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Bookkeeping & finance

Give the accounting reviewer a usable litigation assessment

Organize counsel's assessment, reporting-date facts and potential outcomes so an IFRS provision or contingent-liability review has reliable evidence.

By Institution3 minute readPublished View sources
In this guide

Identify the matter and the date being assessed

A legal case can be unresolved while still requiring an accounting conclusion. Give the reviewer the claim, relevant entity, alleged events, reporting date and current procedural position. Distinguish the amount demanded by the other party from counsel's assessment of possible outcomes. Neither an opening demand nor a settlement offer should silently become the accounting estimate.

For IFRS reporting, IAS 37 distinguishes provisions from contingent liabilities using the obligation, likelihood and measurement requirements. Have the accountant apply those requirements to evidence from counsel and management. The finance team should not translate a lawyer's informal phrase into a probability category without confirming what the assessment means.

References: IFRS Foundation: IAS 37 provisions and contingent liabilities

Request a focused assessment through the approved channel

Coordinate the information request with the company's legal lead. Ask which events occurred before the reporting date, which outcomes remain possible and what facts could materially change the assessment. Set a response date that permits accounting review before statement authorization. Avoid circulating privileged case material more widely than the legal team approves.

Give counsel the accounting questions in understandable terms without asking counsel to make the financial-reporting decision. If the response cannot quantify an outcome, preserve that limitation and ask what supporting information is available. A missing range is a matter for review, not permission for finance to invent a midpoint or record zero automatically.

Document the conclusion without overstating certainty

Retain the accounting conclusion, supporting facts, material limitations and any required disclosure decision. IAS 37 includes disclosure requirements for contingent liabilities unless the possibility of an outflow is remote. The reviewer should consider the applicable requirements and any sensitive circumstances; no recognition entry does not automatically mean no financial-statement disclosure.

A hypothetical claim may have several plausible settlement outcomes and no agreed payment date. Preserve the range and the basis supplied by the appropriate adviser. A budget reserve selected by management for cash planning is a different number and should be labeled separately when it appears beside the financial-reporting assessment.

References: IFRS Foundation: IAS 37 provisions and contingent liabilities

Refresh material developments before release

Ask the legal lead to report new judgments, settlements, material correspondence or changed assessments through the statement-authorization process. Give the accountant the dates and underlying facts so subsequent-event treatment can be evaluated. Keep earlier conclusions available; replacing them with the latest legal update would remove the evidence explaining how the reported judgment was reached.

Sources

Requirements and product details can change. Check the linked guidance for the facts that apply to your situation.

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General information, not personalized accounting, tax, legal, or investment advice. Have the appropriate qualified professional review decisions that depend on your circumstances.