave oral evidence: Note by the Joint Liquidators of RFC 2012 plc.
- Advice on a market value of technology for air conditioning systems, for a sale between connected entities.
- Advice on a market value of software designed to improve organic search engine rankings from internet searches for a sale between connected entities.
- Advice on the value of a name and image used for aesthetic medicine for a shareholders’ dispute involving the terms of a licence.
- Expert evidence on the brand and business value of a rock band, for a dispute between band members.
-Expert evidence on the value of trade marks for a computer services business, for a claim for breaches of warranties following acquisition. An arbitration hearing was held on the papers and Thayne’s evidence was adopted.
- Expert evidence on the value of intangible assets and IP covered by a licence agreement for car and van rental services. Oral evidence given in an arbitration hearing and Thayne’s evidence was then adopted.
- Expert evidence on lost business profits for a claim for passing off and unlawful interference of a holiday business. Oral evidence given: Harman -v- Burge.
- Presenting a course and a professional examination for an overseas government to assist plans to develop a knowledge economy.
- Expert evidence on values of information and communication technologies for a class action brought relating to their value. Oral evidence given: Andrew Brown -v- InnovatorOne
- Expert witness for unfair prejudice proceedings on a fair value of a company with consumer brands for travel and outdoor leisure. Oral evidence given: Taylor -v- Cobham and Lifemarque.
- Appointed by the President of the ICAEW to determine the value of shares in a leading children entertainment business.
- Expert witness on fragrance brand values of for trade mark infringement proceedings in the High Court. Oral evidence given: L’Oréal -v- Bellure.
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    [Brief_CV2] => Since 1988 Thayne Forbes has carried out many expert witness, forensic accounting and similar assignments relating to Intellectual Property (IP), brand, intangible assets, business and share valuations. He is a qualified accountant and a Chartered Marketer and Joint Managing Director of ntangible Business Limited. ThayneÚs work has been either as expert witness, or supporting expert witnesses for High Court proceedings, County Court proceedings, the Competition Appeal Tribunal, Arbitrations, proceedings in Courts overseas, expert determinations and mediations. He has carried out several expert determinations as a result of appointment as the independent expert by the President of the Institute of Chartered Accountants in England and Wales. He has given evidence in Court as an expert witness and has attended Court to give support and advice to counsel. He has also attended mediations as expert witness.
 
 Thayne has spoken at international forums on the valuation of intangible assets, including at a conference in Geneva by the United Nations and the World Intellectual Property Association, in Siena by The School of Biotech of the University of Siena, and also in London on training courses given by IASeminars, JSB and Hawksmere. He is quoted from time to time, and his articles on brand and valuation issues are published in the trade and national press. He was an industry judge for the IPA (the industry body and professional institute for leading advertising, media and marketing communications agencies in the UK) for their Advertising Effectiveness Awards in 2008.
 
 The following example client projects indicate recent experience:
 
   Valuation of cryogenics business and IP for potential sale (2010).
 
  Evaluation of compensation for global infringement of name and image of celebrity (2010).
 
 
  Valuation of trademark for UK food industry (2010).
 
 
  Sale mandate for two brands relevant to environmentally friendly businesses in telecommunications (2010).
 
 
  Valuation of the assets of a spirits business in the US bought by an Italian company, for US GAAP and IFRS purposes (2009). 
 
 
  Quantification of losses incurred under a licence agreement for the sale of fashion clothing in Continental Europe (2009).
 
 
  Expert report submitted to the High Court on the value of a company manufacturing and wholesaling branded products for the travel and outdoor leisure market for a claim for unfair prejudice about a shareholderÚs exclusion from the business (2009).
 
 
  Expert report for submission to the High Court on the value of a major pop/rock bandÚs business, brand and other assets for a partnership dispute about a founding partnerÚs exclusion from the business (2008/9).
 
 
  Expert report for the High Court on losses incurred as a result of breaches of a licence agreement for a designer brand to be used on menswear in the UK (2008).
 
 
  Sale mandate for British based global consumer electronics brand being disposed of by private equity owner (2007/8).
 
 
  Mandate to find global licensee for ladiesÚ lifestyle brand (2007/8).
 
 
  Appointed by the President of the Institute of Chartered Accountants in England and Wales as independent expert to determine the value of shares of a director (whose employment had been terminated) in an entertainment company owning a number of major brands for pre school children (2007).
 
