has mediated the following banking and finance disputes:
Claim for possession and balance of loan defended on grounds of non-compliance with CCA.
• Claim for an account of profits in various trading and capital markets businesses related to partnership business.
• Claim for spread-betting losses following collapse of CHF against the Euro on the Swiss government announcement of the removal of the CHF exchange rate floor.
• Claim by invoice financing company met with counterclaims for rebates and price support allegedly agreed with supplier.
• Claim for unpaid assigned invoices defended on the grounds of rebate entitlement and counter-defended on grounds of unsatisfied payment terms alleged to be conditions of the rebate agreement.
• Claim against personal guarantors of clothing manufacturing business’s obligations under a trade finance and invoice factoring facility, involving issues of misrepresentation and rectification.
• Security claims over several properties owned by family members defended on Etridge principles.
• Repossession proceedings defended on the basis of allegedly mis-sold CHF denominated mortgage.
• Claim for knowing assistance in breach of fiduciary duty against spread-betting company for collusion in secret commissions to introducing brokers.
• Claim for repayment of private loan/investment agreement informally documented between family members.
• Claim by finance company against secondary credit broker and car dealer following multiple fraudulent credit applications.
• Claim by bank for repayment of flexible payment interest-only mortgage defended on grounds of estoppel following historical redemption statement omitting the facility in question on refinancing and release of relevant security as part of a portfolio of securities.
• Claim by invoice financer and counterclaim for issues of water ingress against manufacturer of windows and doors on two new-build schools.
• Dispute between former co-investors regarding the duties of an investor regarding competition in the international payment services market.
Claim for repayment and cross-claim for rescission in respect of an Islamic financing structure used to refinance a substantial matrimonial home, involving issues of Sharia’a compliance, Etridge principles and misrepresentation.
• Claim against bank for reimbursement of substantial sums following a successful phone scam against a commercial customer.
• Numerous claims for mis-selling of interest-rate and currency hedging products in various industry sectors including public houses, property development, property investment, economic consultancy and garden products, and also in the context
of a residential mortgage product.
• Claim against guarantors under an invoice finance facility triggered by admitted fraudulent breaches of warranties and defended partly on the basis of the separation of loss following
a sub-participation agreement involving the lender.
• Claims against directors in respect of guarantees of lease finance by bus operator.
Dispute in respect of private loan agreement.
Claim by bank under Interest Shortfall Guarantee and Pre-Sales Guarantee against personal guarantors of £12m property development.
Claim for return of escrow funds following sale of IFA network under corporate sale and purchase documents.
Claim by investors against financial advisers for £750,000
in relation to the purchase of an investment bond, involving
issues of risk profiling, commissions, third party adviser liability and quantum.
Dispute between a UK bank and a US technology company arising out of termination of a contract to provide security technology services to a worldwide card payment system.
Numerous personal guarantee claims by banks.
Dispute between banks regarding priority of security
following mistake on redemption.
Claim against bank for conversion of cheques following
by employee and authorised signatory.
Numerous claims by banks against valuers and against
solicitors following security shortfalls.
Claim by bank against solicitors following mistake
Mediation scheme between bank and insurer in respect
of tranches of professional negligence claims against
• Claims involving various statutory provisions including
the Cheques Acts, the Bills of Exchange Acts and the
Consumer Credit Acts.
• Claims relating to asset and lease-financing agreements.
Stuart has experience of litigating
and advising on disputes involving banking and financial
institutions. Examples include:
Claim against merchant bank for negligence arising from
advice to hostile take-over target and subsequent disciplinary
action against directors.
UK tracing claims arising from proceedings against multiple
defendants in Cayman Islands.
Claims under guarantees against UK listed parent company
by 3rd party Spanish finance company and Spanish bank.
Negotiations with regulators by company managing mortgage
loan administration for major banks
Claims for repossession of fleet quarry trucks under
asset finance agreements with operators.
Advising consumer finance subsidiary on management of
multiple claims under the Consumer Credit Acts.
Various disputes relating to asset and lease-financing
Advising Dutch company on validity and enforceability
of claims against Dutch guarantor under Korean loan
notes and English law guarantee.
Claim by university for funding against guarantor.
Claims under guarantees by former Spanish subsidiary
against UK listed parent company.
Dispute between university and investment bank under
tax indemnity in development finance agreement.
Claim against former employer under informal guarantee
agreement following dismissal of claimant.
Guarantee claims against car retail group under finance
Claim by German company under UK guaranteed futures.
Claim by construction company against personal guarantor.
Claim by bank against third party invoice finance company.
Advising on potential claims arising out of sale of
HP loan book.
Various disputes involving cheque exchange company relating
to terms and breaches of contract.
Claim against insurance company under guaranteed annuity
Guaranteed claims against Jersey trustee company by
Advising on potential claims against sub-prime lender
on sale of European loan book.
Claims against individual defendants by US companies
Claims by bank against individual borrowers.
Advising investment bank in various potential claims.
Advising on potential claims by investment company arising
out of renegotiation of banking facilities.
Claim for fees by solicitors’ firm against personal
Dispute between UK listed company and mortgage trust
Advising corporate bankers in giving evidence to Serious
Fraud Office regarding investigation into collapsed
international publishing group.
Claims by Spanish bank against various creditors under
Dispute between UK bank and counter-party in joint venture
property development in Portugal over terms of agreement.
Advising on restitutionary claims by local authorities
under interest rate swap agreements.
Application by creditor against Spanish bank to set
aside statutory demand.
Internal investigation by bank into lending to collapsed
international publishing company.
Application by bank for forfeiture of security over
shares in house-building company.
Advising merchant bank in providing evidence to regulator
for alleged breaches.