Members of 7KBW act both in discrete contractual disputes (involving, for example, bills of exchange, promissory notes and guarantees) and in broader litigation involving the management and supervision of banks. Due to the large amount of shipping and commodities work done in Chambers, most of our members also have extensive experience of trade finance.
Previous clients include Citigroup, HSBC, RBS (directors), Deutsche Forfait, Pireaus Bank, Northern Rock Asset Management, Pictet Bank, National Westminster Bank, Nomura Bank, Bank of Tokyo, Sumitomo Bank, Sanwa Bank and Arab Bank.
Our financial services clients include hedge funds, pension funds, investment managers, independent financial advisers, a worldwide forfaiting company, IFAs and numerous insurers and reinsurers.
Members of 7KBW have been heavily involved in litigation arising out of the financial crisis of 2008, most notably Jonathan Gaisman QC, who advised the directors of RBS in the £4 billion rights issue litigation; Alistair Schaff QC, who is handling a £100 million mis-selling case; and Andrew Wales QC, who acted in the £100 million claim relating to Standard Life’s £2 billion retail cash fund which lost 5% in one day in 2009.
Areas covered include the following:
Leading and recent cases include:
Gavin Kealey QC
Timothy Saloman QC
Jonathan Gaisman QC
Dominic Kendrick QC
Alistair Schaff QC
Stephen Hofmeyr QC
Adam Fenton QC
Stephen Kenny QC
Richard Southern QC
Robert Bright QC
David Bailey QC
David Edwards QC
David Allen QC
S J Phillips QC
Siobán Healy QC
James Drake QC
Peter MacDonald Eggers QC
Andrew Wales QC
Rebecca Sabben-Clare QC
Richard Waller QC
Jawdat Khurshid QC
James Brocklebank QC
N G Casey
Simetra Global Assets Limited v Ikon Finance Limited  EWCA Civ 1413 The Court of Appeal has today handed down judgment in Simetra Global Assets Limited v Ikon Finance Limited  EWCA Civ 1413. Stephen Hofmeyr QC and Josephine Higgs acted for the successful appellants, Simetra Global Assets Limited and Richcroft Investments Limited. Following a […]
Stavrinides & Othrs v Bank of Cyprus Public Company Limited  EWHC 1328 (Ch) The High Court (Chancery Division) has today handed down judgment in Stavrinides & Othrs v Bank of Cyprus Public Company Limited  EWHC 1328 (Ch), dismissing a claim by a group of customers for specific performance of a purported settlement agreement. […]
 EWHC 231 (Comm) The Commercial Court handed down judgment on 8 February 2019 in HSBC Bank Plc v Pearl Corp & Ors.  EWHC 231 (Comm), upholding HSBC Bank Plc’s $9 million claim against the personal guarantor of two $15 million facility agreements. HSBC had advanced $30 million to finance the acquisition of two […]
Cunningham v Ellis & Others  EWHC 3188 (Comm) James Brocklebank QC and Ralph Morley have successfully secured the dismissal of a £39m Commercial Court fraud and conspiracy claim against their client, Ernst & Young (EY). The claim was struck out and summary judgment was given in favour of EY. The claimant had been majority […]
 EWHC 2790 (Comm) Charles Holroyd (instructed by Reed Smith LLP) acted for the Security Trustee under a Loan Agreement and successfully obtained an interim injunction requiring Fire Navigation Inc (“Owners”), owners of the m.t. “MEGACORE HONAMI” (“the Vessel”), to surrender possession of the vessel. The Security Trustee’s case was that the Owners had defaulted […]
 EWHC 1733 (Comm) The Commercial Court handed down judgment on 6 July 2018 in HSBC Bank Plc v Antaeus & ors., upholding HSBC’s c.US$2.5 million claim against defaulting ship-finance borrowers and their corporate and personal guarantors. The judgment of Deputy Judge Andrew Henshaw QC includes a 6-page consideration of Articles 862, 281 and 288 […]
Bilta (UK) Ltd v Royal Bank of Scotland Plc  EWHC 3535 An important judgment on legal professional privilege has been handed down by the High Court. In Bilta (UK) Ltd v Royal Bank of Scotland Plc  EWHC 3535 the Chancellor considered the scope of litigation privilege and upheld RBS’s claim to privilege over […]
