Finance litigation

In any high-stakes financial dispute you want to be certain that you have legal specialists on your side with decades of experience in the field. Our award-winning finance litigation practice has acted on some of the most high-profile and complex banking disputes. Visit our finance litigation hub.
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Featuring leading litigation lawyers with Legal 500 and Chambers recognition, our team deals with many of the largest disputes of the day.

We advise clients on private and retail banking disputes; investment banking and structured finance disputes; trade finance disputes (including letters of credit, performance bonds, guarantees and bills of exchange); recovery strategies; asset finance disputes; and fraud and asset recovery matters.

We act for, and against, banks and other financial institutions; hedge funds, closed end funds, and other funds; corporates; insolvency practitioners; and individuals.

Our highly regarded financial regulatory and sanctions team represents institutions and individuals in a variety of investigations, with a particularly wide experience of advising on LIBOR and FX related investigations and sanctions issues.

We have litigators that can help you solve finance related disputes in High Court cases and arbitrations, as well as banking litigators in France, Dubai, Hong Kong and Singapore.

"The team is very committed. Its main strength is its proactive approach; it anticipates problems that will arise and prepares the line to be adopted well in advance. This has the advantage of avoiding any unpleasant surprises and  preparing positions with the benefit of time."

The Legal 500 UK 2020

Merrill Lynch International

Successfully defended Merrill Lynch International in a claim brought by CFH Clearing Limited in relation to algorithmic foreign exchange trading.

Natixis S.A.

Acting for Natixis in a successful US$35 million Commercial Court claim against Marex Financial relating to five nickel repo transactions.

Macdonald Hotels Ltd

Advising Macdonald Hotels in proceedings in the Commercial Court against the Bank of Scotland/Lloyds Banking Group following Macdonald Hotels' unwarranted placement in Lloyds Banking Group's Business Support Unit.

Raiffeisen Bank International AG

Acting for RBI in relation to claims arising out of the sale of shares and loans to an Indonesian oligarchical group.

Aggreko International Projects Limited

Representing Aggreko in its successful application for a without notice prohibitory injunction, which restrained payment from being made under a guarantee structure involving banks in London and Yemen, and representing Aggreko in the contested return date hearing in which the Court maintained the injunction.

Various Claimants v Visa Europe Ltd and others; Various Claimants v MasterCard Inc and others

Acting for over 1,000 claimants in 14 separate claims against Visa and MasterCard for the recovery of interchange fees that were imposed on the claimants by the card schemes in contravention of European and UK competition law. The claims are valued at over £500 million.

Euro-Asian Oil SA

Represented a major oil trader in Commercial Court proceedings against Credit Suisse resulting in an US$18 million judgment in our client's favour.

LIBOR and FX

Advising on a number of matters involving allegations of LIBOR manipulation and mis-selling. We have been involved in one of the major test cases on LIBOR issues and continue to advise on UK and international investigations. We are also advising on a number of matters involving allegations of misconduct and the use of anti-competitive devices in the FX market both in the UK and the US. We have advised on a number of recent high profile international spot fix manipulation investigations.

SPL Guernsey ICC Ltd

Acting for SPL Guernsey ICC Ltd and its underlying cells in respect of the board's investigation into the Arch-Cru affair involving substantial losses to investors in Arch-Cru funds.

GLAS Trust Corporation Limited

Instructed by the Note Trustee in relation to certain proceedings concerning a complex securitisation transaction, in which the Issuer had issued Class A and B Notes. Also advising on an on-going basis in relation to the Note Trustee’s role and obligations in the securitisation transaction, which are complex and wide-ranging, and include insolvency aspects.

British Arab Commercial Bank

A high profile claim against AHAB, a Saudi Arabian conglomerate, to recover sums loaned to one of its subsidiaries, ATS. Identified as one of The Lawyer's top 20 cases of recent years, the bank's claim was successful at trial.

Alpha Bank Cyprus Ltd, Bank of Cyprus Public Company Limited, Cyprus Popular Bank Public Co Ltd

Advising a number of major Cypriot banks in relation to a large number of claims based on alleged 'mis-selling' brought in the UK and Cyprus, in some cases in group actions involving hundreds of parties. The claimants in this matter are UK borrowers who entered into loans in order to purchase Cypriot off-plan properties.

