Banking disputes

Disputes between banks and their clients, and sometimes between banks and other banks, are sometimes unavoidable.

Many law firms cannot act against banks when they are asked to advise clients on matters adverse to them because they are on the panels of the major banks. With a few exceptions, our team does not have those constraints.

As a consequence, we are able to advise clients about all issues arising from the bank/customer relationship. These include breach of mandate, breach of confidentiality, and breach of duty in regard to investment and other financial advice.

We provide guidance on matters relating to guarantees and banking security (for example regarding mortgages and charges), negotiable instruments such as cheques, bills of exchange and promissory notes, documentary credits, and derivatives and other financial instruments, as well as on the duties of banks and insolvency office holders in regard to insolvent customers.

Recent work

  • Advising on a European bank's duties in the face of an imminent demand under a performance bond, which could be in possible conflict with UN sanctions.
  • Representing the largest bank in India in an arbitration concerning the introduction of software to thousands of its branches.
  • Acting against one of the largest UK banks in a dispute over the making of a loan for the development of a household name supermarket and the related hedging of the loan by the use of an interest rate swap.
  • Acting against one of the world's largest investment banks in a dispute over their investment advice concerning a £20m portfolio.