Banking & Financial Services
Maitland’s expertise within banking, finance and financial regulation includes two broad categories: (1) disputes arising out of the supply or purchase of investment services and products; and (2) regulatory and enforcement issues (relating to firms and entities providing such services and products).
On the disputes side, we have acted on behalf of leading banks, other financial institutions and investors in litigation – both in England and in numerous overseas jurisdictions – arising out of the global crash, and in disputes emerging from most of the recent major insolvencies and defaults including Lehman Brothers, Kaupthing, Madoff and Northern Rock.
Recent examples of the subject matter of such disputes include: the proper valuation of swaps on close-out; the alleged mis-selling of swaps; failed CDOs; the recovery of loans from companies held within a trust structure; claims against overseas Government issuers; hedge fund claw-back claims; anti-suit injunctions; the recovery of monies under Islamic finance facilities; claims in conspiracy arising out of alleged overseas banking malpractice; challenges to the jurisdiction for claims arising out of syndicated loans; the proper basis for fund manager remuneration; and disputes over the recovery and distribution of assets held by overseas limited liability partnerships.
The financial regulatory work of chambers encompasses advice and representation of both the regulators and investment providers in the ever-changing regulatory landscape. Recent examples of the subject matter of such work include “fit and proper” authorisation issues; the operation of unauthorised collective investment schemes (and the NMPI); compliance with anti-money laundering regulations; and advice upon the regulatory regimes for NRRSs and electronic lending platforms.