Banking disputes

Our recent banking disputes experience includes:

  • Advising upon a bank freezing the monies in a client's bank accounts and then closing accounts without giving reason, including consideration of the anti-money laundering regulations.
  • Issuing defamation proceedings against a bank that gave a misleading reference to a client's customer.
  • Obtaining an order against five banks for disclosure of their files to a US court.
  • Advising clients on the powers and obligations of English banks when providing information for the purposes of an investigation by overseas prosecuting authorities.
  • Advising a guarantor on his rights of subrogation to the bank's security, his rights to priority in the event of being subrogated and the effect of a limited waiver of his right to subrogation contained in the guarantee.
  • Resisting the appointment by a bank of a Law of Property Act Receiver over a property portfolio; in another case opposing sales and other steps proposed to be taken by a LPA Receiver.
  • Resisting enforcement of personal guarantees given for bank lending to more than 20 property companies, alleging misrepresentation and collateral contractual terms; pursuing allegations that the banks had unreasonably caused the collapse of the group.
  • Representing a client in a banking dispute where the bank was insisting on unreasonable conditions for lending, including unnecessarily expensive political risk insurance.
  • Representing property companies, disputing that loan to value covenants had been breached.
  • Advising a non-domiciled client on his losses claimed against a bank arising from the negligence of the bank regarding exchange rate movements on a large foreign currency mortgage.
  • Contending that a bank had made an oral contract that the interest rate margin would not be increased for a number of years.
  • Advising a foreign bank in London on the obligations to it of an English clearing bank that had paid out on fraudulently drawn cheques.
  • Advising in a case where brokers were holding shares in safe custody but where their insolvency led to their Special Administrators treating the shareholder as an unsecured creditor.
  • Acting for a company whose main competitor was taken over by a leading bank which was providing finance facilities to our clients who alleged that the bank was unreasonably favouring the competitor.

Additional information