 
  Appointed by the President of the Institute of Chartered Accountants in England and Wales as independent expert to determine the value of shares in a software company for sports clubs in the UK, for a dispute between shareholders (2006 to 2007).
 
 
  Expert report quantifying a value for an option to buy shares in a fund administration company in Gibraltar for discussions between parties (2006 to 2007). 
 
 
  Appointed by the President of the Institute of Chartered Accountants in England and Wales as independent expert to determine disputed issues in completion accounts relating to the sale and purchase agreement for a wind power generation company (2007).
 
 
  Advice to a leading US protective clothing company on European eyewear businesses and brands available for purchase, particularly in sunglasses. Search for analysis of and approach to potential purchase targets (2006).
 




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    [Name_Forename] => Thayne
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    [Additional_Names] => Andrew
    [Company] => Intangible Business Limited
    [country] => GB
    [main_address] => Home
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    [Overseas] => 0
    [Telephone] => 079 7965 5653
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    [TelephoneH] => 020 8858 8495
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    [Mobile] => 079 7965 5653
    [email] => thayne.forbes@intangiblebusiness.com
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    [wwwadr] => www.intangiblebusiness.com
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    [Job_Position] => Director
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    [Gender] => Male
    [DateJoined] => 1996-09-17 00:00:00.000
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    [Date entered] => 1996-09-17 00:00:00.000
    [Birthday] => 1961-04-26 00:00:00.000
    [Joined] => 1996-09-17 00:00:00.000
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Download Full CV

TAE Accreditations

Expert Witness

Specialist Registers

ICAEW Expert Scheme

Qualifications

Master of Arts in Mathematics, Oxford University MA(Hons) (1982)
Chartered Accountant (1987)
Fellow of The Institute of Chartered Accountants in England and Wales FCA (1998)
Post Graduate Diploma in Marketing, Chartered Institute of Marketing DipM (2000)
Fellow of the Chartered Institute of Marketing FCIM (2007)

Expert Witness Snapshot

Thayne is a specialist in valuing brands, intangible assets, IP, and business interests. This work involves analysing the financial drivers of profit and growth, the effect of combinations of assets, and developing strategies to build and manage value creation.

The following examples indicate his experience:
- A fair value of shares in a construction contractor for a shareholders’ dispute.
- Fair values of intangible assets acquired through acquisitions made by a market research company.
- Advice on value and raising finance for a company building energy from waste and solar plants.
- Expert evidence to a tax authority on commercial terms of franchising in fast food outlets, for a dispute over transfer pricing arrangements.
- Expert evidence on the value of the Rangers football club name and brand for a claim relating to its sale in the Court of Session in Scotland. Gave oral evidence: Note by the Joint Liquidators of RFC 2012 plc.
- Advice on a market value of technology for air conditioning systems, for a sale between connected entities.
- Advice on a market value of software designed to improve organic search engine rankings from internet searches for a sale between connected entities.
- Advice on the value of a name and image used for aesthetic medicine for a shareholders’ dispute involving the terms of a licence.
- Expert evidence on the brand and business value of a rock band, for a dispute between band members.
-Expert evidence on the value of trade marks for a computer services business, for a claim for breaches of warranties following acquisition. An arbitration hearing was held on the papers and Thayne’s evidence was adopted.
- Expert evidence on the value of intangible assets and IP covered by a licence agreement for car and van rental services. Oral evidence given in an arbitration hearing and Thayne’s evidence was then adopted.
- Expert evidence on lost business profits for a claim for passing off and unlawful interference of a holiday business. Oral evidence given: Harman -v- Burge.
- Presenting a course and a professional examination for an overseas government to assist plans to develop a knowledge economy.
- Expert evidence on values of information and communication technologies for a class action brought relating to their value. Oral evidence given: Andrew Brown -v- InnovatorOne
- Expert witness for unfair prejudice proceedings on a fair value of a company with consumer brands for travel and outdoor leisure. Oral evidence given: Taylor -v- Cobham and Lifemarque.
- Appointed by the President of the ICAEW to determine the value of shares in a leading children entertainment business.
- Expert witness on fragrance brand values of for trade mark infringement proceedings in the High Court. Oral evidence given: L’Oréal -v- Bellure.

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