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James Ayliffe QC

Call: 1987    QC: 2008

+44 (0)20 7306 0102jayliffe@wilberforce.co.uk

Banking & Finance

James has extensive experience of banking and finance issues and disputes, including:

  • loan agreements;
  • mortgages, charges and other forms of security (e.g. guarantees, bills of sale, performance bonds);
  • appointment of receivers;
  • bondholder disputes;
  • syndication disputes;
  • investment management disputes;
  • disputes and issues arising out of settlement and clearing services;
  • claims against professional advisers.

Some representative cases include:

  • acting for court-appointed representative noteholder in proceedings brought by security trustee of £1bn mortgage securitisation structure;
  • advising borrowers on several substantial interest rate swap and other hedging instrument ‘misselling’ claims;
  • acting for borrower under £60m investment loan facility in dispute arising out of alleged breaches of LTV covenants;
  • acting for bank on claim to recover losses on a property development loan facility;
  • acting for UK property group on multi-million pound claim against its principal bankers for duress and intimidation arising out of withdrawal of £100m loan facilities;
  • advising Irish bank regarding issues arising out of the winding up of its deposit-taking business;
  • acting on a dispute regarding the priority of equitable charges in favour of different lenders;
  • acting on successful strike out of high profile claim arising out of allegedly wrongful enforcement of a mortgage over the largest stately home in England;
  • acting for defendant to £50m claim arising out of financing arrangements in respect of the development of a shopping centre;
  • advising bank regarding enforceability of ‘shared appreciation mortgages’ (SAMs); and
  • advising department store regarding £100m claim against bank in respect of breaches of agreement regarding branded store and credit cards.

He is listed for his banking and finance work in the Legal 500 which comments that “he sees the wood from the trees and always adopts a practical, commercial approach”.