Alistair is a Senior Associate in the Banking team.
Experienced in litigating claims through the courts up to and including the Court of Appeal but equally has extensive experience of alternative dispute resolution, achieving commercial and pragmatic settlements via mediation and informal negotiations.
Supporting clients on disputes arising in the context of business banking and finance agreements, over issues including missing or delayed payments, refinancing or re-securitisation, asset tracing, disputes over the validity of personal guarantees, fraud and insolvency.
In addition, Alistair assists lender clients in the swift enforcement of defaulting debtors in respect of secured lending, unsecured cash flow and cash advance agreements, pursuing debtors to obtain judgment, and securing charging orders against company property or property owned by company directors – in the UK and overseas.
He acts for a variety of commercial clients including partnerships, LLPs, owner managed SMEs, limited companies, public companies, merchant banks, commercial and tertiary lenders such as peer-to-peer funders, brokers and asset finance companies.
Recent examples of how Alistair has supported clients include:
- tracing, securing and recovering assets with a value in excess of £100,000, plus damages, for an international clothing machine manufacturer;
- recovering a part payment of a loan facility in default to the tune of £1.1 million on behalf of the lender without litigation, satisfying the investors while still enabling the client to pursue the debtor for outstanding sums;
- securing possession of a bankrupt company director’s residential property for a lender, after the company went into liquidation, and ongoing litigation relating to disputed penalty clauses, excessive interest provisions and accelerated payment clauses;
- advising on fraudulent revolving loans on which the debtors had defaulted resulting in the client companies and special purpose vehicle companies entering into administration; and
- successfully quashing an attempt to extract monies from a financial institution in receipt of a threat of legal proceedings concerning non-payment of brokerage commissions in the region of £90,000.