National Bank of Kazakhstan and the Republic of Kazakhstan (Claimants) v the Bank Of New York Mellon SA/NV, London Branch (Defendant)  EWHC 3512 (Comm) Christopher Butcher QC appeared on behalf of the Defendant in these Part 8 proceedings. This is the latest development in England of a dispute spanning several jurisdictions and which has […]
 UKPC 44 Gavin Kealey QC and James Goudkamp appeared on behalf of the Appellants in this appeal to the Privy Council against the decision of the Court of Appeal of the Bahamas. The dispute concerned the beneficial ownership of funds standing to the credit of a joint bank account. An elderly man (“the Testator”) […]
 UKPC 34 Gavin Kealey QC and Elizabeth Lindesay acted on behalf of the successful Respondent, Guardian Asset Management Limited (“GAM”), in these combined appeals to the Privy Council from the Court of Appeal of Trinidad and Tobago. The dispute arose out a commercial loan transaction for TT$18.6 million advanced by GAM to the appellants, […]
COLLECTION FEES: THE PERIL OF NOT EXERCISING A CONTRACTUAL DISCRETION Clive Freedman QC of 7 KBW, leading Simon Mills, instructed by James Southworth of Eversheds Sutherland, has succeeded in a claim of particular interest to the factoring and invoice discounting industry. They acted for BHL, a company having a shareholding in the company which manufactures […]
Turner v Norton (Ch D) Tim Jenns acted for the successful Defendant, a British Citizen resident in Barbados. The Claimant, also a British Citizen resident in Barbados, sued the Defendant seeking to recover sums allegedly due under a loan agreement made between the parties. The loan was advanced in Barbados and denominated in Barbadian dollars […]
Tim Jenns acted for DF Deutsche Forfait S.R.O., a Czech company, in a claim for around US$3.5 million under a Promissory Note, which was issued in London and governed by German law.
James Drake QC appeared for the Orb Parties (viz, the Claimants, the Fifth Party and the Seventh Party), leading Paul Greenwood and Nicholas Gibson. Tim Jenns appeared for the Defendant, Mr Ruhan. This is a complex and high value multi-party commercial fraud dispute. After a five day hearing in February 2015 before Mr Justice Cooke, […]
Richard Waller QC, Tim Jenns and Andrew Pearson acted for the Defendant, Mr Andrew Ruhan, in a substantial interlocutory application, in this complex and high value multi-party commercial fraud dispute, which is due to come on for a 4-month hearing before the Commercial Court in late 2016/early 2017. The Defendant brought applications, inter alia (i) […]
The High Court has handed down judgment in a long-running dispute arising out of a contract to enter into a series of forward freight agreements. SJ Phillips QC, NG Casey and Clara Benn acted for the successful claimants. Cooke J found that there was an overarching personal contract between the owner of the TMT Group, […]
DELAY CAN BE FATAL TO A FREEZING INJUNCTION Clive Freedman QC, instructed by Jack Rabinowicz of Teacher Stern LLP, successfully resisted an application to renew a freezing order. On 11 August 2014, Asplin J made a freezing order against the Defendant in the amount of £1.6 million, but Roth J on the adjourned return date […]
Alistair Schaff QC successfully appeared for a financial services firm and its insurers in this very important decision. The case concerned the FOS (Financial Ombudsman Service) jurisdiction and the effect of complainants who accepted a FOS determination in their favour up to the maximum enforceable limit awardable by FOS ( then £100,000; now £150,000) and […]
To view the judgment please click here.
Acting for a Ukrainian bank against a Ukrainian Member of Parliament in proceedings now before the court in London and which are ongoing, in support of a claim in the courts of Ukraine.
In Conlon v Black Horse, the Court of Appeal confirms that the non-disclosure of commission earned on PPI premium does not render a relationship ‘unfair’, but grants permission to appeal to the Supreme Court.
