Expertise

Lynsey is a commercial litigator specialising in banking, insolvency, commercial and property litigation. She appears in Court regularly and has experience representing clients in both Sheriff Court and Court of Session actions. Lynsey also has experience settling disputes at mediation and advising on Financial Ombudsman Service complaints. Lynsey is a Solicitor Advocate and regularly appears personally in the Court of Session on behalf of her clients.

Lynsey provides specialist recoveries, property, and insolvency advice to banks, insolvency practitioners, and a number of loan funds. She has a direct insight into Dispute Resolution from a client’s perspective having spent time on secondment to the Clydesdale Bank.

• Representing a US loan fund at a 4 day Proof in the Court of Session to recover sums due in an action being defended on the basis of a breach of contract and alleged misrepresentations by the former lender to the borrowers. A substantial settlement was achieved for the client following the second day of Proof.
• Acting for a US loan fund, Clipper Holdings (Deutsche Bank and CarVal Investors) in Shear v Clipper Holding II S.A.R.L. This was a market-leading decision which successfully defended a challenge against the format used to assign a Standard Security in Scotland. The decision was of fundamental importance to numerous loan funds that had purchased millions of pounds worth of secured loans using the same style. The decision was reported in the Mortgage Finance Gazette and the Journal of the Law Society of Scotland.
• Successfully represented RBS at mediation to recover a significant sum of damages following professional negligence by a surveyor.
• Acting as lead partner in the reported decision of Promontoria (RAM) Ltd (a Cerberus group company) v Moore (2017) CSOH 88.
• Represented Clydesdale Bank Plc in two related Court of Session actions. The first was an action for payment arising out of a Corporate Guarantee and seeking payment of a substantial figure in excess of £12m. The second was a related action for reduction of a disposition granted by the Guarantor in favour of a related company.
• Recovering in excess of £1.5m for National Australia Bank following a long-running litigation and subsequent insolvency instigated by the fraudulent misappropriation of funds by a Company Director from the Bank's accounts.
• Leading a 4 day Proof in the Court of Session in August 2018 – acting for a lender in a challenge over the operation of feeder accounts to constitute cross defaults on accounts in certain circumstances. This decision has particular significance as it is a practice widely used by Banks and lenders throughout the market
• Successfully represented a client against Senior Counsel in a Sheriff Court Debate in the context of a professional negligence action
• Acting on behalf of a former company director following an SPA to successfully defend a claim for payment in excess of £1m following an alleged breach of an SPA, including claims of fraud and misrepresentation by the purchaser.
• Currently acting for RBS in an action by borrowers seeking to reduce 2 substantial Personal Guarantees following allegations of misrepresentation and fraudulent valuations by the GRG teams within the Bank leading to the insolvency of the principal corporate customer.
• Acting on behalf of Administrators to reduce an SPA and to successfully challenge a number of gratuitous alienations prior to their appointment, including obtaining various urgent interim interdicts on behalf of the clients.