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Addleshaw Goddard

SOVEREIGN SQUARE, SOVEREIGN STREET, LEEDS, LS1 1HQ, 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:
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)


Yorkshire and the Humber: Dispute resolution

Banking litigation

Within: Banking litigation

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.

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Yorkshire and the Humber: Insurance

Professional negligence: claimant

Within: Professional negligence: claimant

Addleshaw Goddard fields a team that is ‘in the first rank of professional negligence practitioners; the team’s institutional experience enables it to tailor its services to clients’ expectations, management style and budget.’ In addition to heading the firm’s litigation practice in the North, Sally Emerton heads the professional negligence team and has a substantial track record acting for banks and building societies in disputes against solicitors, valuers and other professionals. In keeping with the firm’s prominent reputation for banking litigation, the professional negligence practice is particularly active in lender claimant professional work, for which it appears on the panels of a number of major banks and building societies. Other key figures include Ben Lowans, who handles investment negligence cases on behalf of high-net-worth individuals, in addition to acting for lenders in high-value disputes; Bill Gilliam, who acts for commercial clients; Joe Wilkinson, whose construction litigation expertise makes him a natural choice for professional negligence cases in that area; and managing associate Lee O’Sullivan, who attracts praise for his ‘redoubtable defence of valuer claims’.

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