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Banking and finance

Banking and finance law intersects with various other practice areas and is a highly technical, evolving and jargon-heavy area of law. There is also an important international element.

Our members have experience in all aspects of banking and finance law, from debt collection to the most complex commercial banking disputes. Our members assist with disputes regarding financial transactions and the recovery of money or assets. They are familiar with the commercial and regulatory regime in this sector, and have the expert legal knowledge necessary to implement successful strategies in disputes relating to: 

· Insolvency 

· Debt recovery 

· Lending 

· Security 

· Project finance 

· Acquisition finance 

· Financial services regulation 

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James Cairney

+64 27 455 9184

Jason Goodall KC

+64 21 166 6539

Peter Watts KC

+64 21 491 531

Polly Pope

+64 27 518 1329

Tiaan Nelson

+64 21 0295 9889

Insights

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Opinion

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12/7/2023

Reviewing contractual discretions: the New Zealand Court of Appeal considers the Braganza Test

In Woolley v Fonterra Co-op Group Ltd [2023] NZCA 266, the New Zealand Court of Appeal recently considered the approach to the review of contractual discretions adopted by the UK Supreme Court in Braganza v BP Shipping Ltd [2015] UKSC 17, [2015] 1 WLR 1661. In his opinion piece, Peter Watts KC examines the controversial nature of the Braganza test, and how the Court of Appeal’s decision was not surprising.

Opinion

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13/3/2023

Quincecare in the Hong Kong Court of Final Appeal

International expert on the law of agency Peter Watts KC considers a recent decision of the Hong Kong Court of Final Appeal where it was assumed by both parties and the Court that the dishonesty of the customer’s mandataries automatically removed the bank’s actual authority to follow their instructions.

Cases

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17/6/2022

Spotlight on Nigeria v JPMorgan Chase Bank

The trial decision of Cockerell J in Federal Republic of Nigeria v JPMorgan Chase Bank NA [2022] EWHC 1447(Comm) in the England and Wales Commercial Court has just been delivered this week. Peter Watts QC discusses the background of the case and the role of Quincecare duty.

Cases

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2/3/2022

Ponzi schemes, payouts and directors’ duties: Stanford International Bank v HSBC Bank

In January 2022, an appeal in the case of Stanford International Bank v HSBC Bank was argued before the Supreme Court. The assumed facts (the proceedings involved a strike out) were that the claimant, now in liquidation, had not been a bona fide bank. Rather, it was nothing more than a vehicle for a Ponzi scheme. Some of the funds raised under the scheme had been held in an account with HSBC.

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