Scotland - Banking Litigation Lawyers & Law Firms - UK - Chambers and Partners
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UK Guide

Banking Litigation — Scotland


Brodies LLP - Banking Litigation Department

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Band 1

第一等

Chambers Commentary (based on the Chambers research)

Basic facts about the department
- 7 partners
- 15 other qualified lawyers
- Office locations: Edinburgh, Aberdeen, Glasgow

What the team is known for Highly expert team and full-service approach to banking litigation, with the ability to handle technical complex disputes and high-volume recovery work with equal efficacy. Noted complementary strength in relation to professional negligence and public law, in which latter area the firm is pre-eminent in Scotland. Clients include major commercial banks and other financial institutions, as well as insolvency practitioners.

Strengths One source says the firm "has a good track record in more complicated and high-value work."

One commentator reports: "They are practical, clear and collaborative."

Significant clients RBS, ING Direct, Co-operative Bank, KPMG, Deloitte.

Notable practitioners

Joyce Cullen is considered by one interviewee to be "the doyenne of banking litigation" in the Scottish market. She leads the firm's banking and financial services litigation offering, and brings impressive experience to bear on professional negligence, mis-selling and contractual interpretation disputes. Sources say: "She's fantastic - sensible, pragmatic and easy to communicate with."

Iain Rutherford is a well-regarded commercial and banking litigator. He typically represents clients in disputes regarding misrepresentation, professional negligence, pensions and contract issues. One interviewee attests: "He was very easy to work with, very collaborative and helped to ensure things ran smoothly."

About the Team (content provided by Brodies LLP)

Department profile not yet provided by Brodies LLP. Please see their firm profile.

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Anderson Strathern - Banking Litigation Department

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Band 2

第二等

Chambers Commentary (based on the Chambers research)

Basic facts about the department
- 2 partners
- 3 other qualified lawyers
- Office locations: Edinburgh, Glasgow, East Lothian

What the team is known for Specialist banking litigation team with an excellent reputation for its ability to handle complex disputes addressing issues of pure banking law, as well as related issues affecting the finance industry, including professional negligence, breach of contract and civil fraud. Strong cross-border capacity based on a collaborative approach with firms in other jurisdictions. Clients include well-known domestic and foreign banks, as well as other lenders.

Strengths One source says: "Anderson Strathern is an impressive full-service law firm. I’ve always found them well organised and good to work with."

An interviewee notes: "They are trusted by banking clients. They put time into those relationships."

Notable practitioners

Fiona Stephen is a key contact at the firm.

About the Team (content provided by Anderson Strathern)

Department profile not yet provided by Anderson Strathern. Please see their firm profile.

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CMS - Banking Litigation Department

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Band 2

第二等

Chambers Commentary (based on the Chambers research)

Basic facts about the department
- 5 partners
- 17 other qualified lawyers
- Office locations: Edinburgh, Glasgow, Aberdeen

What the team is known for Significant international reach underpinning the domestic expertise of its Scottish banking litigation team. Highly accomplished in handling claims involving issues of professional negligence, civil fraud and corporate crime, as well as banking law. Client base is composed of household-name domestic banks, asset managers and investment funds.

Significant clients Clydesdale Bank, Standard Life, Close Brothers Asset Management, National Australia Bank.

Notable practitioners

Department head Colin Hutton enjoys a strong reputation as a disputes lawyer. His broad commercial practice is notably strong in banking litigation, and he frequently receives instructions to assist clients in interest rate mis-selling and fraud disputes.

About the Team (content provided by CMS)

Please visit the CMS website for more details about the practice and our work:
https://cms.law/en/GBR/global-reach/Europe/United-Kingdom/Expertise/Banking-Finance/Finance-Disputes



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MBM Commercial LLP - Banking Litigation Department

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Band 2

第二等

Chambers Commentary (based on the Chambers research)

Basic facts about the department
- 1 partner
- 3 other qualified lawyers
- Office location: Edinburgh

What the team is known for Highly adept litigators with a strong track record in bringing claims against banks. Particularly strong expertise in relation to allegations of breach of contract, negligent misrepresentation and personal guarantees. Claimant-side capabilities are supplemented by experience acting for institutional and commercial lenders, particularly with regards to professional negligence claims and repossession work.

Strengths Market commentators say: "If anyone wants to fight the banks, MBM Commercial are the go-to firm."

One source attests: "MBM are highly regarded and always act in the more complicated claimant matters."

Work highlights Acted for Kingdom Property Group on a consequential loss claim following the mis-sale of a five-year callable fixed interest rate swap by the Clydesdale Bank.

Raised proceedings on behalf of Tweed Homes in respect of losses sustained as a result breach of contract by the Clydesdale Bank.

Significant clients Derek Carlyle, Dunvale Investments, Bank of Ireland, Tesco Personal Finance, Kangaroo Self Storage.

