We recognise that the issues banking sector clients face in their businesses go well beyond the provision of banking and financial services. The risks faced by such clients require more than the resolution of technical disputes arising from day-to-day banking activities; they also require the experience and flexibility of approach needed to handle the unusual challenges that financial claims frequently present. With the sector under increasing scrutiny, particularly with fast-changing regulation around new market entrants, banking disputes will typically involve not only traditional court based procedures, but will also regularly bring with them regulatory complaint. Given the importance of finding a fair outcome for both customer and bank, our approach is to assist clients to understand the issues they are facing, and to reach a consensus wherever possible.

Issues currently faced by the sector are wide-ranging and can be complex, from the multi-layered effects of Brexit and coronavirus restrictions; increasingly sophisticated financial crime and fraud; and technological change fundamentally affecting the way in which banking services are accessed by consumers.

We work closely with clients across the full range of disputes, from bespoke advice on complex, one-off risks through to high value, multi-party litigation. We understand that banking disputes can have wider commercial and reputational implications and we work with clients to achieve swift and effective resolution. Our banking disputes lawyers represent UK and international retail and investment banks and lending institutions in all types of contentious situations. The team is part of our large, sophisticated Dispute Resolution department of more than 70 litigation specialists. Increasingly we act for private debt funds, regulated funds, peer-to-peer lenders and challenger banks.

Working collaboratively as a core part of our wider banking and financial services group, our specialist banking disputes lawyers combine an in-depth knowledge of core banking, investment and insolvency issues with extensive experience of managing court, ADR and investigatory procedures to provide an all-round service to banking sector clients.

Areas of focus 

Our expertise in banking disputes includes the following:

  • Commercial loan facility litigation – property finance, acquisition finance, asset finance. 
  • Inter-bank disputes – syndicated loan disputes, derivatives trading mismatches.
  • Financial fraud and anti-money laundering – emergency reaction, asset preservation and tracing, criminal/regulatory investigations.  
  • Mis-selling of financial products and services, in particular hedging products.
  • Professional negligence claims – bank claims against professionals including solicitors and surveyors, covering both negligence and fraud.
  • Distressed debt – insolvency litigation; restructuring; specialist corporate turnaround; debt recovery; and security realisation.

Successfully defending an institutional lender against a £30 million + mis-selling claim brought in connection with the hedging of a major property finance project.

Drawing together a multi-disciplinary team advising administrators appointed over a significant hospitality group, acting as Conflicts Counsel and handling complex arguments relating to possible company claims against the lenders, including allegations of swaps mis-selling.

Advising a European Bank as retained Counsel to advise on customer complaints, account management and payment transfer issues, POCA and Anti-Money laundering situations and the handling of Restraint Orders.

Conducting two major portfolios of Lender Claims with a claim value of over £150 million concerning negligent advice provided by multiple surveyor and solicitor firms in connection with commercial property transactions. The cases involve a range of claims including negligence, breach of trust, breach of fiduciary duty and fraud.

Representing a European Bank over many years in a series of interbank disputes arising from the conduct, execution and settlement of derivative transactions, including, interest rates swaps, currency swaps, bonds and repo trades on Eurex, OTC options, credit default swaps, and an Argentinian MTN programme.

Representing a UK bank in all aspects of a major property finance fraud, including freezing injunctions, asset tracing, challenges to receiverships, deceit claims against professionals, international proceedings to pierce the corporate veil, insurance coverage and a criminal investigation.

Handling a portfolio of claims arising from a book of distressed commercial loans for a major UK bank.

Advising on a long running and very significant recoveries action relating to PPI mis-selling and unfair relationships under the Consumer Credit Act.

Meet the team
Caroline Brown

Caroline Brown Partner

  • Commercial Contract Disputes
  • Dispute Resolution
  • Professional Negligence
David Hall

David Hall Partner

  • Dispute Resolution
  • Banking Disputes
  • Business Crime and Regulatory Investigations

Andrew Burnette Partner

  • Dispute Resolution
  • Professional Negligence
  • Banking Disputes

What others say...

Burges Salmon LLP acts for an impressive roster of domestic and international retail and investment banks as well as an increasing number of peer-to-peer lenders, debt funds and challenger banks.

Legal 500 2020

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