Dispute Resolution

Banking & financial disputes

Creative problem solvers for complex financial claims.

Although it occurred over a decade ago, the economic world is still feeling the ripple effects of the 2008 financial crisis today. Whilst the climate has stabilised, the resulting rigorous scrutiny of financial institutions and now the added pressure of Brexit uncertainty have undoubtedly contributed to a rising number of disputes. Pursuing a claim can be stressful and overwhelming. You need a team with the knowledge and expertise to guide you swiftly through the process, providing you with innovative and commercially focused solutions to achieve the best possible outcome for your business.

Our Banking & financial disputes team works with entities interacting with banks and other large financial institutions, predominantly as claimants, in disputes over benchmark manipulation, investments, structured finance, derivatives, loans, guarantees and other forms of security. Our clients include UK and offshore companies, financial institutions, hedge funds, finance industry professionals and high net worth investors. Distinctively, we are a “conflict of interest free” team which means we can take on claims against any of the major banks or financial institutions.

Our team is made up of creative problems solvers with particular expertise in pursuing high value and complex claims which often involve an international element. We integrate with your team, working with you closely to gain a thorough understanding of the specifics of your business so we can devise a uniquely tailored strategy which aligns with your wider commercial interests. We pride ourselves on our commitment to finding new and better ways to help our clients resolve their disputes and move their businesses forward.

<div class=wprt-container><p><strong>Important update:</strong> In the wake of the coronavirus pandemic, the FCA has decided to extend its deadline for ceasing to issue new loans based on LIBOR until the end of Q1 2021.</p></div>

Important update: In the wake of the coronavirus pandemic, the FCA has decided to extend its deadline for ceasing to issue new loans based on LIBOR until the end of Q1 2021.

Getting to grips with LIBOR transition and loans

Collyer Bristow surveyed real estate businesses on the steps they are taking to prepare for the end of LIBOR and the introduction of new benchmark reference rates.

Read our latest White Paper for the findings of our research; the differences between LIBOR and risk free rates; the impact on borrowers with new loans; the impact on borrowers with existing loans.; and how Collyer Bristow can help.

Download White Paper

More information

Aviation finance disputes

We act for airlines, lessors, lessees, lenders and borrowers in disputes over commercial aircraft leasing and financing, redelivery condition claims and repossession of aircraft.

Find out more or Make an enquiry

Cryptocurrency and blockchain disputes

We have specialist experience and familiarity in the emerging area of blockchain and cryptocurrency. To date, the largely unregulated nature of this sector has made it frequently prone to fraud and the risk of money laundering.

Working closely with our non-contentious Fintech colleagues, we have advised on some of the first disputes in the UK relating to digital currencies.

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Cyber fraud

We have experience of advising and acting for a number of clients when they have been the victims of cyber fraud, including high net worth individuals and listed companies. Whether the fraud is perpetrated through fraudulent bank instructions supposedly made by or on behalf of the victim, or through false emails deceiving the victim into transferring funds to the perpetrator, the key is to act quickly. The faster the response from the victim, the more likely it is that the perpetrator will not yet have had an opportunity to dissipate or siphon off the funds.

We can assist with seeking to recover the funds from the perpetrators or the bank, and making complaints to the Financial Ombudsman in the event that the bank refuses to cooperate. We also have experience of conducting internal investigations for corporate clients in order to determine how a fraud has been perpetrated.

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FCA regulatory and enforcement

Our team has experience in responding to and preparing for regulatory investigations and enforcement actions. Working closely with colleagues across our Financial Services sector team, we can assist with a wide range of civil and regulatory investigations and actions by the Financial Conduct Authority.

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Forex manipulation claims

Our team has expertise in advising on claims for Forex manipulation.

Evidence of Forex (fx) manipulation emerged in 2013 and has led to investigations by regulatory agencies and market-competition authorities worldwide.

Forex manipulation can have an important effect on forex (fx) derivatives that banks mis-sold to their customers. The advantage of the derivative was usually that at the initial stages, the customer was given a favourable rate for forex. The disadvantage was a “sting in the tail”. Movements in the forex spot rate could lead to very costly consequences.