CIMC Raffles Offshore (Singapore) Limited and Yantai CIMC Raffles Offshore Limited v Schahin Holding  EWCA Civ 644 Christopher Butcher Q.C. Marcus Mander acted in an appeal by a guarantor, Schahin Holding S.A., from a judgment of Blair J granting partial summary judgment to a creditor under a deed of guarantee and indemnity for approximately […]
Swallowfalls Ltd v Monaco Yachting & Technologies and another References:  EWHC 2057 (Comm),  EWHC 3616 (Comm) and  EWHC 236 (Comm) This is the “Nat Rothschild Super Yacht Dispute”, referred to in a Sunday Times report dated 28 October 2012 as follows: “The billionaire financier Nat Rothschild is at the centre of a […]
Simon Picken QC and Sushma Ananda acted for the Defendants in their successful challenge to the jurisdiction in the face of a claim by Citigroup Global Markets Ltd (“CGML”) for negative declaratory relief arising out of two options transactions, evidenced by confirmations incorporating the form of the 2002 ISDA Master Agreement. In particular, the Defendants […]
Appeared in the Commercial Court with Charles Debattista in a jurisdiction challenge application concerning the effect of jurisdiction clauses in a stand-by letter of credit and in other banking contracts. To view the judgment click here.
 EWHC 3103 (Comm) This is another in the line of cases deciding whether a commercial instrument is a “demand” or a “see to it” guarantee; but it also involved a careful consideration of many of the “predictable” defences raised on a claim under a guarantee, namely, variation of the underlying contract, non-disclosure of material […]
Jonathan Gaisman QC, Gavin Kealey QC, Michael Holmes and Tim Jenns acted in a substantial case alleging fraud against the German Bank IKB inducing Credit Agricole and FGIC to enter into, respectively, a put-option and two credit default swaps, and a master financial guarantee policy.
 EWHC 2661 (Comm) Christopher Butcher QC – Oil Pollution – Counter Terrorism Act; Financial Restrictions (Iran) Order – Effect of Club cover for Liability and Frustration of Contract. Under the International Convention on Civil Liability for Bunker Oil Pollution Damages 2001 a vessel trading in the waters of states who are parties to the […]
 EWCA Civ 697;  EWHC 2267 (Comm) Richard Southern QC and Jessica Sutherland acted for the Defendant in a breach of warranty claim arising out of a share sale and purchase agreement for the sale of a UK gas retail business; the claim was successfully defended both in the Commercial Court and in the […]
Timothy Saloman QC, Jonathan Gaisman QC and James Brocklebank were involved in this dispute (subsequently compromised) concerning the interaction of anti-suit injunctions and non-exclusive jurisdiction clauses.
 EWHC 859 (Comm) Gavin Kealey Q.C. acted as a deputy High Court Judge (loans, investments, share sale).
 2 All ER (Comm) 603 The case concerned a challenge to the jurisdiction of the English court by PZL, a Polish aircraft equipment manufacturing company, in relation to a claim on a FX structured product brought by the French bank, Calyon. Calyon claimed that the agreement between the parties was governed by the ISDA […]
On 13th July 2009, the Court of Appeal handed down judgment in Highland Crusader Offshore Partners v Deutsche Bank AG  EWCA Civ 725. The case is now the leading authority on anti-suit injunctions and parallel proceedings in circumstances where a contract contains a non-exclusive jurisdiction clause. Tim Saloman QC and Charles Holroyd (both from […]
 2 Lloyd’s Rep. 61 David Allen QC – Conflict of laws — Jurisdiction — Non-exclusive jurisdiction clause in favour of England — Respondent commencing proceedings in Texas — Applicant commencing proceedings in England — Whether anti-suit injunction should be granted
 2 Lloyd’s Rep 246 Richard Southern Q.C acted for the buyers of the vessel “Aktor” in an MOA dispute Sale of ship – Norwegian Sale Form – Payment of purchase price – Sellers nominating bank in Singapore for payment of 10 per cent deposit and nominating bank in Greece for payment of balance – […]
 Lloyd’s Rep. IR 182 David Bailey Q.C. and Jawdat Khurshid – ATE insurance Insurance (after the event) – Bank lending money to claimants to fund premium for ATE insurance – Binding authority issued by underwriters to operator of scheme for issue of certificates of insurance to claimants – Policies assigned to bank – Whether […]
 2 All ER (Comm) 924 Simon Picken QC led John Bignall and Josephine Higgs – Interest – Damages – Commercial Cases – Appropriate rate of interest on damages – Case involving foreign currency At a hearing on 29 September 2005 following the Preliminary Issues judgment the Court gave directions for a full trial to […]
 1 Lloyds Rep IR 786;  2 Lloyd’s Rep. 475;  Lloyd’s Rep IR 127;  2 All ER (Comm) 385 Gavin Kealey Q.C. leading David Bailey – Reinsurance – banker’s blanket policy – jurisdiction Reinsurance – Conflict of laws – Direct bankers’ blanket policy governed by law of Mauritius – Reinsurance governed by […]
 1 Lloyd’s Rep. 528;  2 All ER (Comm) 672 Christopher Butcher QC and Alexander MacDonald conducted a case concerning a challenge to an expert determination made as to the premium payable in connection with the reinsurance by Halifax Life of The Equitable Life’s unit linked and non-profit business.
