Neil Levy


Year of Call 1986



General Profile


Neil specialises in banking litigation and advising on financial transactions. He has particular experience of domestic banking transactions having worked as part of the Lloyds Bank in-house legal team from 1987-1992. His field of expertise also covers professional negligence in financial transactions, insolvency and commercial disputes. Neil has been a contributor to Paget's Law of Banking, Penn & Shea's Law of Domestic Banking, and he is the editor of Bank Notes (www.banknotesuk.com) a website of banking related cases.

 

Banking and finance


Neil's work covers the whole range of banking and financial services including:

 

  • Mortgages, charges and debentures
  • Receivership and administration
  • Guarantees and indemnities
  • Cheques and bills of exchange
  • Letters of credit and performance bonds
  • Hire-purchase & asset finance
  • Recovery of misdirected payments
  • Breach of mandate
  • Negligent investment advice and product mis-selling
  • PFI, PPP and project finance


Commercial


Neil undertakes litigation and advisory work in a wide range of commercial litigation including:

 

  • General contract disputes
  • Sale of Goods
  • Credit sales and asset finance
  • Shareholder agreements and warranty claims


Insolvency


Neil's banking work often involves issues in the insolvency context. He has particular expertise in relation to LPA receiverships and company administration.


Professional liability


Litigation and advisory work is undertaken by Neil in the following areas of professional liability:

 

  • Claims involving solicitor or valuer negligence in connection with mortgage lending and defective securities
  • Claims of poor investment advice by product providers and intermediaries
  • Claims relating to mis-selling of financial products.


Notable Cases


Davey v Money; Dunbar v Davey [2018] EWHC 766 (Ch): claims against administrators and the bank which appointed them for alleged breaches of statutory and fiduciary duties in their approach to the realisation of a development property in Docklands.


Wall v Royal Bank of Scotland plc [2017] 4 WLR 2; [2016] EWHC 2460 (Comm): Security for costs; disclosure of identity of third party funder; CPR 25.14; European Convention on Human rights, art 8.


Tidal Energy Ltd v Bank of Scotland [2014] EWCA Civ 1107; [2014] 2 All ER 15: Bank not liable to customer in respect of CHAPS payment where recipient sort code and account number (but not the account name) matched those given in the customer’s payment instruction.


TFL Management Services Ltd v Lloyds Bank Plc [2014] 1 WLR 2006; [2013] EWCA Civ 1415: The judge below had been wrong to grant summary judgment dismissing the claimant’s claim that the bank was liable in restitution to compensate a company for legal costs which the company had incurred in seeking to recover monies from a third party which were ultimately held to be book debts charged to the bank.


TFL Management Services Ltd v Lloyds TSB Bank Plc [2013] EWHC 772 (Ch): A bank was not liable in restitution to compensate a company for legal costs which the company had incurred in seeking to recover monies from a third party which were ultimately held to be book debts charged to the bank.


Blemain Finance v Cugley [2013] EWCA Civ 1630: Permission to appeal.


Blemain Finance v Cugley [2014] BPIR 20; 3/6/2013: Validity of mortgage; effect of s 284 Insolvency Act 1986 and ss 58 & 85 Land Registration Act 2002; second defendant’s claim to an overriding interest binding on the claimant dismissed.


Evans v Finance U Ltd [2013] BPIR 1001, [2013] EWCA Civ 869: Enforcement of CCA regulated liability and bill of sale following debtor’s bankruptcy.


Evans v Finance U Ltd [2012] EWCA Civ 1889: Permission to appeal.


Lancashire Mortgage Corporation v Jones [2011] EWCA Civ 309: Permission to appeal; undue influence defence; Etridge guidelines.


BSS Group plc v Makers (UK) Ltd [2011] EWCA Civ 809: Fitness for purpose of equipment sold by a specialist seller of plumbing equipment; breach of implied term in section 14(3) Sale of Goods Act 1979.


Neath Port Talbot County Borough Council v Currie & Brown Project Management Ltd [2008] EWHC 1508 (TCC): Professional negligence claim arising out of PFI waste project; whether proceedings should be transferred to London and heard by High Court Judge.


Bank of Scotland v Neath Port Talbot County Borough Council [2006] 2276 EWHC (Ch); [2008] BCC 376: Application by local authority to sell assets pending trial of a claim by the funder of a failed PFI project to remove and sell the assets notwithstanding a PFI vesting clause on contractor default.

 

National Westminster Bank v Waite [2006] EWHC 1287 (QB): Enforcement of guarantee, allegation of undue influence by bank.


Finance U Ltd v Gabriel [2006] GCCR 5801: Whether credit agreement a multiple agreement within s 18 Consumer Credit Act 1974 and unenforceable as not properly documented.


Triodos Bank NV Dobbs [2006] C P Rep 1: Whether appeal should be stayed pending proceedings in European Court of Human Rights; whether judges to recuse themselves on grounds of bias


Triodos Bank NV v Dobbs [2005] 2 Lloyd's Rep 588: Whether liability within scope of guarantee; whether estoppel by convention prevented guarantor asserting guarantee covered only a specified loan.


