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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 and charges;
  • guarantees and other forms of security (e.g. 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 in the banking context.

James has a particular familiarity with the kinds of banking disputes that arise in a real estate context – eg disputes over the creation, interpretation or enforcement (by way of sale, receivership or otherwise) of mortgages and charges over land.

Some representative cases include:

  • acting for court-appointed representative noteholder in proceedings brought by security trustee of £1bn mortgage securitisation structure;
  • 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 a multi-million pound claim against its principal bankers for duress and intimidation arising out of
  • withdrawal of £100m loan facilities;
  • advising borrowers on interest rate swap and other hedging instrument ‘misselling’ claims;
  • 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.