Ministry of Defence and Support for the Armed Forces of the Islamic Republic of Iran

Advising Iran's Ministry of Defence, MODSAF, in a long-running commercial dispute with International Military Services, a subsidiary of the UK's Ministry of Defence. The dispute relates to the enforcement of two ICC awards in favour of MODSAF. The English proceedings are significant for their consideration of financial sanctions in the context of the enforcement of New York Convention awards and also have wider application to issues concerning financial sanctions in banking litigation in general.

Lawyer

Edward Davis Partner

T:  +44 20 7809 2327
M:  Email Edward | Vcard Office:  London

Lawyer

Sue Millar Partner

T:  + 44 20 7809 2329
M:  + 44 7825 625 898 Email Sue | Vcard Office:  London

Latest news & insights

21 Jul 2021

From Insights

ESG and litigation risks

In this article, we consider the nature of ESG litigation and the potential legal challenges ESG may bring.

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15 Jul 2021

From Insights

Adapting to a changing climate: an introduction to ESG

ESG stands for environmental, social and governance, a term used both in specific legal and regulatory contexts and more generally to capture a wide range of character..

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02 Jul 2021

From Insights

Give back the money I sent you – I have made a mistake!

In most cases, if you have paid out monies by mistake and the recipient has been “unjustly enriched”, you can get your money back.

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01 Jul 2021

From Insights

Finance litigation update - July 2021

Welcome to the latest finance litigation update, in which we summarise some of the most significant cases and other developments relevant to banks and other financial ..

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16 Jun 2021

From Insights

Sanctions wave intensifies compliance headaches

In an article published by The Banker, Stephenson Harwood of counsel Stephen Ashley shares his insights on the difficulties faced by banks in complying with sanctions ..

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08 Jun 2021

From Insights

Secret commissions: no fiduciary duty required to find liability (Wood v Commercial First)

The Court of Appeal has ruled it is not necessary to find a fiduciary duty to grant civil remedies for the payment or receipt of a bribe or secret commission.

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14 May 2021

From Insights

Unpacking the EU Sanctions Blocking Regulation: Bank Melli v Telekom Deutschland

This week saw the first commentary from a member of the EU's highest Court on the EU Blocking Regulation since it was brought into renewed focus following the US withd..

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20 Apr 2021

From Insights

Asymmetric jurisdiction clauses & the Hague Choice of Court Convention: time to shape up? (Etihad Airways v Flöther)

The 2005 Hague Convention on Choice of Court Agreements (the “Convention”) has been thrown into the spotlight recently. Following Brexit, the Brussels Recast Regulatio..

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01 Apr 2021

From Insights

When is an error a manifest error?

In last month’s decision in Flowgroup plc v Co-operative Energy Ltd, Adrian Beltrami QC dismissed a seller’s claim to set aside an expert's determination made in the c..

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11 Mar 2021

From Insights

The Quincecare duty: what do banks need to know?

In a recent series of cases, the courts have considered the scope of the so-called Quincecare duty – or, in other words, the duty not to follow a customer’s instructio..

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25 Feb 2021

From Insights

Misrepresentation requires ‘active appreciation’—assumption is not enough (Leeds City Council and others v Barclays)

The court has struck out fraudulent misrepresentation claims brought by Leeds City Council and others against Barclays in connection with the ‘LIBOR rigging affair of ..

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22 Feb 2021

From Insights

Key issues for breach of warranty claims and the potential impact of Covid-19

In the early part of 2020, Covid-19 entered all of our personal and professional lives and substantially changed the world (hopefully temporarily) in almost every resp..

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16 Feb 2021

From Insights

Knowing receipt: not what you know but what you receive

The High Court's recent judgment in Byers and others v Samba Financial Group [2021] EWHC 60 (Ch) addresses an important question in the law of knowing receipt.

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02 Feb 2021

From Insights

Unknown knowns, Norwich Pharmacal Orders & banks’ duties to their customers

Sometimes a claimant knows (or thinks they know) a wrongdoing has happened but either they do not have the evidence to prove it or they don’t know the identity of the ..

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01 Feb 2021

From Insights

Marex: Where next for the rule against reflective loss?

The Supreme Court’s decision in Sevilleja v Marex Financial Ltd [2020] UKSC 31 of 15 July 2020 provided much needed clarity on the scope of the rule against “reflectiv..

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20 Jan 2021

From Insights

Financial mis-selling claims: Fine Care v Natwest Markets Plc

Banks and other financial institutions selling financial products will inevitably owe their customers various duties.

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