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Addleshaw Goddard

3 SOVEREIGN SQUARE, SOVEREIGN STREET, LEEDS, LS1 4ER, ENGLAND
Tel:
Work 0113 209 2000
Fax:
Fax 0113 209 2060
DX:
12004 LEEDS
Email:
Web:
www.addleshawgoddard.com

Ben Lowans

Tel:
Work 0113 209 2548
Email:
Web:
www.addleshawgoddard.com
Addleshaw Goddard

Work Department

Finance litigation

Position

Ben is a litigation and dispute resolution partner specialising in finance litigation and fraud. Ben's experience involves all aspects of finance litigation including bringing claims for financial services clients and defending claims against those clients. These claims include enforcement and recovery actions, defending mis-selling claims, disputes regarding appointment of LPA Receivers, injunctive actions, fraud claims and dealing with complaints, including those made to the Financial Ombudsman Service.

Ben acts for many clients in both the asset finance and asset based lending sectors. Ben also acts for commercial real estate and mortgage lenders, principally in professional negligence claims against solicitors and valuers and in contested possession claims.

Ben has a particular specialisation in dealing with fraud claims and asset recovery, both in the financial services sector and for commercial organisations. This often involves taking urgent action to obtain freezing injunctions and search orders.  Ben is a board director of the Yorkshire and Humber Fraud Forum, a not for profit company that brings together the private and public sectors to fight and reduce financial crime.  Ben is a Certified Fraud Examiner.

Ben often acts for leasing clients on Aviation and Marine matters. He typically advises clients on the enforcement of aircraft mortgages, repossession proceedings to obtain delivery up of Aircraft, in actions against third parties who have alleged liens and in associated guarantee claims. In respect of Marine Ben often acts for clients in relation to obtaining the arrest of ships in overseas jurisdictions and in Admiralty matters.

Ben was seconded for 6 months to Nationwide Building Society in the role of Senior Counsel in Dispute Resolution.   Ben principally advised the Commercial Division of Nationwide in respect of their high value and complex disputes arising out of their commercial lending.

Ben advises clients on issues of Anti-Money Laundering and Anti-Bribery and Corruption. Ben is Addleshaw Goddard's Anti-Bribery and Corruption Officer and is a Money Laundering Reporting Officer.

Career

Trained Rosling King, qualified 2001; partner Addleshaw Goddard 2010

Member

Professional Negligence Lawyers' Association

Education

Queen Elizabeth High School, Hexham,; The University of Sheffield, Law (LLB)


London: Finance

Asset based lending

Within: Asset based lending

Benefiting from 'in-depth sector experience', and a significant 'market presence' which includes practitioners spread out across London, Manchester, Leeds, and most recently Scotland following the merger with HBJ Gateley, Addleshaw Goddard provides an 'excellent level of service' to the ABL arms of mainstream banks including HSBC and Clydesdale Bank, as well as independent entities including Leumi ABL and PNC Business Credit. Manchester-based Simon Prendergast has broad expertise in the space including across syndicated ABL and receivables finance facilities, off balance sheet receivables purchase facilities and supply chain finance; he recently represented RBS Invoice Finance on a £50m ABL facility (comprising receivables, inventory, property and plant and machinery facilities) to Halewood International, a UK-based manufacturer and distributor of alcoholic drinks and beverages, for the purpose of refinancing its existing facilities, providing working capital and funding future acquisitions. Prendergast has also been active in the development of receivables and ABL products connected to the UK unitranche market and was recently involved in a landmark transaction when he advised RBS Invoice Finance on a super senior receivables finance facility to Oscar Mayer - in what was notably the first occasion on which a UK ABL market deal had been funded simultaneously by a super senior ABL facility in combination with a unitranche facility. Lauded for his 'willingness to go the extra mile to get the deal done', team head Mike Davison 'has first-class knowledge of the ABL sector and documentation' and is thereby well placed to handle both mid-market domestic deals, as well as bigger ticket mandates where the ABL product is part of a wider financing package. 'Very impressive' Edinburgh-based banking partner Euan Cluness regularly handles ABL transactions in the whisky industry, in particular, including his recent work for PNC Business Credit and Bank of Scotland in their provision of an £80m ABL facility to Ian Macleod Distillers. The team was also strengthened on the transactional front by the arrival in October 2017 of managing associate Lauren Priest-Stephens from Squire Patton Boggs, while for ABL-related litigation work Harold Brako and Ben Lowans are recommended.

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North West: Dispute resolution

Banking litigation

Within: Banking litigation

Clients praise Addleshaw Goddard’s ‘commercial approach’, its ability to ‘not over-complicate matters’ and its ‘pragmatic advice’. The team acts for major UK Banks and lender clients and has particular experience in asset finance and asset-based lending, as well as professional negligence cases. HSBC Bank, Nationwide Building Society, Shawbrook Bank, Yorkshire Building Society, West Bromwich Building Society and Aldermore Bank & Aldermore Invoice Finance are clients. Team head Harold Brako has particular expertise in asset-based lending and receivables financing and has ‘excellent industry knowledge and an ability to formulate and then deliver effective recovery strategies’. Ben Lowans, who splits his time between Manchester and Leeds, is a ‘first-class litigator’ and has a particular specialism in the asset finance and invoice discounting sectors. Legal director Helen Collinge is ‘first-rate’ and managing associate Matthew O'Neill is also noted.

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North West: Insurance

Professional negligence

Within: Professional negligence

Mark Molyneux heads the team at Addleshaw Goddard, which handles a considerable amount of lender professional negligence work and sits on the panel of a number of major banks and building societies. Ben Lowans frequently acts for lenders in their most complex and high value disputes typically against solicitors who had assisted on real estate finance. Consultant John Gosling  is another key member of the team and has considerable experience advising on significant professional negligence claims for banks as well as experience in several non-lender claims. Managing associate Matthew O’Neil   regularly advises financial services clients on claims against valuers, surveyors, brokers and solicitors.

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Yorkshire and the Humber: Dispute resolution

Banking litigation

Within: Banking litigation

First-rate firmAddleshaw Goddard is ‘one of the best in the region’ and ‘definitively deserves it place at the top of the table’. Sally Emerton heads the group and ‘always gives sensible advice and keeps a watchful eye to constantly adapt to whatever the case throws at her’; other key practitioners include Ian Hastings, who is ‘hugely experienced with a great well of knowledge to draw on’; the ‘absolutely top-notchBen Lowans and managing associate Steve Walpole, who is ‘a highly tenacious and energetic lawyer with excellent tactical skills and an ability to know when to fight and when to negotiate’. The team’s work spans asset finance and asset based lending issues, professional negligence work and international asset recoveries; it also has niche experience in racial discrimination claims arising from sanction breaches, investment fraud, mis-selling of interest rate hedging products and push payment frauds. The team recently defended Clydesdale Bank in litigation relating to third parties’ investment in a fraudulent investment scheme; HSBC Bank, Yorkshire Building Society, Nationwide Building Society, Santander and Shawbrook Bank are also clients.

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