Notable practitioners

Catriona MacLean is known by market sources to "adopt a pragmatic and sensible approach" to banking disputes. She represents a broad array of borrower-side clients, including individuals, entrepreneurs and developers, in a host of claims against banks and financial entities. One interviewee attests that "she is extremely tenacious and her work with individuals against the banks is admirable."

About the Team (content provided by MBM Commercial LLP)

Department profile not yet provided by MBM Commercial LLP. Please see their firm profile.

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Pinsent Masons LLP - Banking Litigation Department

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Band 2

第二等

Chambers Commentary (based on the Chambers research)

Basic facts about the department
- 2 partners
- 9 other qualified lawyers
- Office locations: Aberdeen, Edinburgh, Glasgow

What the team is known for Regularly called on by a sizeable number of major banks and financial institutions to handle complex litigation and regulatory proceedings. Especially strong experience in handling mis-selling claims relating to derivatives and PPI, as well as professional negligence and civil fraud matters. Fields a team with strong in-house advocacy capabilities.

Work highlights Defended Ulster Bank against a multiparty claim in the Commercial Court in London, concerning the alleged mis-selling of a structured property investment product promoted by Evans Randall to high net worth investors in Ireland.

Acted for William Cleghorn as trustee of Mark Fortune, with respect to Mr Fortune's alleged attempt to defraud creditors by removing certain properties and rights from his estate after sequestration.

Significant clients RBS, PwC, Clydesdale Bank, HSBC.

Notable practitioners

Jim Cormack is a "hugely respected and capable" practitioner who stands out for having rights of audience as a solicitor advocate in both England and Scotland. He is regularly appointed by banks to advise on heavyweight test cases, professional negligence disputes and mis-selling claims.

Joanne Gillies is a solicitor advocate with a strong banking litigation practice. She represents a number of household-name bank clients in a range of matters, with particular experience in insolvency disputes. One source says: "I have seen her on her feet and she is very impressive - the real deal!"

About the Team (content provided by Pinsent Masons LLP)

Department profile not yet provided by Pinsent Masons LLP. Please see their firm profile.

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BTO Solicitors LLP - Banking Litigation Department

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Band 3

第三等

Chambers Commentary (based on the Chambers research)

Basic facts about the department
- 2 partners
- 5 other qualified lawyers
- Office locations: Glasgow, Edinburgh

What the team is known for Receives instruction from Scottish and international banks and financial institutions to handle both debt recoveries and more complex matters, including cases relating to civil fraud and contentious insolvencies. Also well versed in representing private banks and venture capital organisations. Also experienced in bringing claims against banks and financial institutions.

Significant clients American Express Services Europe, Lloyds Bank, Bank of Scotland, Triodos Bank NV, Close Brothers.

Notable practitioners

Dorothy Hatfield "gives good, sensible advice and can handle complex litigation work," sources note. She is sought after by banks, shareholders, directors and lending institutions to assist in a number of commercial and banking disputes, with notable emphasis on insolvency cases. One commentator reports: "Dorothy knows what she's talking about. She's sensible and very technically sound."

About the Team (content provided by BTO Solicitors LLP)

Department profile not yet provided by BTO Solicitors LLP. Please see their firm profile.

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Harper Macleod LLP - Banking Litigation Department

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Band 3

第三等

Chambers Commentary (based on the Chambers research)

Basic facts about the department
- 9 partners
- 8 other qualified lawyers
- Office locations: Glasgow, Edinburgh, Inverness

What the team is known for Increasingly established reputation as a highly able group of litigators equally at home on either side of the claimant-defendant divide. Clients include major banks, large corporations and public sector organisations. Active across a range of disputes in the banking and finance sector, including those concerning professional negligence, fraud, debt recovery and insolvency.

Work highlights Advised a number of clients in relation to claims against RBS in respect of the actions of the bank's global restructuring group. Allegations relate to the bank's fee-charging practices, forced property sales, overdraft reductions and cancellations, and the appointment of insolvency practitioners.

Acted for Clydesdale in a case at the Sheriff Appeal Court concerning the calling up of a security and an action for repossession.

Significant clients AIB Group, Santander, Airdrie Savings Bank, KPMG, BDO.

Notable practitioners

Rod McKenzie and Sandy Hastie are key contacts.

About the Team (content provided by Harper Macleod LLP)

We regularly represent leading banks and financial institutions, commercial and retail customers and third party providers of security who are involved in disputes. Our specialism in this area has seen us act in some of the most prominent litigations in the sector in recent years.

Our lawyers acted for the pursuers in one of the most significant claims for fraud and negligence against a major financial institution to come before the Scottish Courts in recent years.

We have also acted for banks in claims for negligence against a range of professional advisers including solicitors, valuation surveyors and quantity surveyors.

