Since 2008 we have developed a niche in banking disputes, and a highly successful profile acting for clients who are in dispute with their bank, insurance company, pension provider or IFA. We are one of the few Scottish law firms who are free from the conflicts of interest which can prevent other law firms from suing UK clearing banks, and our specialist team acts at the cutting edge of this field.
What people say about us
We believe in our testimonials speaking for themselves. The MBM Dispute Resolution team is ranked in Chambers Band 2 for banking litigation, as
“Highly adept litigators with a strong track record in bringing claims against banks. Particularly strong expertise in relation to allegations of breach of contract, negligent misrepresentation and personal guarantees. Claimant-side capabilities are supplemented by experience acting for institutional and commercial lenders, particularly with regard to professional negligence claims and repossession work. Continues to expand the range of cases it takes on, pursuing claims in litigation relating to 'vulture funds' and online fraud.”
Chambers also say: "They are genuinely committed to providing a high level of service and client support. The culture of the firm is inclusive and compassionate, and they take time to properly understand the issues and then deliver pragmatic, balanced and sensible legal advice."
The other ranking guide for lawyers around the world, the Legal 500, describes us as:
“A force to be reckoned with particularly when bringing and defending claims against banks and other financial institutions on behalf of individual entrepreneurs and SMEs”. (Legal 500 2018, Commercial Litigation Band 3).
Team head, Cat MacLean, the only person to have twice won the prestigious Solicitor of the Year Award at the Law Awards of Scotland, in 2012 and again in 2015, is also ranked as an individual in Chambers for Banking Litigation, one of only 8 lawyers in Scotland to receive such accreditation, described by Chambers as “demonstrating strong interpersonal skills, commerciality and leadership”. The Legal 500 says: “MacLean 'displays calm equanimity in the face of challenging, complex and often adversarial situations'.”
What we do
We specialise in:
• Personal Guarantee claims: in recent years we successfully defended claims under Personal Guarantees totalling over £3 million, and pursued Personal Guarantee claims for clients, achieving 100% recovery.
• Financial Disputes between Businesses: we have successfully pursued and defended tens of millions worth of financial disputes between Businesses.
• Online Fraud claims: we have pursued and settled a range of online fraud claims, handling claims totalling over £4 million.
• Professional negligence claims: we have secured over £3 million for clients pursuing professional negligence claims arising in the context of banking issues, including claims against solicitors arising from online fraud.
• Breach of Contract, Breach of Contractual Promise and Negligent Misrepresentation claims against banks: we have successfully litigated cases ranging from smaller amounts up to £30 million against a wide range of financial institutions.
• Vulture Fund Litigation: since vulture funds first started acquiring commercial loan book debt, we have acted for many commercial lending customers who have found their debt transferred to Promontoria, Cerberus and other vulture funds. We have successfully negotiated debt forgiveness and debt write-off, prevented repossession and sequestration, and secured interim orders preventing bankruptcy proceedings from being pursued.
• Litigation Funding: we are pioneers in helping clients find and use litigation funding in Scotland. Working closely with our partners in the litigation funding marketplace we have developed a strategy that ensures that the best cases are fully funded through the whole litigation process. In 2015, we secured a fully funded victory in the Supreme Court for Mr Carlyle, a property developer in dispute with his bank.
• Funds Disputes: in recent years we have used our big finance litigation expertise to help our clients successfully navigate a variety of disputes arising out of high value private equity investments.
For help and advice with your Financial or Banking Dispute, contact our dispute resolution team on 01312268200 or fill out our online contact form.