David Ashton is a Senior Managing Director at FTI Consulting, based in the London Office. Mr. Ashton is in the Economic and Financial Consulting practice and his professional responsibilities over the last 40 years have included both audit and financial consulting for a range of clients and industries including the construction, shipping, financial services, oil and gas and chemical industries. Over the last 30 years he has specialised in claims consulting, and developed Arthur Andersen’s UK Litigation Services Practice, encompassing loss of profit claims, post-acquisition disputes, fraud investigations, construction claims, intellectual property disputes, professional negligence claims, insurance claims and expert determinations.
Mr. Ashton has been responsible for expert reports produced and evidence adduced in around 200 cases of litigation, arbitration and expert determination. Numerous cases have resulted in oral evidence being given (High Court, Arbitrations, Tax Commissioners, Iran-US Arbitration Tribunal and Expert Determinations). He is one of the leading experts active in commercial arbitration worldwide identified by The International Who’s Who of Commercial Arbitration 2011, 2012, 2013 and 2014.
Mr. Ashton has lectured extensively on a wide range of subjects. He is a fellow of the Chartered Institute of Arbitrators and a fellow of the Academy of Experts. He was for several years a member of the executive committee and board of CEDR (the Centre for Effective Dispute Resolution).
He held a number of management positions in Arthur Andersen, including head of computer audit, and head of the UK consulting services practice. He headed the European litigation services and valuation practices, and for several years was responsible for quality control across the European business consulting practice, as area managing practice director.
Mr. Ashton is a member of the Regulatory Decisions Committee of the Financial Conduct Authority. He has sat on over 100 RDC panel hearings regarding Warning and Decision Notices, encompassing oral and written presentations, across the whole range of financial services activities.
He has been the Leader of Harrow Council, and was a Councillor for the London Borough of Harrow from 1998, stepping down in 2010. His responsibilities included that of the finance portfolio. He sat on the Audit Committee for London Councils. He stood for Parliament in 2005, as a candidate for the constituency of Harrow East.
Mr. Ashton qualified as a Chartered Accountant in 1973 after joining Arthur Anderson and became a Partner in 1982. He retired from Arthur Andersen in June 2002, joining LECG, subsequently acquired by FTI Consulting, in September 2002. He graduated in Economics with Accounting and Finance from the London School of Economics.
Calculation of losses in a multi-billion dollar dispute between a petrochemicals business and a state owned Middle Eastern investor, heard by an ICC tribunal based in London. The scope of work related to the consequential losses arising from the withdrawal of the investor from a proposed joint venture between the parties.
Calculation of lost profits in BSkyB v EDS, a UK litigation before the Technology and Construction Court. The claimants made claims in respect of a project to develop a customer relationship management (CRM) system.
Quantification of loss in a dispute between a licensor and licensee of a well-known consumer imaging trade mark, heard by an ICC tribunal. Losses resulted from a delay of certain sub-licences being granted by the licensee.
Assessment of losses arising from alleged breaches of competition law in a dispute heard by the High Court. The dispute was between a recycler of waste electrical and electronic equipment (WEEE) and a producer compliance scheme (PCS). The claimant alleged that the PCS was in breach of competition law relating to the abuse of a dominant position.
Fraud investigation relating to a securitisation programme. The scope of work included the analysis of accounting issues relating to the securitisation of trade receivables by a European food company.
Valuation of an opportunity to build a container port in Turkey. Advice provided in a dispute, heard by an ICC tribunal in London, between former joint venture partners regarding an opportunity to build a container port in Turkey.
Calculation of losses suffered by an English football club following its relegation from the English Premier League, in an arbitration pursuant to Rule K of the rules of the Football Association.
Advice on an efficient level of mark-up on cost that could be applied retrospectively to contracts for a specialised construction project in an African state. The contract had originally been awarded at a price that was allegedly achieved fraudulently. The work involved a study of costs of capital in the African state.
Economic and financial consulting advice provided in non-contentious contexts includes: Advice to a major international oil and gas company on the appropriate cost of capital to apply in discounted cash flow analyses when appraising new investment opportunities.
Cost of capital advice to Ofgem, the government regulator for the electricity and downstream natural gas markets in Great Britain, in relation to the regulated cost of capital applicable in the “RIIO-T1” and “RIIO-GD1” price controls.
Valuation of a subsidiary of a major infrastructure services business in the context of a corporate re-organisation.
Valuation a major European golf brand as part of the due diligence process undertaken by a potential acquirer of the business.
Valuation of music rights. For a number of years, Mr. Matthews has provided assistance to a major broadcaster in negotiations with the owners of certain music copyrights in relation to the amounts payable for the right to broadcast music on radio and television
Pricing advice relating to copyright. Across a series of engagements, Mr. Matthews has provided advice to a collecting rights organisation on appropriate pricing structures and levels for its licences.