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Addleshaw Goddard’s three-partner practice is led by Sally Butt, and includes Ben Lowans and the ‘invaluableIan Hastings. The team specialises in racial discrimination claims arising from sanction breaches, investment fraud and the mis-selling of interest rate hedging products. It also has niche expertise in aviation and marine leasing, aircraft engine ownership disputes, asset recovery and admiralty proceedings. Hastings successfully defended a £2.5m breach of contract claim brought by a customer of Clydesdale Bank for alleged failure to arrange a valid life insurance policy. Lowans handled an aircraft leasing dispute for Lombard North Central, involving the return of a Cessna Citation aircraft and its sale by the client, and the subsequent claim by the borrower for the shortfall due under the lease agreement. Butt successfully represented a bank in a dispute pertaining to a personal guarantee, where the debtor counterclaimed for negligence based on alleged breaches of the lending code. The team also advised a financial institution on its proposal to increase the interest rate applicable to its buy-to-let mortgage portfolio for borrowers holding multiples of the product. Barclays, HSBC, Shawbrook Bank, West Bromwich Building Society, Yorkshire Building Society and Santander are also clients.

DLA Piper UK LLP’s team ‘is at the top of its game’. It provides ‘excellent overall service, commercially driven legal advice, and is willing to go the extra mile to ensure clients are well-placed to counter new developments’. Adam Ibrahim leads the practice and, along with Hugh Evans, is considered to have ‘a huge wealth of experience and a deep understanding of the realities of the retail banking sector’. The team is experienced in acting for UK clearing banks, mortgage banks, building societies and asset-based lenders on disputes concerning derivatives and other financial products, fraud, insolvency and corporate lending. The team was recently defended a major bank against claims of a breach of regulatory duties and alleged mis-selling of derivatives. Other work included defending another banking client against a substantial claim brought by an EU-based property investor, relating to a UK property, concerning allegations of an unfair relationship, which was successfully dismissed; a follow-on claim by the borrower, pertaining to allegations of bribery, fraudulent misrepresentation, undue influence and conspiracy to defraud, is ongoing. The team is handling a contractual interpretation dispute for an overseas bank relating to the payment of break costs by the claimant under a loan agreement entered into with the client.

Walker Morris LLP’s team provides ‘very good service and value for money; the highly experienced partners understand the business and industry and provide sound, pragmatic and commercially focused advice’. Andrew Beck leads the practice, which also includes Andrew Bennett, Louise Power and Richard Sandford. The team handles complex litigation issues including multi-jurisdictional mortgage fraud cases, asset recovery and high-value professional negligence claims against solicitors and surveyors, and acts for clearing banks, mortgage banks, building societies and specialist lenders. 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. Power is defending a £10m claim concerning allegations of damage arising from a banking client taking a property into possession. Clients include UK Asset Resolution, Accord Mortgages, Bank of Ireland, Leeds Building Society and Yorkshire Building Society.

Gateley Plc’s practice head Rob Payne acts for financial institutions and insolvency practitioners appointed by financial institutions, on pre-insolvency assessment and managed-exit advice, asset-tracing and recovery, interest rate hedging disputes, and the enforcement of secured and unsecured lending, with particular expertise in disputes involving subrogation, misrepresentation, duress and undue influence. Payne is representing a national bank in a multimillion-pound claim regarding a recovery strategy arising from an alleged largescale systematic fraud concerning buy-to-let advances made by multiple lenders that were purportedly pooled to fund the acquisition of freehold interests in several London properties. The team is also defending a breach of fiduciary duty claim for an Irish bank.

Gordons LLP’s ‘extremely good’ team is led by Andrew Breckenridge, who joined in January 2017 and was previously the head of banking litigation at DWF. Breckenridge is experienced in representing banks, building societies and other financial institutions in disputes pertaining to complex recoveries, LPA receivership, mortgage fraud, professional negligence, subrogation, asset-based lending, claims of product mis-selling, and the enforceability of commercial loans involving SWAP interest rate agreements. The team is acting for Paragon Mortgages and Mortgage Trust in ten separate actions against a firm of solicitors relating to alleged breaches of duty regarding buy-to-let mortgages, with issues including insurance coverage and aggregation, and the right to pursue an indemnity for uncrystallised losses. Other clients include Santander and Goldcrest Finance.

Simon Miller is the key contact at Squire Patton Boggs, and is closely supported by Manchester-based head of banking litigation Anthony Taylor. The team has notable strengths in largescale litigation and investigations, including those pertaining to sanctions issues, professional negligence, payment protection insurance, foreign exchange issues, interest rate hedging products, product mis-selling and valuers’ negligence. Recent highlights include representing a bank in consolidated professional negligence claims against its former conveyancing solicitors and surveyors; advising on an investigation for another bank regarding fraudulent residential transactions; and handling a remediation for a major consumer finance company.

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Legal Developments in Yorkshire and the Humber for Banking litigation

  • US rules regarding offshore accounts

    The Hiring Incentives to Restore Employment Act 2010, enacted on 18 March 2010, imposes a new US withholding tax and reporting regime, known as the Foreign Account Tax Compliance Act (FATCA). The FATCA regime applies generally to payments made after 31 December 2012, except on obligations (to be defined in future guidance) outstanding on 18 March 2012. Substantial effort is required by foreign entities to bring their worldwide operations and policies into compliance with the FATCA rules as of the effective date.

    - Jones Day

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