We represented the successful pursuer in case of Cooper v Bank of Scotland, one of the leading cases in the line of authority following the famous House of Lords case of Smith v Bank of Scotland. The case related to a challenge to a security by a spouse who was not offered the opportunity to seek independent legal advice.

In addition we have specialist expertise in advising banks and customers in relation to disputes including: the mis-selling of interest rate hedging products; personal guarantees; fraud; enforcement of standard securities; and general loan repayment.

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Morton Fraser - Banking Litigation Department

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Band 3

第三等

Chambers Commentary (based on the Chambers research)

Basic facts about the department
- 3 partners
- 7 other qualified lawyers
- Office locations: Edinburgh, Glasgow

What the team is known for Strong offering in relation to the handling of volume debt recovery claims on behalf of a large number of banks. Appointed to the litigation panels of a variety of banking institutions, and is also regularly instructed by asset and invoice financing organisations. Well versed in claims relating to consumer lending, commercial financing agreements and hire purchase agreements.

Work highlights Acted for Lloyds Bank Commercial Finance in respect of recovery of sums due from multiple guarantors and indemnifiers.

Represented the Bank of Scotland in an action for reduction of a lease against Mini Monsters Adventure which, following a £1 million loan, had granted a lease of premises to a third party contrary to the security and in breach of its obligations to the bank.

Significant clients Glasgow Credit Union, National Australia Bank, Ulster Bank, Barclays, Bibby Financial Services.

Notable practitioners

Department head Maggie Moodie incorporates banking into her respected general commercial litigation practice. She is particularly adept at assisting banks and other financial entities with insolvency and debt recovery claims.

About the Team (content provided by Morton Fraser)

Department profile not yet provided by Morton Fraser. Please see their firm profile.

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Band 1

Pinsent Masons LLP

From the Chambers UK guide

Jim Cormack is a "hugely respected and capable" practitioner who stands out for having rights of audience as a solicitor advocate in both England and Scotland. He is regularly appointed by banks to advise on heavyweight test cases, professional negligence disputes and mis-selling claims.

^ See whole ranking table

Band 1

Brodies LLP

From the Chambers UK guide

Joyce Cullen is considered by one interviewee to be "the doyenne of banking litigation" in the Scottish market. She leads the firm's banking and financial services litigation offering, and brings impressive experience to bear on professional negligence, mis-selling and contractual interpretation disputes. Sources say: "She's fantastic - sensible, pragmatic and easy to communicate with."

^ See whole ranking table

Band 2

CMS

From the Chambers UK guide

Department head Colin Hutton enjoys a strong reputation as a disputes lawyer. His broad commercial practice is notably strong in banking litigation, and he frequently receives instructions to assist clients in interest rate mis-selling and fraud disputes.

^ See whole ranking table

Band 2

Brodies LLP

From the Chambers UK guide

Iain Rutherford is a well-regarded commercial and banking litigator. He typically represents clients in disputes regarding misrepresentation, professional negligence, pensions and contract issues. One interviewee attests: "He was very easy to work with, very collaborative and helped to ensure things ran smoothly."

^ See whole ranking table

Band 3

Shoosmiths LLP

From the Chambers UK guide

Andrew Foyle of Shoosmiths LLP is "very professional, helpful and flexible," one client reports, adding: "We have lots of confidence in him." He is a solicitor advocate with rights of audience in the Supreme Courts of Scotland, and is experienced across numerous banking disputes. One commentator states: "He has good knowledge of the financial sector and so understands our business needs. He is able to wade through a lot of information and documentation, and identify the key issues quickly."

^ See whole ranking table

Band 3

Pinsent Masons LLP

From the Chambers UK guide

Joanne Gillies is a solicitor advocate with a strong banking litigation practice. She represents a number of household-name bank clients in a range of matters, with particular experience in insolvency disputes. One source says: "I have seen her on her feet and she is very impressive - the real deal!" 

^ See whole ranking table

Band 3

BTO Solicitors LLP

From the Chambers UK guide

Dorothy Hatfield "gives good, sensible advice and can handle complex litigation work," sources note. She is sought after by banks, shareholders, directors and lending institutions to assist in a number of commercial and banking disputes, with notable emphasis on insolvency cases. One commentator reports: "Dorothy knows what she's talking about. She's sensible and very technically sound."

^ See whole ranking table

Band 3

MBM Commercial LLP

From the Chambers UK guide

Catriona MacLean is known by market sources to "adopt a pragmatic and sensible approach" to banking disputes. She represents a broad array of borrower-side clients, including individuals, entrepreneurs and developers, in a host of claims against banks and financial entities. One interviewee attests that "she is extremely tenacious and her work with individuals against the banks is admirable."

^ See whole ranking table

Band 3

Morton Fraser

From the Chambers UK guide

Department head Maggie Moodie incorporates banking into her respected general commercial litigation practice. She is particularly adept at assisting banks and other financial entities with insolvency and debt recovery claims.

^ See whole ranking table