Banking & Financial Litigation

Our banking and financial litigation team provides a swift, practical and commercially focused service to clearing banks, other UK banks and a number of overseas banks with branches or representative offices in London.

We also act for commercial clients in banking and financial disputes. Working within our banking and finance practice, the team features lawyers who specialise in banking and financial services and works closely with our non-contentious finance and insolvency teams.

The work of the group includes:

  • Reviewing security, addressing deficiencies and pre-empting potential claims or defences
  • Recovery litigation, including disputed security and enforcement
  • Insolvency, acting for banks, insolvency practitioners and creditors
  • Fraud, payments by mistake, restitution, constructive trusts and injunctions
  • Breaches of mandate, disputes concerning cheques, bills of exchange, documentary credits and performance bonds
  • Payment systems
  • Mis-selling claims, including swaps
  • Claims against professionals, including surveyors, accountants and solicitors
  • Disputes between banks

The team works closely with other parts of the firm to offer our clients a broad range of expertise including property law, planning, environment, corporate finance, trusts and tax.

If you have any questions or queries please call Steven on +44 (0)20 3036 7258 or email smash@fladgate.com

Fladgate LLP acts in property sector related banking disputes, financial services claims, and international banking cases.

Legal 500
 
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Fladgate LLP acts in property sector related banking disputes, financial services claims, and international banking cases.  Simon Brew and Alexander Wildschütz are key advisers.

Legal 500

Fladgate LLP acted for a group of retail and institutional investors in litigation against RBS arising from its rights issue. Simon Ekins and Simon Brew are recommended alongside Mark Buckley, who is ‘a great tactician’, Bree Taylor, who is ‘a tough, smart litigator’, and the ‘exceptional’ Steven Mash.  Alexander Wildschütz, David Weare and Digby Hebbard are also well regarded.

Legal 500

Fladgate LLP recently represented a group of private investors against the VEB Bank of Russia in claims exceeding £25m, concerning bonds on which the debtors defaulted. Simon Brew and Alexander Wildschütz are recommended.

Legal 500

Fladgate LLP’s “team has a wealth of knowledge and experience”. It was instructed by a former director of Hertie, and its wholly owned subsidiary, in a dispute concerning the extension of funding by GMAC Commercial Finance under a facility agreement.

Legal 500

At Fladgate LLP, the team is acting for a high net worth Saudi in a claim for the mis-selling of leveraged structured notes.

Legal 500

Fladgate LLP has a growing reputation, and has been particularly busy acting against Swiss banks.  The team is experienced in international matters, including conflicts of law and jurisdiction.

Legal 500

  • New York lender – defending claims by Australian mining companies regarding operation of accounts in Switzerland.
  • German bank – various £multimillion arbitration claims in the International Chamber of Commerce Paris and The London Court of International Arbitration against London based insurance syndicates.
  • Private investors – High Court proceedings against a Russian bank in claims exceeding £25m under bonds on which the debtors have defaulted.
  • Swotbooks.com Limited – obtaining a successful judgment against Royal Bank of Scotland plc, with the court declaring that the bank was not entitled to pay out under a standby letter of credit which it issued to a German wholesaler.
  • Forex dealing – US$20m claim for false accounting of foreign exchange dealing through HSBC Monaco.
  • Hong Kong exporter – documentary credit claim against HSBC where payment was refused in regard to a US$25m export of televisions to Dixon Group and disputing allegations of fraud.
  • ISDA defaults – advising customers on payment suspensions following lender insolvency.
  • Middle Eastern claimant – US$35m claim against a Swiss bank.
  • Mortgage fraud – acting for a clearing bank against two firms of solicitors (and a valuer) arising out of a failure to notify the lender as to the existence of a substantial price differential in the sub–sale which was, prima facie, evidence of mortgage fraud. The action was successfully compromised following ADR.
  • Wealthy expats – successful claims against HSBC Republic (Monaco) SA (formerly Republic National Bank of New York) following a staff fraud.
  • Swaps/mis–selling – advising various clients in connection with existing callable SWAP or Base Rate Collar hedging agreements with banks; including as to whether these were mis–sold and possible rights of action against various banks in relation to those instruments.
  • Private bank – £12m breach of trust claim brought by the beneficiaries of a family trust with an interest in a substantial mixed use mansion block on Baker Street, London.
  • Royal Bank of Scotland v Etridge – acting for RBS throughout and at the House of Lords in relation to undue influence and constructive notice.
  • German bank – claim involving complex issues of breaches or warranties of English law policies and liability under German law contracts following settlement of agreements with the insurers.