Financial Defence

Economic pressures inevitably result in disputes between lenders and borrowers. Many people feel like they have nowhere to turn and nobody to turn to.

At Mishcon we're on your side and we're not afraid to engage in disputes with financial institutions to protect you and your money. We act for companies, directors, and shareholders who have issues as a result of banks and other financial institutions changing their minds and their terms.

Borrowers, and their individual directors and shareholders face challenging times and often become embroiled in disputes. It is essential therefore that all such companies, directors and shareholders obtain the best legal, yet sensible and practical, advice to protect themselves. All too often such parties feel that they are in a "no win" situation or that they are involved in a battle that simply can't be won. We know from experience that this is not the case and taking the right steps, proactively, can significantly move the goalposts.

Why we are different

Our lawyers have spent many years acting for both borrowers and lenders. We draw on that experience and expertise to stand up for corporate borrowers, directors and shareholders who are facing attack or who are involved in disputes with lenders and financial institutions. Our experience on both sides of the fence gives us a unique insight into how best to protect you.

We understand how it works. We understand how banks, financial institutions and insolvency practitioners operate. We know what they want – and we know how to protect you from it. We provide solutions which are practical and commercial, and based in the real world.

Our increasing focus on borrowers, directors and shareholders means that we are generally conflict free. That coupled with our experience acting for lender and borrower puts us in a unique position.

Services

  • acting for companies, directors and shareholders in all areas of financial distress
  • acting against banks and financial institutions
  • advising on loan facility disputes concerning allegations of covenant breaches
  • responding to lender pressure to vary terms, impose charges/additional fees and repay loans early
  • defending the enforcement of security including guarantee claims brought by lenders
  • advising clients in respect of the mis-selling of financial products such as interest rate hedging products
  • defending insolvency proceedings
  • acting for directors facing claims from insolvency practitioners, e.g. repayment of directors' loans, unlawful or wrongful trading claims
  • directors disqualification proceedings

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