Banking and finance litigation
Examples of our recent work include:
Loan agreements dispute
Successfully representing a Norwegian municipality in a dispute arising out of loan agreements with a major financial institution which were held to be unenforceable under Norwegian law.
Overseas litigation involving financial institutions
Representation of a number of financial institutions in setting aside wide-ranging court orders under the Hague Evidence Convention, requiring the disclosure of documentation and the cross-examination of bank personnel, in connection with overseas litigation.
Successful defence of a multi-million dollar claim
Representing an investment bank in its successful defence of a multi-million dollar claim relating to the close-out and valuation of emerging markets debt instruments under forward sales contracts. The matter involved expert evidence from financial markets participants in the UK, the United States, Brazil and Argentina.
Multi-million dollar interest rate swaps dispute
Representing an investment bank in relation to a multi-million dollar interest rate swaps and cross-currency options dispute resulting from the imposition of foreign exchange controls.
Credit default swap dispute
Successfully representing an investment bank in its claim for a multi-million dollar payment from its counterparty under a credit default swap.
Net asset value of securities dispute
Representing an investment bank in relation to its claim in respect of the net asset value of securities underlying a Certificate of Deposit credit-linked structure.
Matter relating to insolvencies of US and Icelandic financial institutions
Advising clients and counterparties in relation to the insolvencies of well-known US and Icelandic financial institutions, including advice on the closing-out of transactions and the effect of prime brokerage and related documentation.
Claims relating to complex CDO structures
Advising financial institution clients in relation to the unravelling of complex CDO structures and representing them in connection with related claims.
Foreign government oil warrants dispute
Representing an investment bank in relation to a dispute concerning the delivery of foreign government oil warrants.
Overseas criminal authority investigations
Representing financial institution clients in relation to requests made by UK government agencies under the Crime International Co-operation Act 2003 in connection with investigations being conducted by overseas criminal authorities.
Related practice areas
"Macfarlanes LLP is very active in cross-border disputes, and has a broad practice, serving a varied client base. Group head Barry Donnelly 'combines excellent technical knowledge with strategic awareness'."
The UK Legal 500 2011