Metasy S.A.

Metasy Litigation

The economics of a dispute: from the evidentiary question to the hearing

We support law firms, litigation funders, insolvency trustees and businesses in commercial disputes. We calculate the claim, write rebuttal reports, take court experts' reports apart assumption by assumption and prepare counsel for the examination of the expert at the hearing. We check for conflicts of interest before accepting an engagement.

Discuss your case Services for law firms

Support for law firms

The four services law firms ask about most often. Each ends with a document that can be filed with the court or used in a pleading.

Rebuttal and party-appointed expert reports

A party's expert report for the case file. It responds to the report of the court-appointed expert or of the opposing party's expert: on the same material from the case file, showing where and why the assumptions, method and result diverge. Written so that the court can compare both reports point by point.

  • Response to the report of the court expert or the opposing party's expert
  • Our own calculations on the material in the case file
  • Identification of differences in assumptions, data and method
  • Format ready for filing with the court

Comments and objections to expert reports

An audit of the methodology, data and assumptions of the court expert's report. An effective objection targets an assumption, not the result: we show which assumption is unjustified and how changing it affects the amount. The law firm receives a list of objections for its pleading and questions for the expert at the hearing.

  • Audit of method, input data and assumptions
  • List of objections for the pleading
  • Quantification: how a change in an assumption changes the result
  • Questions for the expert at the hearing

Economic and financial analyses for commercial disputes

Quantification of damages and lost profits, but-for models, ex ante and ex post analysis, valuations in shareholder disputes, cash-flow analyses, reconstruction of accounting books from JPK (standard audit files for tax, SAF-T). For cases where no amount can be named without a model.

  • Damages and lost profits: but-for models, ex ante / ex post
  • Valuations in shareholder disputes
  • Cash-flow analysis
  • Reconstruction of accounting books from JPK

Claim calculation before filing and the evidentiary question

Before the statement of claim is drafted, we calculate the claim and check whether it can be proven with the available material. We help formulate the evidentiary question (terms of reference for the expert) so that the court expert answers the question that actually decides the case.

  • Calculation of the claim and the value in dispute
  • Assessment of what data are needed and whether they are available
  • Draft evidentiary question and questions for the expert
  • Identification of weak points in the model before filing

Scope of litigation services

Group proceedings (class actions)

Analysis of commonality of loss, aggregate damages models, statistical sampling, questionnaire research, value-in-dispute calculators for the group, distribution plans.

  • Commonality of loss and typification of group members
  • Aggregate damages model and value-in-dispute calculator
  • Sampling, questionnaire research, distribution plan

Litigation funding

Economic due diligence of claims, quantum models, settlement scenarios. For funders that must assess the value of a case before committing capital.

  • Economic due diligence of the claim
  • Quantum model with sensitivity analysis
  • Settlement scenarios

Financial and banking disputes

CHF loans, WIBOR, the 'free credit' sanction and APRC, derivatives, mis-selling. Settlements in the variants a court may adopt.

  • Settlement of CHF and WIBOR loans
  • Verification of APRC and the 'free credit' sanction
  • Derivatives and mis-selling

Insolvency and restructuring in disputes

Article 299 of the Polish Commercial Companies Code (KSH - personal liability of directors for company debts), fraudulent-transfer claims (actio Pauliana), creditor recovery test. Dating insolvency on the basis of financial statements, accounting books and JPK.

  • Date of insolvency
  • Creditor recovery test
  • Equivalence of consideration in fraudulent-transfer claims

Intellectual property

Damages from infringement of intellectual property rights: lost profits, reasonable royalty, valuation of trade marks and software.

  • Lost profits from infringement
  • Reasonable royalty
  • Valuation of trade marks and software

Digital assets in disputes

On-chain tracing, valuation of crypto-assets as at a given date, securing of assets. For parties to disputes and for authorities.

  • Tracing BTC, ETH and stablecoins
  • Valuation as at the date of the offence or event
  • Securing crypto-assets

Pre-hearing consultation

Preparing counsel for the examination of the court expert, oral explanations, attendance at the hearing. Questions that target the assumptions, not the person of the expert.

  • Preparing counsel for the examination of the expert
  • List of questions for the expert
  • Oral explanations and attendance at the hearing

Group proceedings

Group proceedings (under the Polish Group Proceedings Act) require a different toolkit from an individual dispute. The court asks about commonality of loss and about a method that works for the whole group, not for a single claimant.

  1. Step 1: Commonality of loss analysis

    We examine whether the loss suffered by group members can be shown with common evidence: homogeneity of claims, typification of situations, identification of sub-groups.

  2. Step 2: Aggregate damages model

    A damages formula applied to the whole group: regression, but-for prices, market benchmarks, overcharges and value differences.

  3. Step 3: Statistical sampling

    A representative sample of the affected population, extrapolation with error control, defence of the method against the opposing party's objections.

  4. Step 4: Questionnaire research

    Design and execution of research for evidentiary purposes: perception, purchasing behaviour, effect of a practice on decisions. Statistical supervision within the team.

  5. Step 5: Value-in-dispute calculator for the group

    The value in dispute calculated for each group member and for the group as a whole, with parameters that can be updated as the case progresses.

  6. Step 6: Distribution plan

    Allocation keys for awarded or settled amounts, verification of individual claims, handling of mass data.

Principles

  • A party-appointed report does not replace the court expert's evidence

    A rebuttal report is the party's position supported by expert analysis. Its role: to give the court and the parties arguments for verifying the court expert's report, supplementing it or appointing another expert.

  • We check for conflicts of interest before accepting an engagement

    Preparing a party-appointed report rules out acting as court-appointed expert in the same case. We check this at the outset, before we learn the details.

  • The result depends on the data, not on the engagement

    If the material does not support the client's thesis, we say so at the preliminary assessment stage. Better to know before filing than after the court expert's report.

  • The standard of expert evidence

    Reliability of method, consistency of data, falsifiability of assumptions. Econometrics and sensitivity analysis wherever the amount depends on parameters.

Have a dispute that turns on the figures?

Tell us what stage the case is at and what material is in the file. Within 48 hours we will tell you whether we can take it on.

Discuss your case

How we process your data: Privacy policy