Members of Whitestone Chambers are regularly instructed to act both for and against banks in a wide variety of matters.
We have particular expertise in defending claims brought under personal guarantees.
We also regularly represent and advise in relation to claims brought by banks, particularly against small to medium sized business (those with an annual turnover of up to £50 million) where facilities are secured with guarantees and/or legal charges over the personal property of directors or shareholders.
Chambers has acted against almost every bank in the UK including Barclays, Lloyds, HSBC, Halifax/Bank of Scotland, Nat West, RNS, and many others.
We also deal with Interest Rate Hedging Products claims for mis-selling.
We have a long history of settling disputes with banks on terms that allow the business or individuals concerned to move on.
Commercial & Chancery
Whitestone Chambers Commercial and Chancery Specialists
Members of Chambers undertake a full range of Commercial Chancery disputes. Members advise and appear regularly in the Commercial Court, Chancery Division and various County Courts in and out of London
Our expertise covers a range of specialist areas, including:
Banking and Finance
Conflict of Laws / Private International Law
Reported & Notable cases Include
Bensalah v Pubic & Commercial Services Union (2012): Successfully represented the defendant in a professional negligence claim.
Lipscombe v Thurgate (2011, High Court QBD): Represented the defendant trade union representative in a High Court claim for negligence and breach of contract and successfully applied for the claim to be struck out on the grounds that it had no reasonable prospects of success.
F.E.E. EUROPE LIMITED: Companies Court, cross border merger.
Moyfab Engineering Limited v. Cloos (UK) Limited: contractual settlement negotiations for £450,000 governed by German law.
Hellas Telecommunications (Luxembourg) II S.C.A: Chancery division – Companies Court / Tribunal D’Arrondissement (Luxembourg), Europe’s biggest pre-pack administration, which left creditors €1.5bn (£1.1bn) out of pocket and pursuant to initial English advice we filed for €985 million in Luxembourg.
Kenneth Higgs v Leshelmaryas  UKPC 47: Appeared for Defendants in Chancery Privy Council appeal, successfully arguing against adverse possession claim over commercial land situated in The Bahamas.
Dalriada Trustees Limited v South Horizon Trading Limited and Others: High Court, Chancery Division. Acted for Defendant pension companies in claim for breach of trust.
Members of Chambers are experienced in acting for creditors (secured and unsecured) and appear regularly in the Chancery Division and Companies Court of the Royal Courts of Justice.
Our expertise includes:
Asset Tracing and recovery
Winding up petitions
Company and Individual Voluntary Arrangements
In addition, through our knowledge of Insolvency law this often provides clients with valuable assistanNotable cases Include
Companies Court (2012): Applications for orders restraining presentation of winding up petitions on the basis that statutory demands were not debts or liabilities owed by the applicants to the petitioner.
Suisse Security Bank & Trust Ltd (In Liquidation): Bahamas Supreme Court. Advising in several litigations in liquidation of company incorporated in The Bahamas, with assets in multiple jurisdictions.
Re: Hartmayes (in liquidation), Companies Court, Chancery Division High Court: Represented liquidator in proceedings against company Director, including Private Examination and Arrest Warrant.
Advised German Creditors of an insolvent German timber trader on the Merits of a claim to recover fees and charges for timber storage in the port of Dubai under English law.
Hellas Telecommunications (Luxembourg) II S.C.A, Chancery division – Companies Court / Tribunal D’Arrondissement (Luxembourg), Europe’s biggest pre-pack administration, which left creditors €1.5bn (£1.1bn) out of pocket and pursuant to initial English advice we filed for 985 mil € in Luxembourg.
F.E.E. EUROPE LIMITED, Companies Court, cross border merger.
Barristers have unrivalled experience as advocates in England and Wales. Unlike solicitors, every barrister has the right to appear in all courts in England and Wales. Where litigation is pursued in the English courts, a solicitor is used to instruct the barrister. The role of a barrister is not only as advocate but also as an expert. As an expert, barristers advise on particular questions of law and draft agreements and formal pleadings.
Barristers are individual practitioners and as such their independence guarantees against conflict of interest, a potential problem for lawyers practising in partnership. The status of barristers as sole practitioners also allows barristers to market their professional service without the costs of an elaborate administration.
In the case of litigation taking place outside England and Wales, a barrister may be appointed direct. Barristers may be instructed directly in international arbitrations held anywhere in the world, including England and Wales. Foreign clients with advisory problems can also instruct barristers direct to obtain written or oral advice.
International Commercial Practice:
Barristers at 4 King’s Bench Walk have acted for a number of years for a large number of commercial clients worldwide. Members of chambers can offer international commercial clients advisory drafting and dispute resolution services. As commercial specialists each barrister understands the commercial objectives of their clients.
Members of chambers regularly advise on and draft a wide variety of commercial agreements. All of the barristers profiled below are experiences advocates, well versed in dispute resolution. All have appeared in the highest courts of England and Wales. Some members of chambers are admitted in other jurisdictions and have taken deposition in the United States. All are able to appear in arbitrations, tribunals and public hearings both at home and overseas, subject to local law.
Direct Access for Overseas Attorneys and Clients
Direct access to member of chambers is available to overseas attorneys and clients under the Overseas Practice Rules of the Bar of England and Wales (see further below) and the Direct Professional Access Rules of the Bar. Member of chambers regularly travel to the United States, the Far East and Europe to meet clients. In addition, 4 King’s Bench Walk also offers the use of its facilities to visiting overseas attorneys and clients as venue for arbitrations and taking depositions.
All members profiled on this web site are contactable by email & DDI. Chambers has the latest video conferencing technology and members are able to conduct conference by video conference (vid: +44 (0)20 7822-8830) or in person anywhere around the world.
Areas of Practice
While individual members of chambers focus on a number of specialist areas, the range of commercial work undertaken by 4 King’s Bench Walk as a whole is extremely broad, including:
Commercial fraud and other areas of white collar crime