The Banking Liaison Group
provides a specialist banking service including the provision of
expert witness testimony on behalf of banks and their customers.
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.
Among the many assignments that we have undertaken
are a number concerning the practical banking issues involved in
matrimonial disputes including divorce settlement negotiations.
The financial implications can be complex and we use our expertise
to clarify what can be achieved with the co-operation of the bankers.
The following are a few examples of our work: -
A husband claimed that substantially all his assets
were held by the bank as security for its lending to his company.
Our report showed that the value of this security far exceeded the
bank's maximum lending risk and that the bank could safely release
its legal charge over the matrimonial home.
A husband claimed he had insufficient liquidity
to pay a substantial lump sum settlement. Our report included a
banking analysis of the international group of companies controlled
by the husband and showed how funds might be released without damaging
the group's ability to continue its normal business activities.
A wife claimed that she could not draw cash from
her business interests nor borrow money secured on her personal
assets to pay a lump sum settlement. Our report showed how the required
sum might be raised. We also reported on Swiss Banking Law and the
beneficial ownership of certain Swiss bank accounts.
Applications had been lodged for a variation
of maintenance orders. We reported on the husband's change of role
within an international bank, the manner in which the change had
been made and the likely impact of the change on the future level
of his annual discretionary bonus.