- Called: 2015
Roger Laville is a member of the Commercial and Property Teams at Five Paper undertaking commercial and real estate litigation, with an emphasis on disputes relating to finance, insolvency and security over land and goods. In addition to his longstanding finance practice, Roger also specialises in matters of company law, and has acted in several shareholder disputes.
Examples of recent matters in which Roger has advised or appeared include:
- Advising and acting for an international bank in pursuing a multi-million Euro guarantee claim with cross-border elements;
- Obtaining a High Court injunction to freeze a sum of several hundred thousand pounds in a company’s bank account to prevent a director from breaching his fiduciary duties by misappropriating it;
- Successfully resolving a dispute about the appropriate method of enforcing a multi-million-pound judgment over a correspondent bank’s account with a UK clearing bank;
- A successful two-day multi-track trial of a claim involving allegations of fraud and forgery;
- Advising a private bank about the applicability of consumer credit legislation to a loan worth over a million pounds;
- Actions to set aside transactions defrauding creditors;
- An application to determine the appropriate law and jurisdiction for a cross-border breach of trust claim;
- Setting aside an injunction preventing a creditor from pursuing a winding up petition;
- Guarantee claims and other claims to enforce debt obligations;
- Orders for sale, both for judgment creditors and trustees in bankruptcy.
Before joining Five Paper, Roger was a solicitor and a partner in a firm well known for finance litigation. He has acted for lenders including the major clearing banks, wealth, local and specialist lenders. He has been on secondment to Barclays Bank and The Royal Bank of Scotland group.
Having handled matters ranging from small but complex disputes up to multi-million pound claims, Roger understands how to manage the commercial and reputational imperatives which accompany the litigation process. He has also frequently worked on cases with multiple parties or a cross-border element.
Roger’s reported cases as a solicitor include:
- John Morris v Royal Bank of Scotland plc (3 July 2015, Norris J). The assignment of an alleged £11 million claim against the Bank from the Bank’s customer to the customer’s director was void because of a clause prohibiting assignment in the Bank’s fixed and floating charge debenture.
- Obadare v Barton Bridging Capital Ltd  EWCA Civ 1096. The Court of Appeal held that an action was not “pending” in the short period between being struck out and an appeal being issued, and therefore could not be protected on the Land Register as a pending land action.
- Gatt v Barclays Bank Plc  EWHC 2, the first reported decision about a bank’s obligations in contract, negligence and defamation when providing customer information to credit reference agencies.
- SerVaas Incorporated v Rafidain Bank  All ER (D) 201. Acting for a US corporation against the Republic of Iraq in a claim to enforce a judgment debt of around US$40M which arose before the first gulf war, involving issues of insolvency, the Iraq sanctions regime and the State Immunity Act 1978.
Banking and Finance
Roger has for many years dealt with a wide variety of personal, business and corporate banking disputes including:
- Debt claims
- Breach of mandate
- Security disputes
- Credit reference claims
- Investment mis-selling
- Regulatory investigations
- Professional negligence claims
Insolvency and Companies
His insolvency and company law experience includes:
- Administrations, receivership (including under the Law of Property Act 1925), liquidations and bankruptcy
- Fiduciary duties
- Antecedent transactions
- Share capital
- Unfair prejudice petitions
- Disputed proofs of debt
- Company charges (including late registration applications)
- Restoration to the register of companies
- Rectification and removing documents from the register
- The priority of interests in land, in particular involving bank security.
- Equitable interests in the family home
- Mortgage fraud
- Conveyancing fraud
- Rectification of the land register
- Breaches of leasehold and mortgage covenants
- Assured shorthold tenancies
- Enforcement of money judgments over land
- Orders for sale
- Possession claims
- Law of Property Act receivers (including injunctions to prevent sales by receivers)
- Professional negligence claims against valuers and solicitors
Roger has acted as a solicitor in freezing injunction applications, both for applicants and respondents. He also has experience of search orders, including as a supervising solicitor.
Proceeds of Crime and Money Laundering
When a solicitor, Roger advised and represented both banks and insolvency practitioners in relation to disputes arising from customer accounts and insolvent estates containing the proceeds of crime or subject to restraint or confiscation orders.
“Bankers take note: how the tracing remedy has become more complex”, Butterworths Journal of International Banking and Financial Law, December 2015.
“Freezing Orders and the Corporate Veil”, Butterworths Journal of International Banking and Financial Law, October 2013.
“Treading on Eggshells: Mental Incapacity Issues in Bankruptcy”, Recovery Magazine, December 2012.
“Open Justice at the FOS”, Butterworths Journal of International Banking and Financial Law October 2012.
“Unlawful Loans to Company Directors and Constructive Trusts”, Butterworths Journal of International Banking and Financial Law March 2012.
“The Bonfire of the Charities – Winding up Unregistered Entities”, Insolvency Intelligence March 2011. Written with Derek Francis of Terra Firma Chambers.
“Insolvency and International Criminal Asset Recovery”, Butterworths Journal of International Banking and Financial Law February 2011.
“Lindsay v O’Loughnane: outflanking the insolvency process”, Butterworths Journal of International Banking and Financial Law January 2011.
“Cross-Border Transaction Avoidance: Rubin v Eurofinance SA”, Insolvency Intelligence November 2010. Written with Sharif Shivji of 4 Stone Buildings.
Roger is a member of the Chancery Bar Association, the Commercial Bar Association, the Property Bar Association and the Insolvency Lawyers’ Association.