Banking and Finance Disputes

Our banking and financial services litigation practice

Led by Joshua Fineman, our banking and finance lawyers act for claimants and defendants in a broad range of complex banking and financial services-related disputes. We pursue claims on behalf of individuals, businesses and organisations seeking to recover losses, and hold individuals, institutions and professional advisors to account. We are well-versed in using available court mechanisms to freeze assets, compel disclosure, trace monies, pursue forensic investigations and uncover wrongdoing.

We have substantial experience of acting on behalf of financial services professionals, both individual and corporate, in disputes relating to complex and novel financial structures, and in regulated permitted activity. We work alongside some of the leading experts in the financial services sector and understand the market and the mindset of industry professionals. We also know how to translate that into court filings that move the dial and strengthen your position in litigation.

Banking and financial services disputes

A significant part of our practice involves pursuing claims on behalf of and against banks, custodians and other financial institutions for unlawful conduct, mis-sold financial products and breaches of duty. These cases often require detailed forensic analysis of documentation and financial records, as well as a deep understanding of banking and securities practices.

We have extensive experience pursuing disclosure orders against banks and other financial institutions. We have been directly involved in some of the leading cases concerning the duties of financial institutions that have, or may have, knowledge of fraud or other wrongdoing. We also pursue professional negligence claims against professional advisers.

Examples of cases our fee earners have been involved in include:

• Acting for three of the leading individual defendants in the SKAT litigation, which is one of the biggest cases ever to come before the English Courts. The case centred on the detailed consideration of heavily structured cum-ex trading. All claims against the clients were dismissed in their entirety.
• Acting for a group of loan note holders in substantial litigation relating to a complex but unregulated investment structure covering real estate investments, with total losses exceeding £40 million.
• Acting in high-value cross-border litigation relating to complex issues concerning a securities-backed loan agreement, short selling, rehypothecation and other related trading.
• Advising on a voluntary FCA-style redistribution scheme for a decentralised cryptocurrency investment scheme.

Strategic representation in banking and financial services related disputes

Our lawyers work closely with clients to develop a strategy that reflects their legal and commercial objectives, whether that involves negotiated settlement, alternative dispute resolution or litigation. From the outset, we provide clear, practical advice on the strengths of a claim or defence, the risks involved and the options available to protect our clients’ interests and achieve the best possible outcome, always with the client’s key objectives at the forefront of our minds.

Where settlement is not possible, we have the know-how, experience and advocacy skills to pursue claims robustly through to trial. Our expertise in complex litigation, fraud and asset recovery enables us to secure and enforce judgments both in England and Wales and, as is so often the case, across the globe as needed.

Banking and Finance FAQs