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

Tchenguiz Family Trust

Litigation against Kaupthing Bank (in liquidation). Together with a related claim, the sums at stake represented 1/3 of the GDP of Iceland. We won The Lawyer magazine's "Litigation Team of the Year" 2012 for our work on this litigation.

Madoff

Representing FIM Advisers LLP in proceedings against it arising out of the operation of the largest Ponzi scheme in history. We are also advising a leading European bank on its global strategy in relation to its Madoff related exposure.

Natixis

Acting in a claim brought by Goldman Sachs arising out of the termination of credit default swaps with a combined notional amount of US$500m. The claim settled on favourable terms on the first day of trial.

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.

Arch Cru

Obtained a favourable High Court judgment for a Guernsey protected cell company, and the underlying cells, in 2014 in respect of the new board's investigation into the collapse of the "Arch Cru" investment structure that resulted in massive losses to certain OEICs.

Affinion

Advising in respect of a uniquely complex and innovative voluntary consumer redress scheme relating to the way in which its payment card protection products were sold to approximately 2 million retail customers.

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 USA. We have advised on a number of recent high profile international spot fix manipulation investigations.

Eastern European bank collapse

Acting for the bank’s insolvency administrator on claims against a business man who is subject to civil and criminal fraud proceedings in various jurisdictions. We have obtained freezing, third party disclosure and search orders and had 8 separate court hearings, all of which have been successful.

Banking crisis and non-performing loans

Advising a number of European banks on hundreds of recovery and liability proceedings in several jurisdictions arising from multi-billion Euro loan portfolios including the impact of European and national banking and insolvency legislation.

Securities litigation

Acting for a global asset manager in connection with litigation relating to a portfolio of RMBS and CMBS assets including noteholder claims in England and securities fraud claims in New York and California.

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

07 Jul 2020

From Insights

Finance litigation: 10 legal risks

In this article, we examine key issues to be aware of from a legal perspective and highlight practical steps that can be taken to minimise risk.

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25 Jun 2020

From Insights

Finance litigation update – June 2020

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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19 Jun 2020

From Insights

Financial mis-selling claims: A checklist for carrying out initial analysis of their prospects

In this article, we have set out an Initial check list that can be used to assess whether a prospective or intimated financial mis-selling claim would be able to overc..

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04 May 2020

From Insights

Advising on alternatives to LIBOR: the risks in going risk-free

LIBOR will cease to be published (or at least LIBOR panel banks will no longer be compelled to submit quotes) in December 2021.

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30 Apr 2020

From Insights

Enforcement in the asset management context: what is the relevant asset and who does it belong to?

The Commercial Court in London has recently given judgment in the latest instalment of a long-running dispute concerning the Republic of Kazakhstan, the National Bank ..

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23 Apr 2020

From Insights

When is talking to your lawyer not a privilege? CAA v Jet2 and RBI v ACE & Ashurst

The answer (in 1881) was: “This subject is always a difficult one” Quoting from that judgment in 2020, the Court of Appeal observed: “the subject has not become any mo..

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14 Apr 2020

From Insights

Notice Clauses in Finance Contracts: Alfred Street v NAMA & Ors

In a recent decision, the Commercial Court has provided guidance on the interpretation of the ISDA Master Agreement and 2000 Definitions.

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08 Apr 2020

From Insights

Guaranteeing performance: Yuanda v Multiplex & Anor

Fraser J’s recent decision in Yuanda (UK) Co Ltd v Multiplex Construction Europe Ltd (formerly known as Brookfield Multiplex Construction Europe Ltd) & Anor [2020] EWH..

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03 Mar 2020

From Insights

Implied terms, relational contracts and good faith: Taqa Bratani & Ors v Rockrose

When and why will the courts imply a term into a contract? This vexed question was recently considered by the courts in Taqa Bratani & Ors v Rockrose UKCS8 LLC [2020] ..

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20 Dec 2019

From Insights

Finance litigation update - December 2019

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

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13 Dec 2019

From Insights

Un expert des contentieux complexes et stratégiques

Savoir maîtriser les différents mécanismes des modes amiables pour en jouer selon les intérêts des clients et les caractéristiques des dossiers est essentiel mais des ..

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13 Dec 2019

From Insights

Commercial Court considers the scope and effect of an asymmetric jurisdiction clause

In Etihad Airways v Flöther [2019] EWHC 3107 (Comm) the Court found that disputes arising out of a comfort letter were subject to a jurisdiction clause in an associate..

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11 Dec 2019

From Insights

A Bank’s Duty of (Quince)care: Federal Republic of Nigeria v JP Morgan Chase

In what looks likely to be a long-running and high profile legal battle, with enormous sums of public money at stake, the Court of Appeal has upheld the decision of th..

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18 Nov 2019

From Insights

Singularis: Quincecare revisited

In a significant ruling regarding financial institutions’ duties of care to their customers, the Supreme Court has unanimously dismissed Daiwa’s appeal in Singularis H..

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22 Oct 2019

From Insights

Finance litigation: key cases of 2019 (2019 webcast)

In the final webcast of this year’s banking and financial litigation webcast series, associate Helen Fitz-Hugh talks about three significant cases relevant to banks an..

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15 Oct 2019

From Insights

Standard clauses in finance contracts – why include them? (2019 webcast)

In this webcast, senior associate Rabia Ramputh reviews key cases from this year which highlight the importance of including certain standard clauses in finance contra..

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