Roger Laville

Roger Laville has extensive experience handling complex banking and finance disputes, including fraud, professional negligence, and regulatory matters. His work spans mis-selling claims, cross-border finance, unfair relationships under consumer credit law, and high-value enforcement of guarantees. He frequently acts in cases involving freezing orders, asset finance, and intercreditor disputes. Roger has represented major lenders, borrowers, insolvency practitioners, and financial professionals in both litigation and advisory roles.

Recent work includes:

• Representing a company in a claim against its former finance director over unauthorised and negligent forex derivatives, raising complex limitation and expert accounting issues.
• Acting for one of the parties in the Arena litigation, a dispute concerning the UK’s largest asset finance fraud, with alleged losses exceeding £250 million.
• Mayfair Capital Residential 2 LLP v Reim Katch Securities Ltd [2024] EWHC 1920 (Ch). Acting for a mezzanine property fund in a successful claim against a lender relating to their respective rights and obligations under an intercreditor deed and proceeds from a luxury apartment development.
• Acting in ongoing Gibraltar proceedings a claim by administrators of a tech investment fund against an individual alleged to have been a de facto or shadow director, breaching fiduciary duties and dishonestly assisting in breaches.
• Acted for creditors and debtors in multiple cases involving the Debt Respite Scheme (Breathing Space Moratoriums) Regulations 2020, particularly regarding secured debts and ongoing proceedings. Represented the successful creditor in Bluestone Mortgages Ltd v Stoute [2024] 3 WLUK 138, the leading authority on the Regulations’ impact on mortgage debts.
• Represented an individual in a claim under a Consumer Credit Act 1974 regulated agreement for a supercar purchase, and in multiple related disputes concerning the CCA’s application and allegations of unfair relationships under section 140A.
• Taga v Waterfold Asset Management Ltd [2021] EWHC 1823 (Admin). Successfully represented a fixed charge receiver in opposing an injunction to halt a property auction, with the court recognizing the end of a stamp duty holiday as a key factor in refusing the injunction on the balance of convenience test.
• Represented a regulatory compliance service provider, authorised under the FSMA 2000, in a dispute with a former client over unpaid fees and alleged negligent advice.
• Hardy Exploration & Production (India) Inc v Government of India [2018] EWHC 1916 (Comm). Advised India Infrastructure Finance Company on enforcing a £70 million Malaysian arbitration award by attaching payments due under a government guarantee scheme.
• Acted in professional negligence claims against conveyancing solicitors for inadequate advice on an easement and the implications of a ransom strip affecting luxury apartment conversions.
• Defended a clearing bank against claims arising from fraud reports to National Hunter and CIFAS databases, and defended a challenger bank against claims related to money-laundering reports to the National Crime Agency.
• Acted for an individual victimised by an unregulated debt adviser who secured unlawful fees against their family home, successfully obtaining a court order to remove the security for breaches of the FSMA 2000 s19 prohibition.
• Acted for a class representative in proceedings to establish traders’ proprietary interests in funds held in segregated and non-segregated accounts of a currency derivatives platform provider.
• Acted for connected offshore companies and their representatives in a dispute with finance brokers over fee threshold conditions and restitutionary liability related to ground rent portfolio investments.
• Acted for the successful claimant in enforcing corporate and personal guarantees in multi-million dollar claims related to Indian coal-fired power station projects.
• Represented a Scandinavian lender in claims involving foreign law, focusing on limitation periods under the Foreign Limitation Periods Act 1984 and challenges based on English public policy regarding undue hardship.
• Acted for an Indian commercial lender in a guarantee claim supporting a Spanish company acquisition, challenged under Indian exchange control laws.
• Represented invoice finance providers in claims against debtors involving set-off issues, and against directors or shareholders under personal guarantees.
• Represented a mortgage advisory firm sued for alleged mis-selling by an appointed representative under s39 Financial Services and Markets Act 2000. successfully obtained summary judgment on limitation grounds, resulting in the claim’s withdrawal.
• Represented an individual in a professional negligence claim against solicitors who missed a limitation deadline in a mis-selling case against the individual’s financial advisers.
• Acted for a corporate finance adviser in a claim for performance fees, pursued both contractually and on a quantum meruit basis, following successful client financing.
• Advised the vendor of plant and heavy machinery in a dispute with an asset finance lender; misrepresentation claims by the lender were settled on favourable terms.
• John Morris v Royal Bank of Scotland plc (3 July 2015, Norris J): Advised on the void assignment of an alleged £11 million claim due to an anti-assignment clause in the Bank’s fixed and floating charge debenture.
• Obadare v Barton Bridging Capital Ltd [2013] EWCA Civ 1096: The Court of Appeal held that an action is not “pending” between being struck out and the filing of an appeal, and thus cannot be protected as a pending land action (as solicitor).
• Gatt v Barclays Bank Plc [2013] EWHC 2: The first reported case addressing a bank’s contractual, negligence, and defamation duties when sharing customer information with credit reference agencies (as solicitor).

