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Home » Legal Services » Practice Areas » Dispute Resolution » Finance



Unfortunately disputes occur in all businesses. When they do we can provide you with clear advice on where you stand and what remedies are available to you

Many different types of dispute can arise from the provision or withdrawal of finance facilities. Normally finance transactions will be the subject of a formal written agreement which should include the procedures to be followed in the event of a dispute. It is imperative that these procedures are reviewed and understood before any action is undertaken. We provide prompt assessments of the options open to you and advise on the prospects and consequences of each course.

Our experienced team of lawyers advise banking and finance issues for both domestic and international clients.

Our expertise includes:

  • Acting for borrowers in disputes relating to the terms of existing funding documentation including attempts by funders to re-price or change the terms unlilaterally.
  • Enforcement of secured and unsecured lending in the commercial and retail banking sectors.
  • Complex tracing actions and recovery of losses sustained by our clients through fraud, forgery, payments by mistake.
  • Defending clients against actions for breach of trust (including constructive trust).
  • Defending claims arising out of the banker/customer relationship, including professional negligence and undue influence claims.
  • Pursuing negligence claims against other professionals involved in the lending process e.g. surveyors and solicitors.
  • Disputes arising out of international trade finance.
  • Advising on anti-money laundry regulations and FCA enquiries.

Examples of our recent cases include:

  • Defending a German bank against a claim under a US$3m guarantee.  We proved that the call under the guarantee had been made fraudulently and the claim was dropped.
  • Acting for a European bank in enforcing its security by arresting a ship in the Gulf.
  • Acting for a major UK bank in an action against a former employee who had stolen confidential client information and was using it to the detriment of our clients.  We obtained injunctions and recovery the information.
  • Acting for a Channel Islands finance house and a major Canadian corporation in litigation and a series of arbitrations in difference jurisdictions arising out of a dispute concerning the funding arrangements for a major international marketing promotion.
  • Acting for numerous Registered Providers (formally Housing Associations) to defect attempts by funders to vary the terms of funding agreements.

Recent reported decisions include:

  • Skandifinanz AG v National Bank of Oman on jurisdiction in a dispute concerning promissory notes; and
  • National Bank of Egypt International Limited v Oman Housing Bank SAOC concerning a US$5 million inter-bank short-term Money.
  • Europa and Anthracite (Balanced Company) v Anthracite investment (Ireland) successfully recovery of unpaid redemption proceeds on the unwind of a Lehmans series of structured notes

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