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Richard Ellison

Partner
Richard Ellison

I'm a partner in the Finance Insolvency Recoveries and Sales Team (FIRST) of dispute resolution. I specialise in all aspects of finance litigation and recoveries work, but act in particular for mortgage lenders and in general banking disputes.

Tel: +44 (0)121 685 2808
Email: richard_ellison@wragge.com

Services: Dispute Resolution, Finance
Business sectors: Financial Services

Best brains in...

Advising upon the enforceability of mortgage terms and conditions;
Dealing with claims against lenders arising from the Consumer Credit Act;
Ensuring a smooth running and proactive volume mortgage repossessions service.

Highlight of career so far

I was the lead partner in a team here acting for a mortgage lender in reported Court of Appeal cases (Paragon Finance plc –v- Nash & Staunton and Paragon Finance plc –v- Pender) which determined, among other issues:

That a mortgage lender is entitled to set its own interest rates irrespective of movements in the Bank of England Base Rate, so long as those decisions are not taken capriciously, arbitrarily, or in a way in which no reasonable lender would act; and

That amongst the factors the lender could take into account in reaching such decisions, were its own business needs.

These decisions are very relevant and helpful to lenders during any economic downturn.

Most challenging job ever done?

Being Team Leader of FIRST from the time we started with a team in single figures to what is now over 70 people.

Also the most rewarding job I have ever done!

What about outside the UK?

Helping HSBC to set up its Commercial Recoveries Team in Kolkata, India.

What's your definition of going the extra mile?

One of the team's most significant client wins, involved taking over a caseload being run by its previous law firm. I was the lead partner in a team that spent the best part of a week at the client's offices, working through vanloads of boxes of files as they arrived from the previous supplier, logging in all the case information and ensuring that we complied with every deadline. The project was completed successfully – and without missing a single key date – and the lender remains a key firm client today.

I should add that the client is based in the South East and so, at the time, we ended up on first name terms with most of the staff at the local Travel Lodge!

When have you ever given a client a competitive edge?

I spend a great deal of time out with these clients, making sure that we are up to date with what is happening in these businesses, and then disseminating that information across the relevant client service teams. The contribution to this work made by individual client service managers is invaluable.

What has been written or said about you that you're most proud of?

I was once described on a website set up for borrowers to pool resources to challenge mortgage lenders, as the 'Banks' Godfather'! Hopefully, from time to time, I can make borrowers an offer they cannot refuse!

Alerts

21.07.10

Banking update: report and review on recent cases and issues

The meaning of charge for credit, enforcing charging orders, abuse of process considerations, tracing claims and the Financial Service Authority's responsible lending consultation; Wragge & Co's Banking and Finance experts bring you the latest on the cases and issues affecting the lending industry.

24.06.10

Banking update: report and review on recent cases and issues

Wragge & Co's Banking and Finance experts bring you the latest on the cases and issues affecting the lending industry.

19.05.10

Banking update: report and review on recent cases and issues

What constitutes actual occupation, no claim against Court Services for failure to register bankruptcy petition, getting the name of the parties correct and clear reasoning required for court's decision.

22.04.10

Banking update: report and review on recent cases and issues

An order for sale and Convention considerations, undue influence, implied withdrawal of a Part 36 offer and reasonableness of after the event insurance premiums.

24.03.10

Banking update: report and review on recent cases and issues

A defendant making a "claimant" part 36 offer, considerations of an unfair relationship, payment starts time running again and good reason required for failure to attend trial.

26.02.10

Banking update: report and review on recent cases and issues

Obtaining information despite stay of enforcement, the need to act in good faith, recoverability of costs in small claims, penalty for destroying documents and a consultation on orders for sale for Consumer Credit Act debts.

20.01.10

Banking update: report and review on recent cases and issues

A review of civil litigation costs, the need to make enquiries of occupiers, restitution, bankruptcy over security and a consultation on mortgagee's power of sale.

24.11.09

Banking update: report and review on recent cases and issues

Wragge & Co's Banking and Finance experts bring you the latest on the cases and issues affecting the lending industry.

21.10.09

Banking update: report and review on recent cases and issue

Unfair relationships due to secret commission, costs penalties for failing to disclose relevant documents, claiming damages from the Court Service and contempt of court, the latest on the cases and issues affecting the lending industry.

22.07.09

Banking update: report and review on recent cases and issues

The meaning of "realisation" under the Insolvency Act, warranty of identity of client, costly late withdrawal from mediation and the underlying requirement for the "without prejudice" rule to apply.

24.06.09

Banking update: report and review on recent cases and issues

Guarantees and variations, unjust statutory demand and civil restraint orders, Wragge & Co's Banking and Finance experts bring you the latest on the cases and issues affecting the lending industry.

21.05.09

Banking update: report and review on recent cases and issues

Valid debentures despite forged signature and invalid board resolutions, costs entitlement following an acceptance of a Part 36 offer and the pre-action protocol seven months on.

27.04.09

Banking update: report and review on recent cases and issues

Unenforceable terms in existing consumer contracts, guarantee or indemnity, stay upheld in bank charges case and assignment of judgment debts.

23.02.09

Banking update: report and review on recent cases and issues

Charging orders and intervening bankruptcy, enforcement of undertakings, disclosure under the Proceeds of Crime Act, Wragge & Co's banking and finance experts bring you the latest on the cases and issues affecting the lending industry.

21.01.09

Banking update: report and review on recent cases and issues

Wragge & Co's banking and finance experts bring you the latest on the cases and issues affecting the lending industry.

14.08.08

The lender's duty to obtain a proper price on a sale

In the current economic climate, it is not surprising that an increasing number of lenders are enforcing their security by exercising their power of sale either directly or by appointing a receiver.

23.06.08

Mortgage fraud and a chargee's power of sale

The recent case of Barclays Bank plc v Guy is an important Court of Appeal decision that includes important commentary on the provisions of the Land Registration Act 2002. Wragge & Co's legal experts analyse the decision and provde useful action points.

25.10.07

Banking Bulletin

The defendants, as shareholders, guaranteed the liabilities of their company under a supply contract with the claimant.

21.05.07

04.01.06

Banking Bulletin - January 2006

The bank's loan was secured on the defendant's property. A second loan from the bank, part of which was used to discharge the first loan, was later secured on the property.

07.10.01

Avoiding Undue Influence

The House of Lords handed down its judgment in the eight conjoined appeals making up the Royal Bank of Scotland v Etridge (No.2) [2001] UKHL 44 on 11 October 2001.

 

Press releases

01.09.08

Wragge & Co litigators secure victory for Prominvestbank over refund guarantee

Wragge & Co LLP Finance Litigation team has secured a hard-fought victory for new client Ukrainian-based Prominvestbank in the Sea Emerald SA v Prominvestbank case.

 

Published articles

There are currently no published articles for Richard Ellison.

 

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