Since 2002, Roger has acted in a wide range of corporate and personal insolvency disputes for banks, insolvency practitioners and directors, including claims for misfeasance, wrongful trading, antecedent transactions, officeholder issues, and contested proofs of debt.

Recent work includes:

• Defending an individual in Gibraltar proceedings against claims of de facto directorship, fiduciary breaches, and dishonest assistance.
• Wedgwood v Hosein [2024] EWHC 1836 (Ch). Acted for an estate administrator seeking a Beddoe order and relief under s284 Insolvency Act 1986 to fund defence of a £2.5 million fraud claim.
• Advised creditors on unwinding a breach of The Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021 relating to asset sales by officeholders.
• Represented a supplier in multi-party proceedings over whether sale proceeds are held on Quistclose trust for suppliers.
• Acted for a party in the Arena litigation concerning the UK’s largest asset finance fraud with alleged losses exceeding £250 million.
• Advised a national retail group on employee benefit trust arrangements during administration, addressing potential claims by HMRC, employees, directors, and group companies.
• Taga v Waterfold Asset Management Ltd [2021] EWHC 1823 (Admin). Successfully defended a fixed charge receiver against an injunction preventing property auction; court cited the stamp duty holiday’s end in the balance of convenience.
• Acted for a class representative in proceedings determining proprietary interests of currency derivatives traders in segregated and non-segregated trading platform accounts under compulsory liquidation.
• Represented a liquidator in obtaining a s236 Insolvency Act order for private examination of a director, secured a freezing order, and succeeded in claims for undervalue transactions and preferences (leading Tiernan Fitzgibbon).
• Advised a leading national arts organisation on insolvency of a key contracting counterparty.
• Acted for a claimant enforcing multi-million dollar corporate and personal guarantees linked to Indian coal-fired power station projects, considering Indian liquidation proceedings’ impact in England.
• Secured a validation order enabling withdrawal of a winding-up petition and rescue of a major automotive parts manufacturer.
• Defended directors and shareholders of a commodity trading company against liquidator claims over historic dividends allegedly breaching the Companies Act 2006 and defrauding creditors.
• Obtained a s236 Insolvency Act order compelling financial institutions to disclose documents related to misappropriated funds and imposed a “gagging order” to prevent notifying alleged wrongdoers.
• Represented a creditor under the Insolvent Partnerships Order 1994, successfully opposing the setting aside of a winding-up order.
• Represented overseas creditors in English bankruptcy proceedings involving cross-border insolvency issues.
• SerVaas Incorporated v Rafidain Bank [2010] All ER (D) 201. Acted for a US corporation enforcing a $40 million judgment against Iraq, linked to pre-first Gulf War claims.
• Advised a liquidator on recovering rental payments made during a pending winding-up petition, potentially void under s127 Insolvency Act 1986.
• Secured permission for a former director to reuse a company name otherwise prohibited under s216 Insolvency Act 1986.
• Handled an application to fix a liquidator’s remuneration under r18.23 Insolvency Rules 2016 despite creditor refusal.
• Defended an individual against trustee in bankruptcy claims alleging receipt of undervalue or fraudulent transactions; claim settled advantageously.
• Represented a former director alleged to have misappropriated business assets, benefited from undervalue transactions, preferences, and wrongful trading totalling over £1 million.

