The banking and finance group at Clarke Willmott offers a national service encompassing lawyers with a range of legal skills and expertise within sectors relevant to the banking and finance industry.

We do not work in silos but share knowledge and best practice across the firm helping to develop our reputation for providing informed pragmatic advice.

Corporate lending

Clarke Willmott’s corporate lending team advises borrowers and lenders on a wide range of corporate banking matters. This includes advising on the financing aspects of acquisitions and disposals of companies and business including MBOs, MBIs and private equity investments Our team is experienced in drafting and advising on LMA compliant documents.

We concentrate on providing clear, concise reports to our clients on all aspects of the transactions ensuring that we concentrate on the issues that are important to our clients. We also endeavour to introduce our lender and corporate clients on transactions to enable us all to work together to create funding solutions.

Real Estate Finance

We advise on all aspects of funding property transactions and related issues across the real estate sector from smaller retail projects and residential development schemes to leisure and sports facilities and large commercial developments.

How are we different? Our experience in the real estate sector means we understand the challenges our clients face, and we aim to add value by anticipating them wherever we can. We work with other Clarke Willmott lawyers to look for business for our clients, and we believe in being reciprocal about business wherever we can. It’s where we believe we add the greatest value.

Construction & Project Finance

Our nationally recognised construction team provides advice to funders investing in mainstream developments, retail, regeneration, energy and infrastructure projects. We are experienced in protecting funders through appropriate collateral warranties.

Our client base is increasingly international, advising principally European based clients on a variety of renewable and construction matters, including biogas plants, negotiation of EPC contracts, escrow account details, maintenance and consultancy agreements and performance bonds as well as dispute resolution.

Agricultural Finance

Clarke Willmott’s Agriculture team has a long history of working alongside the banks and other financial institutions, which lend to the agriculture industry.

We advise banks in the taking of security and with our specialist expertise in agricultural quotas and subsidies, we are able to handle and draft novel forms of security over assets, such as entitlements under the single payment scheme, whenever new opportunities arise. We also advise on the enforcement of security, including receiverships.

We act for farming businesses in granting security to lenders over their farming assets, whether in the context of a farm purchase, business reorganisation or re-mortgaging. Assets which can be used as security include land, live and dead stock, quotas, entitlements and subsidy payments.

If farming businesses get into difficulties, we have extensive experience of advising on appropriate strategy, whether that is to achieve refinancing, restructuring, turnaround or formal insolvency (whether personal or corporate).

Social Housing

We advise our social housing clients on all aspects of their funding requirements. This includes advising on new finance and re-financing for property acquisitions, charging and development including advice on industry specific lending and security documentation

Private capital

Our Private Capital Team has wide experience of the preparation of Wills and Trusts and the Administration of Trusts and Estates.  We have assisted a number of banking clients lending to trusts to ensure that the trustees have the relevant power to borrow funds.  If a bank is acting as an executor and trustee we can assist with the interpretation of the documents and the administration of the estate or trust including negotiation with HM Revenue and Customs.  If a matter becomes contentious our private client litigation colleagues can represent the bank in any dispute with beneficiaries.  If the bank is advising individuals on their wealth planning we can assist with any legal aspects particularly where clients have international aspects to their affairs or need to provide for vulnerable beneficiaries.

Banking Litigation

We act for domestic and foreign banks, building societies, financial institutions and asset-based lenders in relation to claims brought both by and against our clients.

We understand the nature and mechanics of the financial transactions which lie at the heart of the disputes we deal with and regularly work with our non-contentious banking teams.  We also understand the reputational and regulatory concerns that can influence the conduct of disputes.

Our expertise includes disputes arising out of lending contracts, claims for conversion, constructive trust claims, breach of trust and mandate, professional negligence, secured and unsecured recoveries, mortgage repossession, fraud and operational loss recovery, asset tracing, title and security issues and general commercial disputes.

Restructuring & Insolvency

Our restructuring and insolvency team combines mainstream restructuring and insolvency expertise with specialist fraud litigation and overseas asset recovery services.

The team acts for financial institutions in connection with:

  • security reviews, enhancement and enforcement;
  • corporate restructuring and refinancing (including re-banking, alteration of existing banking facilities  and security arrangements and debt for equity swaps);
  • formulation and implementation of turnaround strategies; accelerated or distressed acquisitions or disposals; directors duties;
  • formal insolvency processes (appointment, implementation and strategy); and
  • investigation of misconduct and recovery of assets for stakeholders, either directly or via implementation of formal insolvency processes