Insurer disputes loss on behalf of civil law notary

Client: Insurer

Industry: Pharmacies

A civil law notary failed to remind his client of the effect of a mandatory offer of shares (also) in case of an internal change of control. The client was under the obligation to offer his shares for sale, and held the civil law notary liable. The civil law notary was ordered to compensate the loss and called on his insurer.
The insurer turned to Nederhof: Was this actually a matter of loss, and if so, how much would that loss be?
Nederhof made mincemeat of the assessment of the tax department of a big-4 firm that had inexpertly determined the claimant’s loss. Providing documentary evidence, Nederhof concluded that – in this particular case – the mere obligation to offer his shares for sale had not caused the claimant any economic loss.