London North Securities Ltd v Meadows [2005] GCCR 5381, CA: Whether Consumer Credit Act regulated credit agreement enforceable; whether sums to clear existing mortgage arrears credit or charges; whether insurance premiums credit or charges.


Edwards v Lloyds TSB Bank Plc [2004] BPIR 1190: Forged signature on a mortgage deed; whether legal or equitable mortgage.


Triodos Bank NV v Dobbs [2004] EWHC (Ch) 845: Trial of guarantor’s claims against lender and receivers for misrepresentation, conspiracy, shadow directorship and breach of duty in connection with sale of failed property development.


Corbett v Halifax Building Society [2003] 1WLR 964, CA; Times 28/12/2002: Whether sale of mortgaged property tainted by fraud and to be set aside.
Broadwick Financial Services Ltd v Spencer [2002] GCCR X51, CA: Whether non-status credit agreement extortionate.


National Westminster Bank Plc v Story & Pallister [2000] GCCR 2381, CA: Bank recovery of loans and overdraft; whether regulated by Consumer Credit Act 1974.
Weatherill v Lloyds TSB Bank PLC, [2000] Lexis Citation 2260; New Law Transcript, 26/7/2000, CA: Judge hearing bank recovery claim having shareholding in bank - whether bias.


Woolwich Plc v Gomm (2000) P & CR 61; Times 21/9/1999, CA: Undue influence defence to mortgagee's claim to possession.


Jarrett v Barclays Bank Plc [1999] QB 1: Conflict of laws; Consumer Credit Act 1974, s 75; connected lender liability.


Recommendations


Chambers UK 2018


Banking & Finance - Leading Junior Band 1


"He is commercial and client-friendly in his approach. He is very well respected in the market, he is very reassuring and he is absolutely dependable."


Commercial Dispute Resolution - Leading Junior Band 1


"The quality of his analysis is top rate." "He's very good on technical financial work."


Restructuring/Insolvency – Leading Junior Band 2


"He is a specialist of exceptional quality and depth."

 


Legal 500 2017


Commercial, Banking, Insolvency & Chancery Law – Leading junior


‘He has particular experience in domestic banking transactions.’


Chambers UK 2017


Banking & Finance - Leading Junior Band 1


"He is very astute, extremely detailed, focused, pragmatic and easy to deal with." "Technically very able indeed. He makes the extremely complex seem rather more straightforward than it actually is."


Commercial Dispute Resolution - Leading Junior Band 1


"Neil is an exceptional star. His offering is certainly equivalent to that in London and he is priced more in the regional market." "A very experienced senior junior who is technically very able indeed and who makes the extremely complex seem rather more straightforward than it actually is."


Restructuring/Insolvency - Leading Junior Band 2


"He is very good and thorough, and the way he delivers advice is easy to understand."


Legal 500 2016


Commercial, Banking, Insolvency & Chancery Law – Leading Junior


'An outstanding and very knowledgeable specialist in banking litigation'.


Chambers UK 2016


Banking & Finance - Leading Junior Band 1


"An outstanding and supportive specialist in banking litigation." "He has a real gift for those incredibly complex matters that you sometimes have to go back to before you see the wood for the trees; he seems able to do that immediately which is hugely impressive and he's very good with clients."


Commercial Dispute Resolution - Leading Junior Band 1


"His ability to pick up on the minutiae and find the relevant points is frankly breathtaking." He has a real gift for those incredibly complex matters and seems able to immediately see the wood for the trees, which is hugely impressive. And he's very good with clients."


Restructuring/Insolvency - Leading Junior Band 2


"He's just a walking encyclopaedia; he's in command of his subject and has a very nice way of making very difficult subjects seem entirely straightforward."


Legal 500 2015


Commercial, Banking & Insolvency - Leading junior


'An exceptionally knowledgeable and experienced specialist in banking litigation'.


Chambers UK 2015


Banking & Finance - Leading Junior Band 1


"He is an outstanding specialist in acting for banks and he has a good grasp of the commercial realities of the banking sector. His skill level makes him a top choice for heavyweight complex banking litigation." "He's a very solid, solicitor-friendly, and cost-effective advocate who has oceans of experience."


Commercial Dispute Resolution - Leading Junior Band 1


"He's pragmatic and sensible. He provides very clear advice and is a good strategist." "He's very commercial and very helpful – a good guy to just pick up the phone to."


Restructuring/Insolvency - Leading Junior Band 2


"He provides comprehensive and clear-cut advice."


Legal 500 2014


Commercial, Banking & Insolvency - Leading junior


'A banking and finance expert'.


Chambers UK 2014


Banking & Finance


"Completely dedicated to the practice area." "A genuine specialist, who is excellent."


