Banking Litigation

The Banking Litigation Team is a specialist team within Litigation & Dispute Resolution acting for both financial and blue chip institutions in the collection of secured and unsecured residential and commercial debt, and in defending complex financial claims. The Team is ranked as Tier 1 for Banking Litigation in Yorkshire in The Legal 500.

Having acted for banks and asset finance companies over many years, the Team has extensive knowledge of these industries and their working practices. The Team’s focus on recoveries on the part of lenders means that it is fully conversant with relevant law and has a deep understanding of the regulatory requirements in this area. The Team also works closely, where appropriate, with the firm’s Real Estate, Finance, and Insolvency teams.

Our Banking Litigation Team have a wide knowledge base and act for financial instructions both bringing and defending claims in areas such as:

  • Claims relating to Overriding Interests
  • Etridge/O’Brien Undue influence type claims
  • High Court Enforcement
  • Subrogation
  • Shared Ownership
  • Title Rectification relating to defective security
  • Challenges to Mortgage/Loan Conditions
  • High Value Possession Claims
  • Limiting reputational risk
  • Mortgage Fraud
  • Professional Negligence
  • Indemnity Claims
  • Judicial Review
  • Claims against receivers

A practical and commercial approach is always adopted, and the Team has extensive experience of all forms of alternative dispute resolution (including mediations and arbitrations). From time to time there are however disputes which simply cannot be resolved in this manner, and which have to proceed to trial. Our experience as trial lawyers is substantial, and the Team can boast numerous successes in both the High Court and the appellate courts.

Recent team highlights include representing a high-street lender in a claim against solicitors for breach of fiduciary duty and deceit, and acting for a liquidator in enforcing security over a warehouse complex in possession proceedings relating to an attempt to release the lenders’ assets to the creditors. The Team also successfully defended a £10m claim concerning allegations of damage arising from a banking client taking a property into possession.

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