Banking and Finance Litigation

Strategic dispute resolution and recovery advice to help lenders and funders protect their financial and commercial interests.

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Disputes arising from lending and finance arrangements can affect cash flow, portfolio performance and the recoverability of outstanding funds. When a borrower defaults, challenges the terms of an agreement or fails to comply with an agreed repayment arrangement, early legal advice can help a lender assess its position and identify the most effective response.

DTM Legal advises banks, alternative finance providers, debt purchasers, FinTech lenders, asset-based lenders and other funding businesses on banking and finance litigation. We support clients with individual disputes and wider recovery portfolios, providing advice tailored to the value, complexity and commercial circumstances of each matter.

Our Dispute Resolution solicitors help clients pursue outstanding liabilities, enforce guarantees and security, respond to contested claims and negotiate practical resolutions where appropriate. Where court or insolvency proceedings are required, we act decisively while keeping the likely recovery, cost and wider commercial objectives under review.

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Banking and Finance Litigation Services

We advise lenders and finance providers on a wide range of contentious matters, including:

  • Recovery of unpaid loans and finance balances
  • Disputes arising from loan and facility agreements
  • Enforcement of personal and corporate guarantees
  • Enforcement of indemnities and security
  • Asset finance disputes
  • Invoice finance and factoring disputes
  • Disputes involving revolving credit and working capital facilities
  • Breaches of repayment arrangements and financial covenants
  • Default, acceleration and termination disputes
  • Contested debt and enforcement proceedings
  • Recovery involving assigned loans and debt portfolios
  • Negotiated repayment and settlement arrangements
  • Court proceedings to obtain judgment
  • Enforcement of judgments and court orders
  • Insolvency-related recovery action
  • Mediation and alternative dispute resolution
  • Urgent applications where assets or recoverability may be at risk

Why Instruct DTM Legal?

Banking and finance disputes require an understanding of both the relevant documentation and the commercial realities of lending and recovery. Our Dispute Resolution team takes the time to understand the facility, the borrower’s position and the outcome the lender needs to achieve before recommending a strategy.

We focus on recoverability and proportionality rather than pursuing litigation as an end in itself. This means considering negotiation, revised repayment arrangements, mediation, court proceedings, enforcement and insolvency options in the context of the likely return and the wider portfolio relationship.

Our team has experience supporting finance providers with litigation, recoveries and insolvency-related matters. We can act on individual high-value disputes or help develop a consistent and commercially effective approach across a larger volume of cases.

We provide:

  • Practical and commercially focused recovery advice
  • Early assessment of legal rights and likely recoverability
  • Strategies tailored to individual matters and wider portfolios
  • Clear advice on guarantees, security and enforcement options
  • Support with negotiated settlements and repayment arrangements
  • Decisive representation in court and insolvency proceedings
  • Responsive reporting and communication throughout the matter

Get in Touch

Whether you are dealing with an individual finance dispute or require ongoing support across a recovery portfolio, our Dispute Resolution team can help you assess your options and pursue an effective commercial strategy.

To discuss your requirements, contact us by emailing information@dtmlegal.com or calling 01244 354 800 / 0151 321 0000.

Key Contact
Partner / Head of Liverpool
DTM Legal
5/5
350+Reviews

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Key Considerations for Banking and Finance Disputes

Gathering the key documents and information at an early stage can help your solicitor assess the available remedies, likely recovery and most proportionate next step.  Read our Key Considerations guide to understand some of the points a solicitor may wish to discuss when responding to your enquiry. It can help you prepare the relevant information and make your initial conversation more productive.

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DTM Legal
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Dispute Resolution Team

Jim Morris

Head of Dispute Resolution & Construction
Kate Roberts

Partner / Head of Liverpool
Richard Harris

Partner, Dispute Resolution
Richard Thomas

Head of Business Recovery
Anna Abell

Solicitor, Dispute Resolution
Leanna Guy

Solicitor, Dispute Resolution
Jordan Foulkes

Trainee Solicitor
Matilda Hawkins

Paralegal

Frequently Asked Questions

Commonly asked questions regarding banking and finance litigation services.

Legal advice should be sought as soon as a borrower defaults, disputes its obligations or indicates that it may be unable to meet future payments. Early involvement can help preserve contractual rights, ensure that notices are properly issued and prevent avoidable delays.

Speaking to a solicitor does not necessarily mean that court proceedings will begin immediately. An early assessment can identify whether negotiation, revised payment terms or formal recovery action offers the most effective route.

Yes. Some matters can be resolved through correspondence, negotiation, mediation or an agreed repayment arrangement without issuing court proceedings.

The appropriate approach will depend on the borrower’s financial position, whether the liability is disputed and the strength of the lender’s contractual protections. Any settlement or revised payment arrangement should be documented carefully to preserve the lender’s rights.

A personal guarantee may provide an additional route of recovery where the borrowing company cannot meet its obligations. Whether it can be enforced will depend on its wording, execution and the circumstances in which the underlying liability arose.

The guarantor may raise challenges concerning the scope or validity of the guarantee, so the document and relevant correspondence should be reviewed before a formal demand or claim is made.

A debt claim seeks a court judgment confirming that money is owed. Once judgment has been obtained, the lender can consider the available enforcement methods against the debtor’s assets.

Enforcing security involves relying on rights over a particular asset or category of assets, such as property or company assets. The available process will depend on the type of security, its terms and whether it was properly created and registered.

The available options will depend on whether the borrower is an individual or a company, whether formal insolvency proceedings have already begun and what security the lender holds.

A secured lender may have different rights from an unsecured creditor. Early advice can help determine whether to enforce security, negotiate with the borrower, participate in the insolvency process or consider another recovery route.

What our Clients Say

See what our customers have to say about their experience

Review Solicitors Stars
5/5 350+Reviews
Sienna
21/10/2023
This practice is unique in the way in which the lawyers operate. They are partner-led and all levels of fee earner looks after your matter. The partners are always engaged and accessible. This creates flexibility and speed without losing the key ingredient of experience.
Charlotte
05/10/2023
The team at DTM Legal provides realistic advice on prospects, and their availability is commendable. They truly understand their clients’ needs.
Anonymous
01/10/2023
Kate Roberts is outstanding. She is razor sharp in all of her fields of expertise and is a brilliant strategist. She is very commercial in her approach to legal disputes and is extremely responsive.

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