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
for use in pursuing the client's case.
Examples of our banking 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.
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
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.
