Financial services

A driving force in the UK and the worldwide economy, the financial services sector has effected radical technological and regulatory changes over the last decade and broken down many entry barriers. At Penningtons Manches Cooper, our UK and international financial services lawyers provide the integrated support clients require to operate with confidence in the midst of these developments, and stay ahead.

Trusted financial services advisors

Working closely with the firm’s other core sector groups, we deliver financial services legal advice and solutions for both users and providers. These are tailored to the specific needs of those sectors, whether real estate, shipping, wealth management, education or technology.

Our banking and finance team acts for a large number of UK and overseas banks, assisting in the structuring and documentation of their various finance transactions and steering them through even the most complex of deals. As their trusted advisers, we ensure that our clients can address the pace of change and numerous demands that the current dynamic financial services sector presents.

For fintech start-ups and new market entrants, we advise on fundraising and financing, the contractual and regulatory aspects of financial services, and related data protection and cyber security issues, enabling them to focus more closely on the development of their products and services. Our team is also increasingly engaged to help established market participants meet the challenges to their business models from fintech companies and other disrupters by dealing with the impact of technological change on legacy systems, developing their own fintech, or pairing up with start-ups.

We also give financial regulatory support to clients – particularly in our core areas of real estate, trade and commodity and project financing – to ensure they are well placed to handle the risk and compliance environment in which their services are delivered. This includes our employment lawyers advising on the Senior Managers and Certification Regime and potential breaches, as well as managing compliance reviews and addressing regulatory requirements through insurance and other qualifying credit risk mitigants. The rapid growth of regulation means visits, investigations and enforcement action by regulators are a common part of life for financial services firms; our team is experienced in guiding clients through these processes and in liaising with regulators.

Very good technical experts, depth of experience throughout the team, excellent links with other practice areas so they can provide a seamless service.

Legal 500

We have a wealth of experience in bringing and defending contractual and non-contractual claims, including claims arising from syndicated lending, trade, commodity and project financing, related derivatives contracts and from digital assets including cryptocurrencies. We have also brought and defended claims for the mis-selling of financial services.

While technological change and innovation are the source of motivation to many businesses and organisations, we recognise that they also drive fraudsters and other criminals to ever-more creative and complex means of exploiting these developing technologies. Our specialists assist clients who have been cyber attacked, combat fraud, and recover assets lost through misappropriation.

How we help our clients

Useful resources

Recent work highlights

Saudi Arabian Murabaha facility

Advising on a CHF170 million Murabaha facility for a Saudi Arabia investment group, involving Islamic finance considerations across jurisdictions including England, Switzerland, and Saudi Arabia.

Forward-funding JV for regeneration work

Representing a UK property group on a £500 million forward-funding joint venture, in a deal with a housing trust for a 1,000-unit mixed tenure residential and commercial regeneration scheme in London.

Cryptocurrency regulatory advice

Providing regulatory advice to one of the first UK-based cryptocurrency trading exchanges to be fully registered with the FCA as a cryptoasset firm, including in its subsequent dealings with the FCA.

Regulatory body authorisations

Assisting full licence banks, start-up challenger banks, and other regulated businesses with applications for PRA and FCA authorisations.

Secured development finance facility

Acting for a lender on a £32.6 million development finance facility, secured by a new legal charge and existing security and an assignment over construction documents.

UK market entrance guidance

Providing strategic legal and regulatory guidance to a number of non-EU banks and financial institutions seeking to establish operations in the UK.

Outsourced AML compliance services

Assisting a German bank operating in 25 EU countries on the integration of its outsourced AML screening and monitoring services with its new core banking system – negotiating the outsourcing agreement with its service provider and ensuring tool compatibility.

Financial services technology dispute

Acting for a fintech company in a claim against Metro Bank PLC for misuse of confidential information, copyright infringement, conversion, breaches of contract, tortious interference with contractual relations and joint tort feasance through common design.

Major authorised push payment fraud case

Acting for the Consumers’ Association (Which?) as intervener in Philipp v Barclays Bank UK Plc [2022] EWCA Civ 318, and [2023] UKSC 25, an APP fraud case clarifying banks’ duty of care when executing payment instructions for clients.

Court of Appeal European banking dispute

Representing a major European bank on a letter of credit dispute which came before the Court of Appeal with a value of approximately US$35 million.

Bank fraud prevention service

Assisting a national payment system operator with the commercial agreements and data compliance required to set up a payments system overlay service to help banks better combat fraud.

Leading investment platform acquisition

Representing Seedrs, Europe’s leading online private investment platform, on its landmark acquisition by US fintech company Republic, for US$100 million.

Outsourced AML compliance services

Assisting a German bank operating in 25 EU countries on the integration of its outsourced AML screening and monitoring services with its new core banking system – negotiating the outsourcing agreement with its service provider and ensuring tool compatibility.

Financial services technology dispute

Acting for a fintech company in a claim against Metro Bank PLC for misuse of confidential information, copyright infringement, conversion, breaches of contract, tortious interference with contractual relations and joint tort feasance through common design.

Major authorised push payment fraud case

Acting for the Consumers’ Association (Which?) as intervener in Philipp v Barclays Bank UK Plc [2022] EWCA Civ 318, and [2023] UKSC 25, an APP fraud case clarifying banks’ duty of care when executing payment instructions for clients.

Court of Appeal European banking dispute

Representing a major European bank on a letter of credit dispute which came before the Court of Appeal with a value of approximately US$35 million.

Bank fraud prevention service

Assisting a national payment system operator with the commercial agreements and data compliance required to set up a payments system overlay service to help banks better combat fraud.

Leading investment platform acquisition

Representing Seedrs, Europe’s leading online private investment platform, on its landmark acquisition by US fintech company Republic, for US$100 million.

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