Roger advises and represents companies, directors, shareholders and partners in claims involving fiduciary breaches, shareholder disputes, unfair prejudice, derivative claims, and partnership matters.

Recent examples of work include:

• Defending an individual in ongoing Gibraltar proceedings against claims of de facto directorship, fiduciary breaches, and dishonest assistance by tech investment fund administrators.
• Re Truth Data Insights, Henrickson v Constant [2023] EWHC 1373 (Ch): Addressed unlawful company restoration and acquisition of shares devolved bona vacantia to the Crown, aimed at continuing unmeritorious US litigation.
• Moss v Martin [2022] EWHC 2788 (Comm): Secured summary judgment enforcing US$12 million Texan judgments for fraud and breach of partnership; defendants’ natural justice and jurisdictional challenges dismissed.
• Homes of England Ltd v Nick Sellman (Holdings) Ltd & Bromham Road Development LLP [2020] EWHC 936 (Ch): Successfully appealed on the test for granting permission to continue LLP derivative claims; also represented shareholders in related unfair prejudice petitions concerning property management and development.
• Represented a US company and director to undo unlawful restoration and hostile takeover of its English subsidiary, obtaining urgent injunctive relief to prevent share transfer and IP infringement.
• Acted for a communications company in claims against a former director for secret profits breaching fiduciary duties and shareholders’ agreement; addressed issues of reflective loss, discharge of shareholders’ agreement, and restraint of trade.
• Advised a financial services director/shareholder on undervalued compulsory acquisition of shares due to valuation expert’s negligence.
• Represented a media company in a dispute over a shareholder/consultant’s remuneration under the shareholders’ agreement.
• Defended directors and shareholders of a commodity trading company against liquidator claims over historic dividends; successfully settled the claims.
• Represented a departing shareholder enforcing financial terms of a share sale agreement.
• Advised a company director/shareholder on removing documents from Companies House records.
• Advised partnership members on fiduciary duty implications of forming a new, competing partnership amidst partner disputes.
• Provided legal advice on company share valuation issues arising from divorce.
• Obtained a High Court injunction freezing several hundred thousand pounds in a company account to prevent director misappropriation.

Roger has acted in claims involving fraud, conspiracy, and breach of trust, including freezing injunctions, search orders (as supervising solicitor), and asset recovery. He also advises banks and insolvency practitioners on disputes involving customer accounts and insolvent estates affected by proceeds of crime or restraint orders.

Recent work includes:

