Banking and Finance

Our banking and finance team acts for both banks and borrowers, across a broad spectrum of finance transactions.

Our team has considerable experience of acting for funders – ranging from high street banks such as Santander and HSBC, Barclays, RBS, NatWest and Lloyds, to specialist funders such as Julian Hodge Bank and Unity Trust Bank. In banking and finance, we also advise borrowers when they are faced with bank due diligence, working closely with clients and their brokers.

Banking and Finance Sectors

We operate in a wide range of sectors, including:

• re-financing
• investment finance
• development finance
• social housing finance
• healthcare finance
• leisure/hotel finance
• charity finance.

Here are some examples of the banking and finance work that we’ve been involved in:

  • Acting for a private bank in respect of two loans totalling £17.5 million to a company based in Guernsey with several assets in the UK.  The deal was delivered on tight timescales, having first negotiated the complexities presented by the corporate structure, the foreign jurisdictional issues and the nature of the properties in the security suite.   The transaction involved drafting facility agreements and security, overseeing the transfer of properties to the parent company, new leases being established and franchise agreements vetted.  Banking and finance advice was also required on the new Opco/Propco structure.
  • Acting for a Care Home Sector group of companies, referred to us by the Bank funding the transaction.  Working with the Borrower and the lawyer, acting for the funder to achieve a complex £4 million re-finance with several companies offering security and cross collateralising each other.  We also oversaw the transfer of a number of properties from a SIPP to complete the security re-organisation.
  • Acting for a specialist third sector funder in a social housing instruction of £7.5 million. The loan is secured over a portfolio of 300 plus properties.  We have been responsible for the supervision of the borrower’s solicitor in the preparation of Reports on Title, the negotiation of remedies to the defects in title identified, and the perfection of security.
  • Acting for a leading high street bank in respect of small loans and specific items of security on a volume basis.  Working to agreed scale fees to maximise volume and economies of scale.
  • Acting for a private bank in respect of a £6.3 million loan to a property investment company with a significant portfolio of properties, taking security over 61 apartments spread over 12 properties and 6 Houses in Multiple Occupation.  The transaction involves drafting facility agreements and security and the review and approval of Certificates of Title prepared by the Borrower’s solicitor.
  • Acting for a Grand Cayman Island based funder looking to offer funds to borrowers in the UK.  Complex drafting and advice was given to the client to enable the first UK lending transaction by the client.
  • Acting for leading high street banks in respect of several renewable energy projects on agricultural land.  Within banking and finance, we have experience of acting for both banks and borrowers when funding is required for wind turbine projects, anaerobic digester plants, tidal projects and renewable energy power plants.
  • Acting for a major high street bank in respect of a full security review of several portfolios for clients who have breached their banking covenants.  We compile a full security review report highlighting any deficiencies with the security, and  advising on remedies and enforceability options.
  • Acting for an Irish company re-financing and acquiring properties on bridging finance to enable the re-finance and acquisition of properties in receivership.  The debt had been acquired from a hedge fund and significant negotiation and cajoling was required to allow the receivership to be set aside and the properties re-financed.  This matter was referred to us via the broker who arranged the re-finance.

The leading lawyers in the team are:

Christopher Agius, Tom Kelleher, Jeremy Williams