Banking and finance

Members of Chambers have substantial experience in banking and finance and in the related field of financial services regulation.  A number of our members are recognised in the legal directories as “leaders of their field” in this area.  Our banking and finance work is complemented by our experience ‘offshore’ and our expertise in the related areas of insolvency, professional liability, civil fraud and trusts.

Typical work includes:

  • Breach of mandate
  • Claims for breach of duty of care
  • Claims for poor investment advice, “mis-selling” or benchmark (eg LIBOR) manipulation
  • Professional negligence claims against advisers (eg. valuers, lawyers or other professionals advising banks)
  • Consumer Credit Act
  • The Financial Ombudsman Service and the Financial Services Compensation Scheme
  • Advice on the Financial Services and Markets Act 2000 and the FCA Handbook
  • Capital adequacy
  • Fraud and money laundering
  • Regulatory investigations
  • Investment Banking
  • Syndicated lending
  • Disputes arising out of the enforcement of guarantees, charges, bills of sale or other securities
  • Securitisation
  • Disputes regarding cheques, promissory notes or other negotiable instruments
  • Dispute relating to payments eg payments made by mistake, EFT and phishing
  • Asset tracing, preservation and recovery
  • Islamic Finance

Notable cases

Invest Bank v El-Husseini and Others [2022]

The Judge held that it is clear that there is reciprocity of enforcement of judgments between the English court and the UAE courts, and that enforcement of a costs order is not contrary to the public policy of the UAE. The Judge also found that “a straightforward route” to enforcement of an English costs would be to enforce the judgment in the DIFC and then to enforce the resulting DIFC judgment in the UAE.

Abu Dhabi Commercial Bank PJSC v Shetty & others [2022]

A US$1 Billion damages claim, which arose out of the collapse of NMC PLC, a former FTSE 100 company, and its operating subsidiaries in the UAE, all of which are now in administration in England and Wales and the UAE. The claimant is an Abu Dhabi-based bank, and the first to third defendants are the former private shareholders in NMC PLC. The Bank alleged that the defendants are responsible, with others, for a serious fraud that appears to have taken place within the NMC Group of companies. The defendants all deny involvement in the fraud.

Manoukian v Société Générale Banque Liban and Bank Audi [2022]

One of The Lawyer’s ‘Top 20 Cases of 2022’: successfully acted for Mr Manoukian in obtaining an order for payment of international transfers from his bank accounts held with the defendants, who are two of the largest banks in Lebanon. Since the onset of the Lebanese economic crisis, Lebanese banks, including the defendants, have refused to make international transfers of the sums held with them in foreign currency by their customers.

In the matter of Lehman Brothers Holdings PLC [2021]

High value, multi-party appeal arising out of the Lehman Brothers’ collapse concerned with the ranking of different tranches of subordinated debt totalling several billions – important case on construction of subordinated debt

The Libyan Investment Authority v Credit Suisse and others [2021]

Acting for one of the successful defendants in his jurisdiction challenge  – a Libyan businessman against whom a claim had been brought by the Libyan Investment Authority alleging fraud and corruption in relation to transactions valued at US$200 million that it had entered into with Credit Suisse bank in 2008 and 2009.

Acting for JP Morgan Chase in relation to possible default under $300m floating rate note.

Litigation arising from the collapse of Northern Rock, Lehman Brothers and the Icelandic bank, Kaupthing.

Representing the liquidator of Lehman Bros International Europe Ltd in relation to the distribution of US $19bn of assets.

Aquarelle Etoile II SA v Etoile Developpement I SA & Ors SA - the repayment of €148m of Islamic finance provided by a Qatari bank to finance the redevelopment of the Place de l'Etoile in Luxembourg.

Acting for the bank in Shah v HSBC Private Bank - the leading case on the conflict between a bank's contractual duties and its duties under POCA.

Acting for liquidator of Isis v Kaupthing in proceedings in which the English Courts interpreted the Credit Institutions (Reorganisation and Winding up) Regulations 2004 concerning cross border cooperation on the liquidation of banks and the ability to counterclaim in proceedings.

In Dextra v Bank of Jamaica acted for claimant in Privy Council appeal seeking restitution and damages for conversion of bill of exchange in decision which established limits of good faith challenge to change of position defence.

Insights View all thought leadership

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    Recent Cases

    No obstacles to enforcement of an English costs order in the UAE

    Commercial disputes, Banking and financial services, Civil fraud and asset recovery, International / offshore

    Alan Gourgey KC
    Tuesday 20 December 2022

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    Recent Cases

    Raiffeisen Bank part 2: Cayman Court of Appeal dismisses two jurisdiction challenges, providing guidance as to the Cayman FDA

    Commercial disputes, Banking and financial services, Civil fraud and asset recovery, Insolvency, International / offshore

    John Wardell KC | Tim Penny KC | Jamie Holmes | Caspar Bartscherer | Jia Wei Lee
    Monday 13 June 2022

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    Recent Cases

    Raiffeisen Bank part 1: Cayman Court of Appeal upholds €153m worldwide freezing injunctions

    Commercial disputes, Banking and financial services, Civil fraud and asset recovery, Insolvency, International / offshore

    Tim Penny KC | John Wardell KC | Jamie Holmes | Jia Wei Lee | Caspar Bartscherer
    Thursday 9 June 2022

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    Recent Cases

    Abu Dhabi Commercial Bank PJSC v Shetty & others [2022] EWHC 529 (Comm)

    Commercial disputes, Banking and financial services, Civil fraud and asset recovery

    Tim Penny KC
    Monday 4 April 2022

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