Make an enquiry

Freezing of accounts by banks

We have assisted a number of clients who have found their bank accounts frozen unilaterally by their bank. A frozen account can place clients in a severe predicament.

Accounts are often frozen because the bank has made a Suspicious Activity Report (SAR) to the National Crime Agency. Whilst banks are obliged to report suspicious activity, SARs can be, and often are, triggered by entirely innocent behaviour.

We have acted for many clients in such situations. We prioritise seeking access to funds in the frozen account as quickly as possible by liaising directly with the bank. Also, once the situation is resolved, we can advise on potential legal remedies and claims against the bank; and we can assist the client in establishing accounts with a new bank.

Make an enquiry

LIBOR manipulation claims

Since the first major revelation of financial benchmark manipulation in June 2012, when the FCA fined Barclays Bank Plc £59.5 million for Libor manipulation, we have been deeply involved in the analysis and pursuit of legal claims on behalf of claimants.

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Shareholders' group actions

Shareholder group actions are a fast-growing area, often attracting significant attention in the press. Given recent developments however, this is still an area of much legal uncertainty. Shareholders may be unclear about the potential benefits and risks of taking part in a group action.

We offer independent, tailored advice to institutional and private investors who are considering whether to commence or participate in group actions. We also advise litigation funders seeking advice on the various complex legal issues that can arise in funding group actions of this nature.

Make an enquiry

Tax disputes

A dispute with HMRC can happen for an array of reasons, be it errors made in previous tax returns, HMRC taking an aggressive stance on tax planning, or HMRC simply having a different view of what tax is payable.

We act for businesses and individuals facing enquiries from HMRC and involved in disputes with it, advising our clients on their rights and options, and helping our clients to navigate their way through the area. We have experience in reaching satisfactory settlements with HMRC and also in pursuing taxpayer appeals to the Tax Tribunal and judicial review applications to the High Court.

Make an enquiry

More information

Aviation finance disputes

We act for airlines, lessors, lessees, lenders and borrowers in disputes over commercial aircraft leasing and financing, redelivery condition claims and repossession of aircraft.

Find out more or Make an enquiry

Cryptocurrency and blockchain disputes

Working closely with our non-contentious Fintech colleagues, we have advised on some of the first disputes in the UK relating to digital currencies.

Make an enquiry

Cyber fraud

We can assist with seeking to recover the funds from the perpetrators or the bank, and making complaints to the Financial Ombudsman in the event that the bank refuses to cooperate. We also have experience of conducting internal investigations for corporate clients in order to determine how a fraud has been perpetrated.

Make an enquiry

FCA regulatory and enforcement

Make an enquiry

Forex manipulation claims

The advantage of the derivative was usually that at the initial stages, the customer was given a favourable rate for forex. The disadvantage was a “sting in the tail”. Movements in the forex spot rate could lead to very costly consequences.

Make an enquiry

Freezing of accounts by banks

We have acted for many clients in such situations. We prioritise seeking access to funds in the frozen account as quickly as possible by liaising directly with the bank. Also, once the situation is resolved, we can advise on potential legal remedies and claims against the bank; and we can assist the client in establishing accounts with a new bank.

Make an enquiry

LIBOR manipulation claims

Make an enquiry

Shareholders' group actions

We offer independent, tailored advice to institutional and private investors who are considering whether to commence or participate in group actions. We also advise litigation funders seeking advice on the various complex legal issues that can arise in funding group actions of this nature.

Make an enquiry

Tax disputes

We have experience in reaching satisfactory settlements with HMRC and also in pursuing taxpayer appeals to the Tax Tribunal and judicial review applications to the High Court.

Make an enquiry

Janine Alexander

Partner

Talk to Janine about Banking & financial disputes & Commercial arbitration & Commercial disputes & Talk to me for Coronavirus related advice

LIBOR manipulation

We have been acting for a number of clients in major court proceedings against numerous banks that had engaged in LIBOR manipulation. We are currently seeking rescission of lending agreements to the total value of approximately £1.5 billion.