Stephen Hofmeyr QC and Marcus Mander acted in a share sale dispute before the Privy Council in its inaugural sittings in Nassau, The Bahamas.
 1 Lloyd’s Rep. 487 Robert Bright QC – Settlement agreement – Allegation of fraud made against bank in proceedings against bank and other defendants – Settlement between bank and claimants on basis that allegations of fraud would not be repeated – Proper construction of settlement – Whether settlement contrary to public policy
 UKPC 11 Gavin Kealey Q.C. acted in a share sale dispute before the Privy Council in its inaugural sittings in Nassau, The Bahamas.
Gavin Kealey QC, Julia Dias and Alexander MacDonald – ICC arbitration between English reinsurers and South American reassured: Claim under reinsurance of a Bankers’ Blanket Bond policy insuring a State Central Bank.
 2 All ER 610 Christopher Butcher Q.C. and David Bailey – After the Event insurance Consumer Credit – Agreement – Form and content of agreement – Cancellation notice – Claims management scheme including credit agreement and insurance policy – Requirement that notice of cancellation of credit agreement omit statement that notice not affecting contract […]
 EWHC 2347 (Comm) Dominic Kendrick Q.C. and Timothy Kenefick acted for the claimants who succeeded in a £350 million claim concerning the sale of a company, ERF, in a fraud trial which also featured consequential claims in professional negligence against auditors. This major Commercial Court trial spanned 6 months and concluded in June 2005. […]
 3 All ER 986,  1 WLR 1395 Jim Drake – Costs – Security for costs – Jurisdiction – Court of Appeal – Whether Court of Appeal having jurisdiction to make order in favour of appellant defendant for security for its costs below – Supreme Court Act 1981, s 15(3) – CPR 25.12, 25.13, […]
 1 All ER (Comm) 1 Tim Kenefick – Negligence – Duty to take care – Existence of duty – Bank – Claimant underwriters authorising agent to underwrite insurance on their behalf – Authority requiring operation of separate client account – Bank issuing letter describing account as ‘client account’ – Bank and agent entering into […]
 Lloyd’s Rep IR 566; see also  2 BCLC 410,  2 BCLC 364, and  Lloyd’s Rep PN 379 Jonathan Gaisman Q.C., Christopher Butcher Q.C., David Bailey and James Brocklebank were part of the team defending Deloitte & Touche in respect of their role as auditors of Baring Futures Singapore. The claim against […]
 Lloyd’s Rep. IR 404 Alistair Schaff Q.C. acted in this film finance case in which he represented the successful Claimant whose declining of liability on grounds of breach of warranty was upheld. Reinsurance – Film finance – Fronting – Reinsurance agreement containing warranty – No equivalent warranty in direct insurance – Reinsurance stated to […]
 2 Lloyd’s Rep. 61 David Edwards led Michael Holmes; and Andrew Wales were involved in the film finance litigation Insurance (Financial contingency) – Non-disclosure – Misrepresentation – Duty of utmost good faith – Contracts for and of insurance – Allegations of non-disclosure and misrepresentation – Whether insurers entitled to avoid or rescind contract – […]
 3 All ER 274;  1 All ER (Comm) 76;  1 WLR 1135;  1 All ER (Comm) 626 Stephen Hofmeyr QC and Peter MacDonald Eggers acted in this matter involving material alteration to a guarantee; rule in Pigot’s Case Guarantee – Debt – Surety’s liability – Guarantee of company’s liabilities – Surety […]
