Finance and Banking Disputes

A decade on, the shockwaves from the financial crisis of 2008 continue to reverberate throughout the global economic and political landscape. While markets have steadied, increased regulatory scrutiny, the impending financial consequences of Brexit and a trend towards political and economic isolationism has led to a climate of uncertainty and given rise to a growing number of disputes in the finance and banking sector. Having the right financial disputes team to support you has never been more important.

Our lawyers are not merely external advisers to our clients, but form a core part of their business, proactively working with them to analyse risks, protect assets, resolve disputes and therefore build their businesses.

We are known for our low levels of conflict. We act for all sides of the industry, from banks and other financial institutions, to corporate borrowers and investors. We are able to draw on the expertise of specialists across banking and debt finance, investment funds, regulatory, and insolvency and recovery.

Our matters are often high value and involve a number of international jurisdictions. Our particular strength is in the swift resolution of highly sensitive disputes. We view litigation as one part of the overall strategy we devise for clients to achieve their commercial objectives and offer clients a significant return on investment. When we litigate, we adopt a forceful approach and pride ourselves on our record of success. When it comes to public perception, our Reputation Protection lawyers will ensure that your message is communicated in the right way and your brand is protected.

Technology underpins everything we do. Through our non-legal business MDR Discover, our in-house team of eDiscovery experts are able to reduce the cost and complexity of large-scale litigation.

Where financial data collection and storage becomes contentious, our highly experienced Data Protection team can advise on strategy and, where necessary, litigate data theft and misuse cases.

  • Banking Disputes
  • Loans and Structured Finance
  • Shareholder Disputes 
  • Private Equity and Investment Fund Disputes
  • Contentious Regulatory
  • Complex Commercial Disputes
  • Financial Products
  • Complex Fraud and asset tracing
  • Mis-selling claims
  • Group litigation
  • Successfully represented AMERICAN EXPRESS in a merchant acquisition agreements dispute conducted under the rules of the LCIA.
  • Advising the private equity firm, TERRA FIRMA, in respect of the re-trial of its US$ multi-billion claim against Citigroup arising out of the acquisition of EMI.
  • Successfully represented a number of Russian individuals and corporations in a multi-jurisdictional US$500m claim relating to the funding and finance of substantial real estate assets in Montenegro.
  • Successfully represented BAIN CAPITAL and the Ideal Standard Group in declaratory proceedings relating to the powers of Majority Lenders and alleged events of default.
  • Acting for Maze Sarl in defending a Commercial Court claim concerning enforcement action taken by VTB (Russia's second largest bank), over the majority shares in Vivacom.
  • Acting for Totisa Holdings S.A., the shareholders of Totisa's parent company, and other companies within the oil and gas group, in English proceedings brought against Totisa by ABN Amro Bank N.V in relation to alleged breaches of the payment provisions of a term loan facility.
  • Acting for Duet Group Limited in a claim issued against it in the Commercial Court. These proceedings arise from the alleged default by an entity related to Duet under a complex loan facility provided by Colony Capital through a Luxembourgian lending vehicle.
  • Successfully represented ANGLO IRISH ASSET FINANCE PLC in the Court of Appeal in resisting an appeal by the owners of collapsed property companies against a first instance judgment refusing them security for costs against the Bank. The Bank’s claims arose from guarantees and the Defendants counterclaimed the sum of £200 million.
  • Successfully resolved for the Russian Bank, OJSC URALSIB BANK, through High Court proceedings a claim brought by the bank relating to the rights attaching to US$100 million in loan participation notes. The Bank argued that resolutions proposed and passed by the majority noteholders affecting rights in the notes amounted to a fraud against the minority noteholders.
  • Successfully settled for CREDIT SUISSE TRUST a High Court claim against an international bank in respect of advice given for the acquisition of a US$45m property in Dubai.
  • Successfully represented STANDARD CHARTERED BANK in proceedings before the High Court and Court of Appeal in relation to a substantial demand guarantee dispute, which formed part of a US$130m contract for the supply of electricity in Bangladesh.
  • Acted in the first ever case in front of the Courts to challenge the FSA’s role in assisting the SEC by obtaining documents in the UK. Given that there are several hundred requests to the FSA each year to assist overseas regulators, the case was of real regulatory significance. The case was ultimately decided by the Court of Appeal.
  • Successfully advised AMERICAN EXPRESS in an appeal to the High Court relating to alleged minor technical defects in a default notice served pursuant s87(1) of the Consumer Credit Act 1974.
  • Acting for the former majority shareholder of a large Central Euroasian bank in relation to his claims against the government and its agencies running to hundreds of millions of dollars.
  • Acted for a high profile Russian national in respect of Commercial Court proceedings brought against him by the Administrators of a Lithuanian bank together with freezing orders in the region of €600 million for the alleged misappropriation of securities from the bank.
  • Resolved for borrowers and guarantors disputes with lenders in relation to property and corporate acquisition finance including interest rate hedging products.
  • Acting as litigation counsel for one of the world’s leading private investment and asset management firms in a dispute with its lenders concerning allegations that one of its major investment entities is in default of a US$1bn loan facility.
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