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Overview

Practice Areas

Banking and Financial Services

The barristers at Forum are experts in all kinds of claims involving banks, IFAs and other financial institutions. Members of Forum have particular expertise acting for businesses and for personal customers in claims against banks, but we also act for banks, peer to peer lenders, and other financiers seeking to recover loans or in need of regulatory advice.

We have specialist experience in dealing with claims of financial mis-selling, breach of fiduciary duty, misrepresentation, fraud, and misappropriation of funds. We regularly deal with claims arising out of extortionate loans, unauthorised lending, and other abusive lending practices. We also act in claims relating to all sorts of financial investments including Unauthorised Collective Investment Schemes (UCIS), spread-betting and other contracts for differences, SIPPs and other pension claims, and cryptocurrency investments. We are thoroughly familiar with the details of financial services regulation and able to present clear arguments despite the complexity of the rules. Members of Forum are also well-versed in advising on commercial loans, syndicated lending, mortgages, factoring, asset finance, letters of credit, and guarantees.

Banking and Finance Areas of Expertise

The complexity of financial products has provided an opportunity for banks and financial advisers to sell products which customers did not understand.
At Forum, we have a track record of success in claims relating to interest rate swaps, foreign exchange and other derivatives, tailored business loans, and other exotic financial instruments which banks sold to unsuspecting customers.

At Forum, we have expertise in dealing with disputes involving all kinds of investment loss, whether caused by negligence, breach of fiduciary duty or fraud.
We handle all kinds of disputes including unsuitable investments, failure to follow client instructions, and commission-driven sales of inappropriate products including SIPPs and other pensions, shares quoted on AIM, and insurance policies. We work with experts and forensic accountants to maximise recovery.

We are skilled at handling claims relating to Unregulated Collective Investment Schemes (UCIS).
Whether the case relates to film finance, property investment or some other form of alternative investment, we can advise on approaches to litigation that maximise the chance of recovery. We have expertise in acting both for high net worth individuals and for smaller investors in class actions.

The scandals of RBS’s GRG and HBOS’s Impaired Assets Office are the most dramatic examples of banks exploiting their power over dependent businesses. The coronavirus crisis has provided new opportunities for banks to withhold agreed lending and to claim that customers are in default of covenants in loan agreements.
At Forum, we provide clear advice as to the strategic options available to customers faced with such bullying tactics. If the bank has already enforced its security, we are in the vanguard of constructing the arguments that hold banks to account for acquiring customers’ assets at an undervalue, overcharging customers, and forcing businesses into insolvency.

Many businesses have been affected the manipulation of the LIBOR rates or of other benchmark rates in foreign exchange (ForEx), gold, other precious materials or other indexes.
At Forum, we frequently act in cases of market manipulation. We are able to analyse the implications of criminal convictions and regulatory findings for civil claims.

Members of Forum have expertise in dealing with all types of mortgage claims, whether involving commercial mortgages, residential mortgages, second charges or Lombard loans.
We regularly advise on claims relating to mortgage advice and mis-selling, breaches of MCOB, unfair credit relationships, penalty clauses, undue influence, guarantees, the enforcement of the mortgage terms and possession proceedings.

Financial Services Regulation in the UK
Financial services regulation in the UK is a jungle of complexity, where failure to realise that a loan or other financial activity is regulated can mean that it is unenforceable. At Forum, we get to grips with the detail of the FCA Handbook including COBS, MCOB, CONC and DISP.

Financial Services Regulation in the EU
As a result of Brexit, there is an increased need for expert evidence on EU financial services regulation. Forum has internationally recognised and qualified experts would can advise on the differences between financial services regulation in the UK and in EU countries.

We also deal with the financial services problems which consumers face. We know how to respond to claims by mortgage companies, how to handle consumer credit disputes, and what your rights are under the Payment Services Regulations.
When litigation is not the answer, we have experts who can help you complain successfully to the Financial Ombudsman Service (FOS) and to the Financial Services Compensation Scheme (FSCS).

Banking and Finance Cases

  • Claims against banks for misrepresentation and other forms of mis-selling.
  • Claims against banks for the manipulation of LIBOR.
  • Claims against IFA networks for commission-driven pension and investment advice.
  • Re XAdvising and representing a group of private investors in a £5 million breach of contract claim involving investment advice on the trading of derivatives and alleged breaches of discretionary fund management agreements.
  • Acting on unregulated collective investment schemes related to property, including Angelgate, North Point Pall Mall, and Connaught Income Fund.
  • Advancing unfair relationship defences (s.140A Consumer Credit Act) against lenders in debt collection actions.
  • Advising financial institutions applying for authorisation in the UK.

Barristers specialising in Banking and Financial services

Call – 1995

Call – 2000

Call – 2009

Call – 2010

Call – 2012

Call – 2014

Call – 2016

Call – 2019