Loan & Security Enforcement

Borrower default is an increasingly common feature of commercial lending. When it occurs, or is anticipated, it is vital to undertake a thorough review of the enforcement and recovery options available to the lender under the related loan documentation. Understanding these options is paramount to realising the lender’s security and enforcing its wider remedies against borrowers and third parties.

You can depend on our experienced dispute resolution team to take a highly robust and partner involved approach when dealing with security enforcement.

We have considerable experience, both domestic and international, in advising on enforcement matters across many asset classes ranging from ships and aircraft to oilfields and fine art. This experience is complemented by a broad experience of advising on the enforcement of underlying financial arrangements such as those relating to finance leases, receivables financing, trade financing, export financing and commodity financing.

As many projects have multi-tiered finance, presenting the various creditors with differing and potentially conflicting security and default protection options, our experience of inter-creditor issues arising as a result enables us to guide our clients towards the most effective commercial outcomes. With significant experience gained in more than one credit crisis, our security enforcement team draws on practical experience gained from domestic and international institutional insolvencies to guide clients to pragmatic solutions.

In addition to asset based security, corporate and personal guarantees can be a crucial element of the loan support package.  We have particular experience in disputes relating to the enforcement of guarantees both in England and abroad (including financial institution unilateral undertakings).

We are delighted to work closely with you to develop your default monitoring and recovery procedures, including supporting your in-house training and helping to implement the most appropriate workout strategies.  Where necessary, we draw on tried and tested relationships with other enforcement professionals, such as valuers, receivers, insolvency practitioners and lawyers in other jurisdictions to ensure that the whole exercise is managed smoothly and with maximum efficiency and return.

Representative  Loan & Security Enforcement Work

Examples of our team’s loan & security enforcement experience include:

  • Advised an Eastern European bank on the defence of a claim taken by the subsidiary of its clearing bank (acting on behalf of noteholders) under an alleged corporate guarantee.
  • Advised several secured lenders and receivers in more than 700 commercial/buy-to-let/residential investment portfolio enforcement cases.
  • Advised several lenders in recovering possession of commercial buy-to-let, and owner residence properties.
  • Advised several lenders in connection with numerous multi-million pound settlements and court damages awards obtained against negligent property valuers.
  • Advised several lenders on remediation of defective security and monitoring performance of panel solicitors.

Key contacts:

Photo of Clare Toomer

Clare Toomer

Partner Dispute Resolution
Work 37-41 Bedford Row London WC1R 4JH United Kingdom Tel: +44 (0) 20 7611 4872

Biography

Clare’s expertise spans a broad range of commercial litigation but with a focus on IP and large commodity and corporate disputes with issues that have traversed several jurisdictions.

She has led on a number of high value multi-faceted disputes involving commodities, fraud, corruption/conspiracy, breach of contract, fraudulent mis-representation, lending, mis-selling, HPAs, intellectual property rights, professional negligence and company/director/shareholder/JV issues for clients based both in the UK and overseas ranging from SMEs to ultra-high net worth individuals, international banks and other global institutions.

As well as matters brought in all divisions of the High Court and Commercial Court, Clare has experience of cases which have gone to the Court of Appeal and Supreme Court. She also has experience of international arbitration particularly of those conducted in the International Chamber of Commerce and International Dispute Resolution Centre and extensively of mediation where she has led many successful settlement negotiations.

Clare is also regularly instructed on global enforcement matters involving obtaining worldwide freezing orders and overseeing recovery proceedings in a variety of foreign jurisdictions including the BVI, Turks and Caicos and Cayman Islands.

Clare’s IP practice focuses predominantly on the protection of the rights of Teacher Stern’s restaurant, retail and tech clients in relation to which she has successfully staved off many potentially infringing competitors.

Clare is listed as a recommended lawyer in the Legal 500 2021 rankings.

Representative Experience

Clare has:

  • Recently successfully defended a business and associated professionals in a complex high court action which spanned 2.5 years and included trial set down for 20 days concerning allegations of fraud and conspiracy regarding the acquisition of a national security and surveillance company.
  • Acted in an ultra-high value conspiracy dispute between Russian oligarchs.
  • Represented a distributor in a $50M corruption case in the Commercial Court involving the distribution of oil additives to Iraq.
  • Advised borrowers and guarantors in relation to facilities of $500M entered into with a collapsed Icelandic Bank.
  • Represented a Canadian metals billionaire and philanthropist in an international arbitration concerning a million US$ charter agreement.
  • Acted in a dispute relating to a multimillion pound property fraud including obtaining world-wide freezing injunctions and enforcement action.
  • Advised in connection with a $60M breach of contract dispute involving a celebrity chef.
  • Advised on a breach of contract/mis-representation claim concerning a multi-million dollar film contract.
  • Represented a European water supply company and various UK restaurant chains in connection with the protection of their IP rights

Career History

Partner, Teacher Stern

Solicitor, Teacher Stern

Trainee Solicitor, Teacher Stern

Testimonials 

“Clare Toomer is very accessible, responsive and sensitive to a wide range of client needs.’

“The reason we work with Teacher Stern. Robust in her dealings with the other side and tells you exactly what is and is not possible, and why.”
Legal 500 testimonials 

“Clare is a first-rate litigator. She has excellent legal skills and a demonstrated ability to manage every type of case from large commercial claims to smaller disputes requiring a more personal touch. Clare combines a friendly and approachable manner with a tough and determined approach to getting the best result for her clients.” Max Mallin QC, Wilberforce Chambers 

“Clare Toomer is a star in the making at Teacher Stern LLP; combining a sharp intellect with great judgement, she knows which points to take and which not. A pleasure to work with and in any litigation you would want her on your side.” Peter Featherman of Ed’s Easy Diner.

Connections Business Directory | Leaflet | Wikimedia

37-41 Bedford Row London WC1R 4JH United Kingdom