Shoosmiths LLP

Banking & finance , Dispute resolution & litigation

Andrew is a Partner specialising in banking and finance litigation, asset based lending and alternative finance lending, cryptocurrency asset recovery and commercial litigation.

Andrew regularly advises banks and other financial institutions on security and enforcement issues arising out of facility and / or security documentation. These issues range from complex multi-jurisdictional fraud claims to simple debt recovery matters, loss mitigation, contentious and non-contentious insolvency and asset recovery and tracing claims.

In addition, Andrew has extensive experience of dealing with complex commercial and crypto asset recovery litigation. He works alongside leading asset recovery experts to ensure quick, commercial and pragmatic steps are taken to assist victims recover their misappropriated assets. Andrew is a member of the Shoosmiths' crypto working group.

Andrew's expertise includes:

• • advising on actions against clients and former clients of asset based lenders, banks and other financial institutions, including guarantors, warrantors and indemnifiers

• • advising banks and other financial institutions on claims against them by current or former clients and any consequent reports to their respective regulatory bodies. In particular, Andrew has advised banks subject to numerous high-value claims for the alleged mis-selling of various financial products, including invoice finance, asset based lending, secured and unsecured finance, structured collars, swaps, simple collars and cap products

• • advising numerous individuals and institutions on civil and criminal recovery options following theft of their crypto / virtual / NFT assets

• • working alongside insolvency practitioners advising on fraud investigations, administrations, liquidations and provisional liquidations, actions against bankrupts, directors and third parties and obtaining relief under the Insolvency Act, such as wrongful trading, transactions at undervalue, preference and misfeasance

• • advising on bespoke facility and security documentation in connection with prospective clients (including assisting credit committees), reviewing and amending intercreditor documents, undertaking security reviews and re-negotiating / taking new security during the course of a facility and assisting the business to create and maintain an “exit plan” for distressed or defaulting businesses

• • advising on professional negligence claims against solicitors, accountants and other professional advisers