Banking

Clive’s impressive banking practice has led to recognition in The Legal 500 where he is highly ranked.

His broad banking work includes bank guarantees, stock trade finance with revolving bills of exchange as well as lending disputes involving issues of undue influence for secondary and tertiary lenders.  Clive has vast experience of bank guarantee claims both acting for clearing banks and secondary and tertiary lenders against guarantors.  He has also acted for guarantors and other borrowers in resisting claims against banks particularly using defences based on undue influence, unconscionable bargains and negligence/breach of contract.

Cases:

Russian Bank v T [2015]

Enforcement of Russian judgments in the UK on personal guarantees. Worldwide freezing order ancillary to Russian judgment and ancillary orders against a non-cause of action defendant.

B v L [2015]

Claim in relation to invoice discounting finance involving penalty clauses and unreasonable collection fees passed on by the invoice discounter against an indemnifier.

JSC Ukrssibank v Polyakov [2015] EWCA Civ 67

Acting for a Ukrainian bank against a Ukrainian businessman, formerly a Ukrainian MP, in section 25 proceedings in support of a claim in the court of Ukraine. Case concerned injunctions granted in support of Ukrainian proceedings.

VTB v Malofeev and others in the Cayman Court of Appeal (4 June 2013)

Application against two non-parties to English proceedings for freezing injunctions raising questions of jurisdiction and discretion.

National Westminster Bank v June Frankham (2013) EWHC 1199 (QB): Lawtel 16/5/2013

Assumption of responsibility of banker.

Anglo Irish Bank Corporation Ltd v Dtz Debenham Tie Leung Ltd (2013) EWHC 596 QBD (comm): Lawtel 7/3/2013

Security for costs in statutory liquidation of Irish bank.

VTB Capital Plc v Nutritek International Corp (2012) EWCA Civ 808: Lawtel 20/6/2012: [2012] 2 Lloyd’s Rep 313: [2012] 2 BCLC 437

Action in fraud/conspiracy by English Bank (subsidiary of Russian bank) raising issues of lifting the corporate veil, jurisdiction, freezing order issues and loss in tort of deceit.  Fraud on English subsidiary of Russian bank. Effect of participation agreements on right to recover damages. Lifting the corporate veil.

Bibby Financial Services Ltd v Richard Magson (2011) EWHC 2495 (QB); Lawtel 19/10/2011

Factoring claim against warrantors/guarantors on factoring agreement.

Anglo Irish Asset Finance Plc v Brendan Flood (2011) EWCA Civ 799: Lawtel 11.7.2011

Security for costs against major Irish bank.

Peter Nolan v Graham Michael Wright (2009) EWHC 305 (Ch): Lawtel 5/3/2009 : [2009] 3 All ER 823 : [2009] 2 All ER (Comm) 503

Limitation period for extortionate credit bargain claim civil procedure ban.

John Hardman & Co v Conister Trust Ltd (2008) CA (Civ Div): Lawtel 21/7/2008 : (2008) 158 NLJ 1113 : [2008] CTLC 152

Claim for indemnity against solicitor in respect of personal injuries funding scheme.

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