DR_Banking Litigation and Receiverships

BANKING LITIGATION

examples of work 

  • Advising an overseas bank upon its disclosure obligations under a High Court Third Party Debt Order
  • Acting for a lender in successfully obtaining a Non-Party Costs Order against a director who had controlled, funded and sought to benefit from his company's failed Defence and Counterclaim
  • Acting for a bank in resisting a claim for consequential losses of £1.5m+, alleged to have been caused by banking operational errors
  • Acting for a lender in defending and defeating RCJ applications for non-party and third party disclosure orders
  • Acting for a bank in a constructive trust dispute regarding a former law firm's bank accounts
  • Advising a bank on, and resolving, claims and cross-claims arising from frauds within a trade association and from frauds within an engineering company
  • Acting for a lender in enforcing a £3.25m personal guarantee, supported by a highly bespoke residential security
  • Acting for a lender in pursuing and resolving a £1.2m claim against a firm of surveyors for professional negligence in the valuation of a portfolio of multiple-occupation properties
  • Advising a lender regarding claims arising from a disputed appointment of company administrators
  • Acting for a lender in the defence of a £1m High Court claim for breach of contract and/or negligence in respect of the calculation of indicative breakage costs under the terms of a facility agreement
  • Advising the trustees of a bank's pension fund in respect of their proposed participation in a class action against another bank (and directors of that bank), in relation to a claim for misrepresentation and/or breach of statutory duty arising out of an historical rights issue
  • Successfully acting for a bank in the Court of Appeal regarding the duties of paying banks when making CHAPS payments on behalf of corporate customers (Tidal Energy Limited v Bank of Scotland plc)
  • Acting for a lender in a successful 5 day trial before a High Court judge in relation to £1.5m lending and security over a valuable multi-occupancy property awaiting development and defeating a £1.2m counterclaim
  • Acting for a lender in enforcing its security over mixed use high value real estate in London
  • Successfully acting for a bank in the Court of Appeal regarding an application for a cost capping order
  • Recovery for a lender of over £3million on an outstanding buy-to-let loan, which included the tracing and recovering of a large yacht
  • Acting for a bank in defending and resolving a £1.5million claim for losses arising from fraud within a London real estate corporate
  • Acting for a lender in defending and defeating a £10million claim arising from disputes with a regional transport business

 

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RECEIVERSHIPs

examples of work

  • Advising court-appointed receivers on the formation of the order to appoint them, and on all aspects of its implementation, in relation to the receivership of a Central London property portfolio, following a protracted partnership dispute
  • Advising bank-appointed receivers in relation to high value London offices, with multiple commercial occupiers, including dealings with the outgoing borrower
  • Acting for building society- appointed receivers in successfully resisting an application for an injunction to prevent their disposal of a portfolio of flats at auction
  • Advising receivers upon a complex agricultural appointment, seeking practical solutions to contentious matters arising from both titles and occupiers
  • Advising receivers upon a complex healthcare centre appointment, after a disclaimed freehold had passed by escheat to the Duchy of Lancaster, and with a variety of related business occupiers. Our role included the grant of a new lease to the formerly bankrupt borrower, and the re-arranging of the other rights of occupation, prior to the disposal of the freehold by the receivers.
  • Advising receivers on a contentious appointment over a licensed HMO with multiple underlying disputes, including advice on obtaining possession from persons unknown.
  • Advising receivers upon an investment portfolio appointment by a building society, following apparent fraud by the borrower and after the lender's consolidation of multiple loans. Our role included advising on two freehold flats and also the need to obtain prior consent from the NCA
  • Advising receivers upon a mixed commercial and residential portfolio appointment, involving a borrower who was both deceased and bankrupt. Our role included advice on securing possession and on dealing with rights of pre-emption to qualifying leaseholders when selling freeholds
  • Advising receivers appointed by a bank over a mixed use commercial premises, involving the apparent tipping of chattels at the property by persons unknown, the ability to receive rent for advertisement hoardings affixed to part of the building, and issues relating to the overhanging of the advertisement hoardings on adjoining property in the possession of a third party
  • Advising receivers in relation to appointments by a bank over leasehold properties subject to a restraint order, following the criminal conviction of the corporate borrower's principal director and shareholder, including applying to the criminal court for a variation of the terms of the restraint order, and dealing with the consequences of the dissolution of the corporate borrower

 

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