Members at AP Berkeley are instructed in a wide array of bank and counterparty disputes, as well as disputes between banks. Additionally, they handle ancillary professional negligence, commercial litigation, reputational matters, and securitization aspects.

Our barristers have been involved in related offshore or international work, with a particular focus on jurisdictions such as the British Virgin Islands (BVI) and the Channel Islands.

Furthermore, our members possess experience in various retail banking matters, representing both leading retail banks and their clients.

Areas of Interest include:

– Anti-money laundering regulation and compliance.
– Data Protection Act compliance and confidentiality issues.
– Financial Services and Markets Act (including authorization, supervision, compliance, and disciplinary matters).
– Claims for the recovery of unauthorized payments and misapplied assets, including mistaken payments, tracing and subrogation, liabilities for dishonest assistance and knowing receipt, and applications for freezing injunctions and other urgent interim orders.
– Consumer Credit Act matters, including drafting regulated credit and hire agreements, securities and notices, enforcement of agreements, compliance, and supervision by the Financial Conduct Authority.
– Consumer and business finance issues, such as drafting of agreements, recovery and enforcement of finance, claims for breach of warranty/implied terms, and factoring and invoice discounting.
– Insolvency issues affecting lenders and borrowers, including corporate and individual insolvency, administrations, and related matters.
– Lender and bank liabilities, encompassing financial mis-selling claims, professional negligence involving lenders, banks, financial advisers, and valuers.
– Securities and mortgage law and regulation, covering drafting and enforcement of mortgages, charges, debentures, guarantees, indemnities, possession proceedings, forced sales, and receiverships.