 2 Lloyd’s Rep 406 Dominic Kendrick Q.C. and Adam Fenton acted in a Claim by Bank arising out of the financing of sale by presentation of fraudulent documents. Banking – Deceit – Negligence – Defendants refused to accept bills of exchange – Bank paid against clean receipts in respect of containers defendants had not […]
 2 Lloyd’s Rep 632 Dominic Kendrick Q.C. and David Allen and Richard Southern acted in this matter – Contracts for sale of cargo of oil contained exclusive English jurisdiction clause – Plaintiffs claimed against defendants in conversion – Bank brought proceedings in Paris to recover proceeds of sale – Third party proceedings brought in […]
 Lloyd’s Rep. Bank 219 Stephen Kenny acted for the plaintiff, Karaganda Ltd. This letter of credit case concerned the requirement under UCP 500 for tender of original documents. The Court of Appeal held (notwithstanding the terms of Art. 20(b) of UCP 500) that a document created on a word-processor, printed on a laser-printer, but […]
 1 L.R.L.R 6 Gavin Kealey Q.C. acted on behalf of underwriters at Lloyd’s for professional liability insurers in trial against financial services insured involved in pensions mis-selling).
 1 Lloyd’s Rep. 201;  1 Lloyd’s Rep. 115 Dominic Kendrick QC, Alistair Schaff and Richard Waller were involved in this claim on a P&I letter of guarantee. Carriage by sea – Letter of undertaking – Construction – Damage to cargo – Cargo-owners claimed against demise charterers – P. & I. club gave letter […]
 2 All ER 821 Timothy Saloman Q.C. led Alistair Schaff in a Conflict of laws matter – Contract – Proper law of contract – Bank – English bank holding account for Sierra Leone company owned by Sierra Leone government – Company’s articles of association providing that board of directors to consist of eight members […]
 1 EGLR 155 Gavin Kealey Q.C. and David Bailey. Mortgage Indemnity Insurance – mortgage portfolio securitisation (Commercial Court, Thomas J.) judgment December 1997: Acting for defendants against all other parties in 2 month trial in the Commercial Court: loan portfolio transfers, construction of lending criteria, bank Broking Deeds and assignments, application of insurance terms, […]
 1 W.L.R. 528 Richard Southern acted for the defendant in the Privy Council; banking, ship mortgage, mortgagee’s bank’s power of sale Admiralty – Mortgage – Mortgagee’s power of sale – Loan secured by mortgage of ship – Non-financial default by mortgagor – No money due under loan agreement – Mortgagees not accelerating repayment – […]
 1 Lloyd’s Rep. 487 Gavin Kealey Q.C. led David Edwards for syndicate of Banks in trial against Agent Bank: Duties of care owed by agent bank to syndicate of banks, misrepresentation and duties in the context of commercial property lending and mortgage indemnity insurance policies, the syndication of credit risks, the construction of Loan […]
 CLC 168 Timothy Saloman Q.C. led Christopher Butcher in a matter involving ISDA contract, and exclusive jurisdiction agreement – enforceability under Article 17 of the Brussels Convention – interpretation of International Swap Dealers Association (ISDA) contract terms.
