Nathan Banks 2003

Nathan practises in all aspects of chancery and commercial law with specific emphasis on banking and finance (including consumer credit), commercial litigation and insolvency (both personal and corporate), acting from clients ranging from individuals to local authorities and multi-national companies. He also practices in a variety of traditional chancery areas including landlord and tenant, real property (both commercial and private), housing, highway disputes, nuisance, professional negligence, contentious and non-contentious trust matters and cohabitation / co-ownership disputes.

Nathan has appeared as a sole advocate in a broad range of tribunals including the Court of Appeal, the High Court, Technology and Construction Court, Magistrates Court, Crown Court and VAT and Property tribunals both on and off circuit. Further, Nathan is conscious of providing quick yet thorough paperwork including advices, pleadings, applications and non-contentious drafting such as contracts, trusts, wills and deeds of variation.

During his spare time Nathan enjoys films, reading and a variety of sports including swimming, running, shooting, golf and jui-jitsu.

Banking and finance

Work undertaken in this area includes:

  • Advising and acting in relation to the alleged mis-selling of insurance policies, derivatives and other investment products.
  • Advising in relation to the enforceability or otherwise of regulated and unregulated consumer credit agreements.
  • Advising individuals and credit brokers in relation to their potential claims relating to failure to disclose commission payments following Hurstanger v Wilson [2007]
  • Advising on compliance with Consumer Credit legislation and drafting Consumer Credit Act compliant documents.
  • Advising and acting in relation to various breaches of the Financial Conduct Authority Handbook.
  • Advising on the contents and procedures relevant to notices required under the Consumer Credit Act 1974
  • Advising and acting in relation to allegations of unfair relationship and extortionate credit bargains under the Consumer Credit Act 1974

Significant Cases

McWilliam v Norton Finance [2015] EWCA Civ 186: Nathan ran various arguments in this claim concerning (amongst other things) the fiduciary nature of the relationship between a financial services company and a client where the transaction proceeded on an unadvised basis. Whilst these arguments were unsuccessful at trial they were successful on appeal.

Plevin v Paragon Personal Finance Ltd [2013] EWCA Civ 1658: Nathan was involved in the early stages of this case in re-drafting the pleading. The arguments raised within the particulars of claim were ultimately successful, the decision of the Court of Appeal (and the previous Court of Appeal authority of Harrison v Black Horse) effectively being overturned

Barnes v Black Horse Limited [2011] 2 All ER (Comm) 1130: a leading High Court authority on the effect and application of the transitional provisions in Schedule 3 to the Consumer Credit Act 2006 relating to unfair relationships and extortionate credit bargains

Specialist areas

  • Banking
  • Business Rates
  • Commercial Litigation
  • Direct_Public Access
  • Housing
  • Insolvency
  • Insurance
  • Landlord and Tenant
  • Probate
  • Professional Negligence
  • Property
  • Sports Law
  • Trusts and Settlements

Qualifications
BVC Nottingham Law School LLB(Hons) University of Birmingham

Advanced certificate in International Arbitration
Chartered Institute of Arbitrators

Professional Memberships
Northern Chancery Bar Association
Chancery Bar Association
Northern Circuit Commercial
Bar Association

Awards
Kennedy Scholar (Lincolns Inn)

Recent Refresher Courses
Public Access