Commercial Dispute Resolution

Banking & Financial Regulation

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Members have experience of claims made under the provisions of the Financial Services and Markets Act and the Financial Services and Markets Act 2000 (Regulated Activities) Order, including claims relating to alleged breaches of the general prohibition and claims relating to the enforceability of regulated mortgage agreements and other lending mis-selling claims including the mis-selling of derivative products and those products which contain a derivative element, such as fixed rate loans. 

We advise and appear both for and against financial institutions and advising in financial disputes including cases where customers have suffered the consequences of misrepresentation and breach of lending agreements, and extensive experience of disputes affecting financial services professionals and consumers, in particular claims for breach of duty by IFAs .

The team also deal with litigation involving all aspects of retail and commercial banking and have been involved in cases regarding interest rate swaps and misrepresentation. Other subject matters include cheque conversion, breach of mandate, bailment and a variety of disputes concerning the enforceability of securities, including guarantees and mortgages. 

We have depth experience in a wide variety of failed funds and investments including Harlequin, Sustainable Growth Group in Cambodia, Alpha Bank, Cyprus, Unregulated Collective Investment Schemes and Ready2Rent/Ready2Invest in Croatia, Bulgaria and Montenegro. 
We also advise and represent firms on their approaches to UK regulators including anonymised scoping, and corporates in relation to regulatory action brought by the FCA for any breach of FSMA and in relation to criminal liability. 

Representative cases

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Acting for multiple investors arising from financial advice received regarding re-mortgaging their homes in order to fund overseas developments. Following investment in the scheme the land remains undeveloped.

Advising a group of investors following their receipt of negligent advice before investing through SGG in jatropha seeds in Thailand.

Instructed in an arbitration by an international private equity group concerning an investment in Asia Pacific and a dispute under a shareholders’ agreement. The dispute value amounts to US$70 million.

Acting for Kroll as fixed charge receiver and tertiary lender seeking to recover possession of commercial assets following termination of a £10m finance facility.

FCA Market abuse and insider dealing allegations involving City traders.

FCA v GS and Others

Acting for a banker alongside his employer, a bank in Dubai and Switzerland, and solicitors, both as a firm and individually, following the claimant being duped to invest 100million euros. The claim gave rise to arguments concerning money laundering, breach of trust, dishonest assistance, professional obligations of solicitors and fiduciary duties of banks and their employees.

Claim under unfair relationship provisions of the Consumer Credit Act 1974 in relation to the sale of c.£40,000,000 loan for purchase of Heron House, Manchester.

Acting for Cypriot investors in response to a claim from Mars Capital seeking to enforce debts acquired from Laiki Bank and the Cypriot government following the banking crisis in 2007. Challenge was raised as to Mars’ entitlement to enforce the debt; failing to satisfy good title with challenges to the

Acting for partners in a Doctor’s surgery in relation to alleged mis-selling of loans to the GPs’ practice by Aviva.

Acting for hundreds of investors in response to a claim brought against them by Alpha Bank, Cyprus following investments in property in Cyprus. The claim included allegations of professional negligence against their professional advisers in the UK, for negligence and conflict of interest against their appointed lawyers in Cyprus and allegations of fraudulent documentation.

Representative cases

View cases

Advising a group of investors following their receipt of negligent advice before investing through SGG in jatropha seeds in Thailand.

Acting for Kroll as fixed charge receiver and tertiary lender seeking to recover possession of commercial assets following termination of a £10m finance facility.

FCA Market abuse and insider dealing allegations involving City traders.

FCA v GS and Others

Claim under unfair relationship provisions of the Consumer Credit Act 1974 in relation to the sale of c.£40,000,000 loan for purchase of Heron House, Manchester.

Acting for partners in a Doctor’s surgery in relation to alleged mis-selling of loans to the GPs’ practice by Aviva.

Representative cases

Advising a group of investors following their receipt of negligent advice before investing through SGG in jatropha seeds in Thailand.

Acting for Kroll as fixed charge receiver and tertiary lender seeking to recover possession of commercial assets following termination of a £10m finance facility.

FCA Market abuse and insider dealing allegations involving City traders.

FCA v GS and Others

Claim under unfair relationship provisions of the Consumer Credit Act 1974 in relation to the sale of c.£40,000,000 loan for purchase of Heron House, Manchester.

Acting for partners in a Doctor’s surgery in relation to alleged mis-selling of loans to the GPs’ practice by Aviva.