Commercial Dispute Resolution (Western)


"He is user-friendly, very knowledgeable and becomes part of the team. He cuts across all areas so you can instruct him on everything." "He is pragmatic and sensible, gives very clear advice and is a good strategist."


Restructuring / Insolvency


"He is very, very good and really knows his subject, and is particularly strong on insolvency related to banking."


Legal 500 2013


Commercial


"The 'excellent' Neil Levy is known for his banking disputes practice."


Chambers UK 2013


Banking & Finance


"There aren't many others you'd want to go to for complex banking and finance work at the Regional Bar," sources say. He is "exceptionally good at dealing with very difficult, serious claims," and has a fantastic "understanding of commercial considerations."


Commercial


Although particularly renowned for his specialist banking and finance practice, Neil Levy is a barrister with real nous who can turn his hand to a variety of commercial disputes. His "appreciable commercial understanding" was refined long ago in his capacity as in-house counsel for the then Lloyds Bank, and he is seen as being "an in-touch and thoroughly modern" barrister. Highly in demand, Levy is especially praised for the quality of his written advice.


Insolvency


Neil Levy, who is excellent at banking-related insolvency work. His recent instructions include acting for a claimant liquidator in a multimillion-pound claim for breach of mandate.


Legal 500 2012


Commercial


Neil Levy, who is noted for his banking disputes practice.


Chambers UK 2012


Banking & Finance


"Remains the first choice outside London for banking-related disputes." Not only is he a "technically astute" barrister, he "also understands the points that may trouble the judiciary and those that will not."


Commercial


"First-class" Neil Levy is praised by sources as "outstanding, both on his feet and in winning the Bench to his side." In addition to his broad commercial practice he has a demonstrable track record in banking litigation. He "understands exactly what a client needs and sets about achieving it precisely and effectively," interviewees add.

 

Insolvency


Neil Levy is "a great advocate" who brings considerable banking expertise to his insolvency practice. He recently represented a liquidator in a high-value claim against a clearing bank for breach of mandate.


Chambers UK 2011


Banking & Finance


Neil Levy, who specialises in banking disputes and advising on financial transactions, is "very good on the technical side," and impresses with his "great knowledge of the law and practical outlook."


Commercial
Neil Levy is widely viewed as "the best" banking lawyer in Bristol. Sources praise his "technical knowledge and practical touch." Ever in demand, he was recently instructed to advise on the financial aspects of a £100 million waste project.


Insolvency


Neil Levy, a banking and insolvency specialist, particularly praised for his receivership expertise. Sources commended his practical and commercial advice.

 

Legal 500 2010


Commercial
Neil Levy is 'technically excellent, thorough, pleasant and helpful'.


Chambers UK 2010


Banking & Finance


Neil Levy is both a banking and an insolvency practitioner, and is held up as "an approachable figure whose long experience shows in the high-quality advice he gives." Sources also commend his "strong grasp of technical detail."


Commercial
Neil Levy is particularly strong at handling technical law issues for banking clients. "A genuine expert and a natural first port of call for such work," he is "incredibly conscientious and extremely knowledgeable." Clients admire this "bright and thoroughly reliable lawyer" for the fact that he "takes a courageous and creative approach to cases."


Legal 500 2009


Commercial


Provides "very sound and commercial advice".

 

Chambers UK 2009


Banking & Finance
Traditionally the first port of call for firms in the South West and Thames Valley, Neil Levy has a practice that incorporates mortgage litigation, disputes over business lending and advisory work as to the financial aspects of local authority projects. Lauded by the market for his "succinct, precise opinions" and his "willingness to give a definite answer whenever possible", he also handles work relating to letters of credit, lease agreements and challenges to regulated transactions under the Consumer Credit Act. His dedication to the market has not gone unnoticed by his clients, who remark that, the "main reason he is rated so highly is that banking has been at the core of his practice for such a long time".


Commercial


"Second to none when it comes to banking and finance matters in the Bristol region," Neil Levy has won the respect of countless solicitors with his abilities in banking, insolvency and commercial litigation.


Insolvency
Banking and finance barrister Neil Levy's insolvency work focuses on administration and winding-up of businesses, bankruptcy and voluntary arrangements and claims by or against receivers


Career & Associations


LLB (Exon)


Eastham Scholar, Lincoln’s Inn


Employed barrister, Lloyds Bank plc (1987-1992)


Member of the Chancery Bar Association

 

 

Privacy notice


Neil collects, uses and is responsible for your personal information collected during the course of providing legal services as a barrister. He is the data controller in respect of this information for the purposes of the Data Protection Act 2018 and the General Data Protection Regulation.


The members of Enterprise Chambers have a privacy policy which sets out what information they obtain about you, why and how they use it.  This policy also sets out your rights.  Members also have a data retention policy which sets out how long they keep information for and why.


You can download copies of these policies here: (1) privacy policy (2) data retention policy .  Hard copies are available on request by contacting any branch of Enterprise Chambers.