banking liaison group
   

banking expert witnesses

 

What does a banking expert witness do?

Banking Liaison Group accepts instructions from Solicitors in cases where they require the expert opinion of an independent banker.

Our consultants have a variety of backgrounds, including

  • Branch banking
  • Corporate banking
  • Personal banking
  • International banking
  • Correspondent banking
  • Cash management
  • Banking operations
  • Lending control.

We are most often asked to report on what a reasonable or prudent banker would have done in a given set of circumstances and how this compares with actual events.

Initially, we analyse and assess the strengths and weaknesses of the actions taken by the bank based on our reading of the case documents and the pleadings.

We provide an impartial opinion on all the practical banking aspects of the case for consideration by the Solicitor and Counsel.

Where required, we can then provide detailed reports to support the client's case.

 
 

Examples of our expert witness work

Some examples of our work show the diversity of our experience
  • A manufacturing company sued its bank for damages. Our expert evidence helped it achieve a high seven figure settlement.
     
  • We reported on the duties and obligations of a bank's advisors appointed in connection with commercial property lending transactions.
     
  • We gave guidance on the merits of claims of bad advice and on the lending controls exercised by banks.
     
  • We investigated the banking fees and charges incurred by a corporate client, comparing these with reasonable banking practice.
     
  • A report was prepared on "Customer Not Present" transactions, advance payments and refunds on credit cards.
     
  • We have reported on the practical banking issues involved in divorce settlement negotiations.
     
  • Opinions have been given concerning procedures for Promissory Notes, Documentary Letters of Credit, and SWIFT payments.
     
  • We reported on the procedures involved and a banker's duty of care in many situations including
     
    • when there is joint and several liability for borrowing
       
    • when withdrawing or amending 'on demand' facilities
       
    • when realising security to repay a debt
       
    • when analysing information supplied in support of a borrowing application
       
    • when collecting and paying high value cheques and drafts
       
    • when introducing company doctors and investigating accountants
       
    • where there are alleged fraudulent banking transactions.
       
  • In the case of a venture capitalist, we wrote a major report on due diligence and certain statutory financial information.
     
  • We reported on a competent banker's knowledge of statute law in relation to the practice of banking.
     
  • We have investigated allegations of fraud and reported on a banker's role in fraud prevention in the UK and other jurisdictions
     
  • It was claimed that an accountant had failed his client by not approaching the bank with a proposal to lend in a tax efficient way. We reported on how the Bank would have responded to the proposal.
     
  • We reported on the validity of a bank's records in connection with disputed ATM withdrawal
     
  • More banking expert witness assignments.
 

Your quality assurance

We abide by the Law Society Code of Practice for Expert Witnesses engaged by Solicitors.

The Law Society, the UK Register of Expert Witnesses and Expert Witness~Expert Consultant have checked the quality of our work and include us in their lists of experts.

 
 

You can view our Standard Terms & Conditions for Expert Witness work.

Talk to us on 0845 65 85 100 or complete our form and we will contact you.

 
 

 
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