• Defending an individual in ongoing Gibraltar proceedings against claims of de facto directorship, fiduciary breaches, and dishonest assistance by tech investment fund administrators.
• Acting for judgment creditors in Moss v Martin [2022] EWHC 3258 (Comm), successfully opposing a stay of enforcement of an English judgment pending appeal in Texas; upheld on appeal.
• Secured summary judgment in Moss v Martin [2022] EWHC 2788 (Comm) to enforce US$12 million Texan judgments for fraud and partnership breach; jurisdictional and natural justice challenges dismissed.
• Obtained court ruling on the jurisdiction to order temporary confiscation of defendants’ passports in Moss v Martin [2022] EWHC 2385 (Comm) to support freezing orders.
• Represented a party in the Arena litigation, related to the UK’s largest asset finance fraud with alleged losses over £250 million.
• Taga v Waterfold Asset Management Ltd [2021] EWHC 1823 (Admin): Successfully defended a fixed charge receiver against an injunction to halt auction sale; court endorsed refusal based on end of stamp duty holiday and balance of convenience.
• Represented company directors in a Spanish-law related unlawful means conspiracy claim; secured claim withdrawal on forum non convenient grounds under the Recast Brussels Regulation.
• Represented the chair of a major UK political party in opposing an interim injunction and disclosure application by a deselected European Parliament candidate.
• Represented a US company and director in reversing unlawful restoration and hostile takeover of its English subsidiary, obtaining urgent injunctive relief to block share transfers and IP infringement.
• Acted for a liquidator to obtain private examination orders under s236 Insolvency Act 1986, securing freezing orders and relief for undervalue transactions and preferences, relying on impropriety exemption for without prejudice evidence.
• Advised investors in an insolvent financial services group on potential claims against directors for fraudulent misstatements inducing multi-million-pound lending.
• Acted for an e-learning company to secure urgent injunction preserving access to its digital training platform and data.
• Represented an individual defrauded in multi-million-pound purchases of rare sports cars.
• Represented an individual misadvised to invest salary in an opaque offshore structure, pursuing claims against advisors involved in fund misappropriation.
• Advised an international group on injunctive relief and expedited trial prospects to prevent breaches of non-compete obligations in a franchise agreement.
• Obtained High Court injunction freezing several hundred thousand pounds to prevent director’s misappropriation.

Roger is experienced in commercial disputes involving breach of contract and business relationship breakdowns, often engaging complex jurisdictional issues:

• Represented judgment creditors in Moss v Martin [2022] EWHC 3258 (Comm), successfully opposing a stay on enforcement of an English judgment pending appeal in Texas; decision upheld by the Court of Appeal.
• Achieved summary judgment in Moss v Martin [2022] EWHC 2788 (Comm) to enforce US$12 million Texan civil judgments for fraud and breach of partnership; jurisdictional and natural justice challenges dismissed.
• In Moss v Martin [2022] EWHC 2385 (Comm), secured a ruling on the court’s jurisdiction to temporarily confiscate defendants’ passports in support of freezing orders.
• Acted in the Arena litigation, related to the largest UK asset finance fraud with losses exceeding £250 million.
• Successfully represented the respondent in Mahajna v London School of Business and Finance [2020] EWHC 3717 (QB), with the High Court dismissing allegations of procedural impropriety in the original judgment.
• Advised India Infrastructure Finance Company in Hardy Exploration & Production (India) Inc v Government of India [2018] EWHC 1916 (Comm) regarding enforcement of a £70 million Malaysian arbitration award by attaching payments under a government guarantee.
• Represented company directors in a Spanish-law based unlawful means conspiracy claim concerning intellectual property; secured claim withdrawal on forum non conveniens grounds under the Recast Brussels Regulation.
• Advised a construction subcontractor in a public sector contract dispute, successfully vindicating client rights.
• Represented a Lithuanian subcontractor in a dispute with a German main contractor over insulation works on a Scottish landfill-to-energy plant.
• Represented an individual defrauded in multi-million-pound purchases of rare, collectible sports cars.
• Acted for an air charter company recovering unpaid charter fees.
• Advised a civil aviation engineering firm in a dispute with airline administrators over alleged part failure causing engine damage and related losses.
• Represented an industrial plant and machinery disposal company in a joint venture dispute regarding auctioning a chilled desserts factory’s contents.
• Acted for an e-learning company to obtain an urgent injunction preserving access to its digital training platform and data.
• Advised an international group on injunctive relief and expedited trial to prevent breaches of non-compete obligations in a franchising agreement.
• Acted for connected offshore companies and their representatives in a dispute with finance brokers over fee threshold conditions and restitutionary liability.
• Regularly represented auctioneers in recovering unpaid auction fees.
• Acted for a corporate finance adviser claiming performance fees for instrumental advice securing client finance, pursuing claims both in contract and on a quantum meruit basis.

• Chancery Bar Association
• Commercial Bar Association
• R3, the Association of Business Recovery Professionals

“Roger clearly has vast experience advising on banking matters. He is able to pick out issues with ease.”

Legal 500 2025