 1 Lloyd’s Rep 135 Dominic Kendrick acted in a construction of the ICC rules for international credits Banking – Letter of credit – Rejection of documents – Sale of aluminium ingots – Bank rejected documents – Whether commercial invoice misdescribed goods – Whether packing list failed to describe or to identify goods – Whether […]
 1 All ER 381;  1 WLR 1 Christopher Butcher – Company – Reduction of capital – Preference shares – Redeemable preference shares – Redemption – Failure to redeem – Whether company precluded from liability – Companies Act 1985, s 178(2). Company – Shares – Purchase of shares with financial assistance of company – […]
 2 Lloyd’s Rep. 352;  2 Lloyd’s Rep 521 Jonathan Gaisman QC – Banking – Letter of guarantee – Construction
 1 Lloyd’s Rep 289 Jonathan Gaisman and David Bailey acted for judgment creditors – garnishee order – intervention of EC Commission Practice – Garnishee order – Intervenors – Amount in “SIP” account subject to order – Order to be made absolute – Intervention by EC Commission – Whether amount in account subject to trust […]
 1 Lloyd’s Rep. 251 Richard Southern – Banking – Sale of ship – Notice requiring sale – Undertaking in loan agreement that if vessel had not secured employment bank could require vessel to be sold – Whether notice requiring sale served within reasonable time – Whether implied limitation on time within which bank entitled […]
 2 LLR 524 Alistair Schaff acted in a major trial between the bank and its customer which was only concluded on appeal in 1999 Practice – Writ – Application to set aside – Jurisdiction – Loan agreement, assignment of earnings and deed of charges entered into between German bank and Liberian shipowners – Documents […]
 1 Lloyd’s Rep. 656 Stephen Hofmeyr – Banking – Mareva injunction – Contempt – Notice of injunction given to plaintiff bank – Plaintiffs continued to operate account – Plaintiff under impression that injunction only applied if bank named in order or bank served with order – Whether plaintiffs in contempt. Practice – Mareva injunction […]
 2 Lloyd’s Rep. 542;  2 Lloyd’s Rep. 79 Dominic Kendrick acted in a Court of Appeal decision involving the presentation of fraudulent documents and bills of exchange. Bill of lading – Title to sue – Attornment – Bank named as consignees – Bills of lading withheld from bank – Goods delivered without production […]
 1 Lloyd’s Rep. 89 Alistair Schaff acted in this letter of credit case Banking – Letter of credit – Sale of goods of Russian origin to Chinese buyers – Difficulties in trade between Russia and China – Letter of credit issued by Swiss bank – Documents falsely describing origin of goods issued to knowledge […]
 BCLC 301 Timothy Saloman – Non-immunity of Iraqi Embassy bank accounts in winding-up.
 1 Lloyd’s Rep. 71 Charles Priday acted in this Commercial Court decision on ship-finance dispute: acted for successful Plaintiffs. Ship finance – Arrangement fee – Plaintiffs agreed to arrange ship finance for defendants – Finance offer made by bank – Whether plaintiffs effective cause of offer – Whether terms of bank’s offer different from […]
 2 Lloyds Rep 35;  2 Lloyd’s Rep. 616 Gavin Kealey – Practice – Summary judgment – Guarantee – Validity – Bank made loan to facilitate purchase of diving support vessel – Defendants gave guarantee – Guarantee assigned to plaintiffs – Whether guarantee valid – Whether plaintiffs entitled to summary judgment.
 2 Lloyd’s Rep. 319 Julia Dias – Practice – Mareva injunction – Stay of action – Default in repayments due under loan agreement – Plaintiffs claimed inter alia against second defendant as guarantors – Plaintiffs given leave to serve writ out of jurisdiction – Whether second defendant entitled to stay action – Whether Mareva […]
 3 WLR 606;  QB 1225;  3 All ER 682 Gavin Kealey – Practice – Stay of proceedings – jurisdiction – Turkish Cypriot company entering into construction contract for works in Libya – Counter-guarantee of advance payments by Turkish bank – Counter-guarantee secured by deposits by plaintiffs – Turkish bank paying under counter-guarantee […]
 2 Lloyd’s Rep. 24;  1 Lloyd’s Rep. 368;  2 WLR 750;  AC 580;  2 All ER 6;  1 All ER 1;  3 WLR 906 Timothy Saloman – Conflict of Laws – Sovereign immunity – Diplomatic immunity – Expenditure in running diplomatic mission – Moneys in embassy bank accounts […]
 2 Lloyd’s Rep.;  3 WLR 39  QB 917;  3 All ER 104 Timothy Saloman – Bill of Exchange – Notice of dishonour – Claim by holder for payment – Dishonoured bill of exchange returned to drawer by holder in due course – Drawer applying as holder of bill for summary judgment […]