Banking and Finance

Recovering debt following default

• When a borrower defaults on their obligations, a lender will need to take advice on their options to recover the debt. There is a risk that a borrower will have other creditors pursuing payment and it is important not to be left behind.
• We have considerable experience in debt enforcement across our Litigation and Restructuring teams including:
  • Appointment of Law of Property Act (“LPA”) receivers and acting for LPA receivers on realisation of assets
  • Appointment of administrators to realise company assets to repay debenture-holder
  • Statutory demands against borrowers, dealing with challenges to statutory demands and bankruptcy proceedings.
  • Enforcement of personal guarantees
  • County Court claims against borrowers, including taking charging orders over properties and obtaining orders for sale.
• Our solicitors’ experience includes acting for international lenders recovering debt portfolios, acting for bridging finance companies and challenger banks.

• Assisting procuring finance to support acquisitions.
• Implementing securitisation of all of the component of a business whether that be by way of shares, real property, assets, loan notes, guarantees or fixed and floating charges.
• Advising clients in relation Private equity/venture capital investments and the banking/lending aspect of such finance.
• Implementing finance to support Employee Ownership Trust acquisitions  

• Expertise in Finance Litigation: our litigation Partners gained extensive experience in the Banking sphere, litigating complex interest rate swaps and derivatives following the 2008 financial crisis, providing a unique edge in financial disputes.
• Proven Track Record in High-Value Recovery: Over a decade of Partner experience acting for prominent property development lenders in finance disputes.
  Leverage-Focused Strategy: We utilise interim remedies, including freezing injunctions and interim charging orders, to prevent asset dissipation and create immediate pressure for resolution.
• Proactive Security Stress-Testing: We offer Litigator-led scrutiny to identify “defective documents” and close loopholes in finance contracts before they can be exploited.
• Countering Tactics: We expertly navigate the common defences and delay tactics used by sophisticated opponents to ensure swift, strategic outcomes.
• Comprehensive Enforcement Capability: We have a dedicated enforcement arm focused on the “final stretch,” including the enforcement of charges, orders for sale, and the pursuit of personal guarantors.

• Murabaha & Ijara: Advising investors on the use of Commodity Murabaha and Ijara finance structures to fund real estate acquisitions and refinancing
• Mudaraba Investment Funds: Advising borrowers on the use of Mudaraba syndicated investment funds to fund property refinancing
• Islamic Institutions: Assisting Islamic institutions within the United Kingdom on Islamic financing to assist in funding expansion and growth

• Real Estate Acquisitions: Advising Purchasers on procuring finance on real estate purchase transactions
• Refinance: Assisting Business Owners on refinancing real estate assets to fund growth and expansion
• Development Finance: Advising Property Developers on procuring development finance to fund industrial or residential developments
• Property Portfolios: Assisting Property Investors on refinancing property portfolios
• Bridging Finance: Assisting Lenders & Borrowers on bridging finance facilities

• Full-Cycle Financing Capability: We advise across the complete financing lifecycle, from structuring and documentation through to refinancing, enforcement and restructuring, acting for financial institutions, fintechs and investors on the full range of lending, banking and regulatory matters.
• Regulatory Investigations and Enforcement Defence: Our team has significant experience supporting businesses and financial institutions facing regulatory enquiries and enforcement action, helping clients respond effectively while protecting their commercial interests and reputation.
• AML, Counter-Terrorist Financing and SARs: We provide practical guidance on anti-money laundering and counter-terrorist financing obligations, covering policy development, transaction monitoring frameworks, governance arrangements and internal investigations. We also advise on the preparation of suspicious activity reports (SARs), offering clear, measured guidance in high-pressure situations where accuracy is critical.
• Consumer Duty Implementation: We advise financial services firms on the practical implementation of Consumer Duty across products, services and customer journeys, helping clients embed the requirements into governance, product design, pricing, communications and customer outcomes.
• Sector-Focused Regulatory Strategy: We work closely with clients to design, structure and distribute products that meet commercial objectives while withstanding regulatory scrutiny, providing advice grounded in the realities of operating in a heavily regulated environment.

Debt restructuring

• It can be necessary to restructure existing debt and security arrangements, due to a change in circumstances.
• We act for lenders and borrowers advising upon the strategy, negotiation and documentation of debt restructuring in order to achieve a better outcome for stakeholders.
• This may involve the use of standstill or forbearance arrangements, taking or releasing security or the provision of corporate or personal guarantees for the existing borrowing.

Distressed situations

• We advise lenders and borrowers when borrowers are at risk of insolvency, engaging with stakeholders in order to obtain the best outcome.
• This may involve restructuring debt arrangements, or the involvement of a specialist insolvency practitioner to advise upon the use of insolvency processes such as company voluntary arrangements or administration.