For a great many years we have acted for a range of banks, brokers, fund managers and other participants in the financial services industry and have very extensive experience of all of the sorts of disputes in which such institutions routinely become involved.
We have a clear and incisive understanding of the relevant technical issues and commercial imperatives and are well used to complying with the particular operational requirements of financial institutions. We act for banks in their capacity as both claimants and defendants. Our varied case load often involves banks being sued for negligence, but also includes technical disputes relating to share transfers, money transfers, breaches of mandate, the operation of the CHAPS system, cheques and other instruments. Disputes often involve allegations of fraudulent activity. Most recently, we have received a number of instructions arising out of the "credit crunch" involving trades in derivatives and CDOs. Travers Smith is on the litigation panels of three major banks.
“Travers Smith LLP's rapid emergence is illustrated by its ever-expanding banking client base and the major cases it has handled against banks.”
The Legal 500
We have represented clients in the following matters:
- Sebastian Holdings Inc (SHI) in claims in the US and London against Deutsche Bank arising from a series of exotic derivative transactions in which our client sustained losses of around $800m
- RBS in its successful defence of a complex £10m claim asserted by an Austrian bank, Raiffeisen Zentralbank Osterreich AG (RZB) in the Commercial Court. RZB, one of the syndicate banks in a £100m plus loan facility arranged by RBS, alleged that RBS was fraudulent in inducing it to participate in the syndication by reason of its alleged knowledge of and involvement in Enron's alleged dishonest accounting
- Shinhan Card, a division of one of the most prominent banks in South Korea, in Commercial Court proceedings against JP Morgan and Citibank involving a dispute arising out of a $300m loan facility
- the wholesale banking arm of one of the UK's largest banks in relation to a £21m claim brought by the Financial Services Compensation Scheme which, as assignee of a number of retail investors' claims, alleged negligence in relation to the content of the bank's marketing literature
- a Luxembourg company ultimately owned by a prominent European family in proceedings brought against one of the most important US investment banks relating to a dispute involving around $500m
- a hedge fund in litigation with Deutsche Bank involving sums in the order of $750m. Claims were contested in New York and London, arising out of FX contracts and ISDA Master Agreements
- an investment bank in relation to an intermediation trade with another investment bank and a monoline insurer under an ISDA Agreement. Our role has included investigating the specific features of the transaction (such as the use of collateral under the ISDA Credit Support Annex and the purchase of credit default swap protection) and advising on potential claims arising out of this transaction
- an Austrian state-owned business in connection with claims asserted by a London-based bank in relation to trading in CDOs