Banking & Finance Cases

• Claim by peer-to-peer lender against personal guarantor, defended on the grounds of misrepresentations as to strength of borrower’s covenant.

• Cryptocurrencies – claim for post-Bitcoin-fork airdropped currencies and for access problems on trading platform during slide in Bitcoin price.

• Claim against five directors under guarantees of invoice financing facility defended on grounds of misrepresentation.

• Claims for fair value and dividends following orally agreed exit from financial trading business in the context of a written SHA with “no-oral-modification” clause.

• Dispute relating to the development of a climate change analytics product for fund and investment managers.

• Claim for possession against personal guarantors of company debt, defended on human rights grounds due to the disability and terminal illness of one of the guarantors.

• Claim by M&A advisers for uplift to success fee on delays to corporate transaction.

• Claim for possession and balance of loan defended on grounds of non-compliance with CCA. 

• Claim for an account of profits in various trading and capital markets businesses related to partnership business.  

• Claim for spread-betting losses following collapse of CHF against the Euro on the Swiss government announcement of the removal of the CHF exchange rate floor. 

• Claim by invoice financing company met with counterclaims for rebates and price support allegedly agreed with supplier. 

• Claim for unpaid assigned invoices defended on the grounds of rebate entitlement and counter-defended on grounds of unsatisfied payment terms alleged to be conditions of the rebate agreement. 

• Claim against personal guarantors of clothing manufacturing business’s obligations under a trade finance and invoice factoring facility, involving issues of misrepresentation and rectification. 

• Security claims over several properties owned by family members defended on Etridge principles. 

• Repossession proceedings defended on the basis of allegedly mis-sold CHF denominated mortgage. 

• Claim for knowing assistance in breach of fiduciary duty against spread-betting company for collusion in secret commissions to introducing brokers. 

• Claim for repayment of private loan/investment agreement informally documented between family members. 

• Claim by finance company against secondary credit broker and car dealer following multiple fraudulent credit applications.

• Claim by bank for repayment of flexible payment interest-only mortgage defended on grounds of estoppel following historical redemption statement omitting the facility in question on refinancing and release of relevant security as part of a portfolio of securities. 

• Claim by invoice financer and counterclaim for issues of water ingress against manufacturer of windows and doors on two new-build schools.

• Dispute between former co-investors regarding the duties of an investor regarding competition in the international payment services market.

• Claim for repayment and cross-claim for rescission in respect of an Islamic financing structure used to refinance a substantial matrimonial home, involving issues of Sharia’a compliance, Etridge principles and misrepresentation.

• Claim against bank for reimbursement of substantial sums following a successful phone scam against a commercial customer.

• Numerous claims for mis-selling of interest-rate and currency hedging products in various industry sectors including public houses, property development, property investment, economic consultancy and garden products, and also in the context of a residential mortgage product.

• Claim against guarantors under an invoice finance facility triggered by admitted fraudulent breaches of warranties and defended partly on the basis of the separation of loss following a sub-participation agreement involving the lender.

• Claims against directors in respect of guarantees of lease finance by bus operator.

• Dispute in respect of private loan agreement.

• Claim by bank under Interest Shortfall Guarantee and Pre-Sales Guarantee against personal guarantors of £12m property development.

• Claim for return of escrow funds following sale of IFA network under corporate sale and purchase documents.

• Claim by investors against financial advisers for £750,000 in relation to the purchase of an investment bond, involving
  issues of risk profiling, commissions, third party adviser liability and quantum.

• Dispute between a UK bank and a US technology company arising out of termination of a contract to provide security technology services to a worldwide card payment system.

• Numerous personal guarantee claims by banks.

• Dispute between banks regarding priority of security following mistake on redemption.

• Claim against bank for conversion of cheques following fraud by employee and authorised signatory.

• Numerous claims by banks against valuers and against solicitors following security shortfalls.

• Claim by bank against solicitors following mistake in effecting redemption. 

• Mediation scheme between bank and insurer in respect of tranches of professional negligence claims against solicitors.

• Claims involving various statutory provisions including the Cheques Acts, the Bills of Exchange Acts and the Consumer Credit Acts 

• Claims relating to asset and lease-financing agreements.

Stuart has experience of litigating and advising on disputes involving banking and financial institutions. Examples include:

• Claim against merchant bank for negligence arising from advice to hostile take-over target and subsequent disciplinary action against directors.

• UK tracing claims arising from proceedings against multiple defendants in Cayman Islands.

• Claims under guarantees against UK listed parent company by 3rd party Spanish finance company and Spanish bank.

• Negotiations with regulators by company managing mortgage loan administration for major banks

• Claims for repossession of fleet quarry trucks under asset finance agreements with operators.

• Advising consumer finance subsidiary on management of multiple claims under the Consumer Credit Acts 

• Various disputes relating to asset and lease-financing arrangements.

• Advising Dutch company on validity and enforceability of claims against Dutch guarantor under Korean loan notes and English law guarantee.

• Claim by university for funding against guarantor.

• Claims under guarantees by former Spanish subsidiary against UK listed parent company

• Dispute between university and investment bank under tax indemnity in development finance agreement.

• Claim against former employer under informal guarantee agreement following dismissal of claimant.

• Guarantee claims against car retail group under finance agreement. 

• Claim by German company under UK guaranteed futures.

• Claim by construction company against personal guarantor.

• Claim by bank against third party invoice finance company.

• Advising on potential claims arising out of sale of HP loan book.

• Various disputes involving cheque exchange company relating to terms and breaches of contract.

• Claim against insurance company under guaranteed annuity option.

• Guaranteed claims against Jersey trustee company by beneficiaries.

• Advising on potential claims against sub-prime lender on sale of European loan book.

• Claims against individual defendants by US companies under guarantees.

• Claims by bank against individual borrowers.

• Advising investment bank in various potential claims 

• Advising on potential claims by investment company arising out of renegotiation of banking facilities.

• Claim for fees by solicitors’ firm against personal guarantors.

• Dispute between UK listed company and mortgage trust company.

• Advising corporate bankers in giving evidence to Serious Fraud Office regarding investigation into collapsed international publishing group.

• Claims by Spanish bank against various creditors under personal guarantees.

• Dispute between UK bank and counter-party in joint venture property development in Portugal over terms of agreement.

• Advising on restitutionary claims by local authorities under interest rate swap agreements.

• Application by creditor against Spanish bank to set aside statutory demand.

• Internal investigation by bank into lending to collapsed international publishing company.

• Application by bank for forfeiture of security over shares in house-building company.

 • Advising merchant bank in providing evidence to regulator for alleged breaches.

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