I am head of the firm’s Banking & Finance team, regularly advising banks and other financial institutions on security and enforcement issues arising out of facility and / or security documentation. These 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.
I seek to develop long-lasting and productive relationships with clients and become their trusted advisor by acquiring a detailed knowledge of their businesses and the issues they face. This enables me to provide commercial, pragmatic, relevant and timely advice. Clients appreciate my ability to actively listen to what they want and how they would like to achieve it.
I am calm under pressure and refuse to take “no” for an answer.
My 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, I have advised banks subject to numerous high-value claims for the alleged mis-selling of various financial products, including structured collars, swaps, simple collars and cap products
- 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
Bank & financial institution highlights:
- acting for a UK based ABL provider in a leading case which positively determined that a short-form warranty given by an individual to an invoice discounter was analogous to a performance bond and that a certificate of indebtedness was not contrary to public policy and bound the surety as to liability and quantum
- acting on a contractual dispute, on behalf of a privately-owned investment firm, concerning an alleged off-market bi-lateral agreement for the sale and purchase of a significant number of dematerialised shares in a company immediately before the shares were suspended from trading
- acting for a leading bank and acting as sole in-house legal resource for its entire Asset Recoveries team. This included advising on title disputes, innocent purchaser claims, conversion claims, satisfactory quality disputes, liens, consumer credit issues, and guarantee claims. In addition, I was responsible for dealing with all recoveries from the bank’s Marine and Aviation teams
- acting for a finance provider to assist in the recovery of monies owed and secured by both commercial and residential legal charges, including the appointment of Law of Property Act receivers
SME, director & shareholder highlights:
- helping a fraud victim make a successful Norwich Pharmacal order application in relation to a wine fraud suspected to be in excess of $30 million
- advising various directors and shareholders in connection with claims both against them and against others for, amongst other things, monies owed and / or restitution
- advising various businesses on claims against them by current or former clients for, amongst other things, alleged misselling of products and / or deficiencies in the service provided
Private client highlights:
- successfully acting for an individual who was subject to a significant and protracted fraud by a “confidence trickster” who sought to extort monies from them following an alleged kidnap arising from a diamond trade in Africa
- successfully defending a high net worth client against allegations of misconduct made about him and his business in connection with his/its role as the loan administrator of various government-backed loans
Insolvency practitioner highlights:
- acting for a high profile insolvency practitioner, acting in her capacity as Trustee in Bankruptcy, to assist on a number of contentious matters, including examinations under s.366 Insolvency Act 1986 (against both the bankrupt and relevant third parties) and advising on cases involving the proceeds of crime and drug trafficking
- advising numerous insolvency practitioners on claims against directors / officers of insolvent businesses, including claims for wrongful trading, transactions at undervalue, preference and misfeasance
- acting for an insolvency practitioner to recover c£20m of money that had been improperly taken by the directors of a business immediately prior to his appointment, which included various tracing claims and enforcement and recovery across various overseas jurisdictions
Prior to joining Francis Wilks & Jones, I was Joint Head of Asset Based Lending at Matthew Arnold & Baldwin and had previously worked in the Banking & Finance litigation team of Hammonds / Squire Patton Boggs for 10 years.
I have undertaken a number of secondments with receivables financiers and previously spent nine months with Barclays Bank Plc working within their Asset and Sales Finance division. As a result, I have a clear insight into the day-to-day operation of companies within the ABL/receivables financing industry and understand the demands and challenges faced by its members.
I have worked with Andrew and his team for many years. Andrew is extremely professional and diligent at all times. His legal and technical ability is beyond doubt. However, it is his calm, clear and authoritative way in which he deals with issues that I appreciate the most. The commercial and practical guidance that he brings to any situation separates him from his peers. Rather than sit back and wait for instructions like his competitors, Andrew is always on the front foot driving the matter forward. The many positive outcomes that we have achieved together over the years have resulted from our close and professional relationship, which is borne out of absolute trust (both with me and my team). Andrew is always available to speak if I have an urgent enquiry – or even if I just wish to run something by him. It is that devotion to developing and maintaining relationships that sets him apart. Andrew and his team would always be the legal professionals that I would turn to in complex cases or where it could potentially be contentious. Potentially the greatest compliment I could give is that it feels like Andrew and FWJ are just an extension to my own team.Stephen Searle, Associate Director, Advantedge Commercial Finance
I have instructed Andrew Bowden-Brown and his team at FWJ for 5 years. Andrew is a pragmatic and business focused lawyer who quickly understands the commercial realities of each matter and the business implications beyond the specific legal issues. Andrew is particularly expert at offering a sensible pathway and solution to issues. He also ensures that everyone involved on his team and the client’s team understand how to manage the procedural elements of matters effectively and efficiently. As a client of 5 years I find that Andrew’s affable and straightforward manner, his technical expertise, and an outstanding approach to both client service and good communication is what makes him our first choice for our legal needsElio Astone, Flexible Funding Limited
Dealing with Andrew is always excellent. He is totally professional, experienced and the quality of his work is exceptional. He is practical in his approach and is always available to his clients. He is able to reduce complex matters down to sensible, manageable elements and provides clear and concise advise. Andrew is a truly trusted advisor and I would have no hesitation recommending his services.Louise Brittain, Partner at Wilkins Kennedy
Andrew is an all-round performer: he’s technically excellent, he has developed strong and trusted relationships with my team, he is commercial and is always sensitive to costs as well as being proactive and pragmatic in his advice. Andrew has a detailed and thorough understanding of the ABL and receivables finance industry and is able to deal with any issues that arise. I would not hesitate to recommend Andrew and his team.Clive Gould, Risk Director, Aldermore Invoice Finance
Andrew holds a contemporary understanding of the IF and ABL market alongside a deep understanding of our own business and objectives – as a result Andrew is able to offer a range of services advocating on the basis of understanding our business and our strategic goals and not just on the basis of the law. Considered, articulate and an excellent communicator in all scenarios, and confident and assured in making decisions/ recommendations. Always accessible and personally leads all instructions. High standards of ethics and integrity which are paramount to us when selecting external partners. Impeccable track record proven over a sustained period.George May, Commercial Director – Asset Based Lending at Close Brothers Invoice Finance