Ian Weatherall
I am head of the firm's Finance Insolvency Recoveries and Sales team. This is one of the most successful teams in the firm, dedicated to all aspects of financial litigation. I am also responsible for spearheading the firm's insolvency offering.
Tel: +44 (0)870 730 2882
Email: ian_weatherall@wragge.com
Services: Finance, Dispute Resolution
Best brains in ...
Tackling complex insolvencies and financial claims to spot frauds and follow the trail to recoup the hidden funds. Dealing with detailed legal issues in upholding the enforceability of a regulated agreement when it is challenged by borrowers. Reacting fast to problems and giving commercial solutions and options to secure my client's position and maximise recoveries.
Highlight of your career so far?
Acting for a major lender in defending matters akin to a group action involving approximately 250 borrowers. My client was successful on all issues which went to trial. The strategy also looked at a co-ordinated settlement approach, which was only effective if a percentage in number and value accepted the terms.
Most challenging job you've ever done?
Securing the first unchallenged appointment of an English Insolvency Practitioner over a German company. Not only was this ground-breaking but it involved flying to Germany late on 23 December and lodging the papers on 24 December. The client and I contemplated an eggnog Christmas together as the snow descended at Frankfurt Airport at 7.00pm on Christmas Eve.
What about outside the UK?
Advising a large car manufacturing company on the largest (in terms of jurisdictions) centre of main interest insolvency appointment made by an English court. My client was concerned to ensure it continued to receive supply in relation to 12 plants throughout the world. This was achieved without interruption.
What's your definition of going the extra mile... And when have you done it?
I always look to be available to my clients. I like to be seen as part of their team and will often spend time sitting in clients' offices for an extended period to achieve this.
When have you ever given a client a real competitive edge?
I am committed to providing clients with effective commercial advice in a legal context. I will not hide behind the law to avoid giving a precise answer. In particular I take time to understand my clients' business drives and objectives and recoveries criteria.
What's your single greatest contribution to Wragge & Co's corporate responsibility?
I regularly take part in marathons and triathlons to raise funds for charities, principally supporting sick children.
What's been written or said about you that you're most proud of?
'Incisive, tenacious, and quick to get the job done'. 'He is highly rated for his thorough understanding of issues and solutions'. Chambers UK.
Alerts
25.01.12
Banking update: report and review on recent cases and issues
Valuation evidence; the Etridge guidelines should always be followed; trustee in bankruptcy v innocent purchaser; application to amend too late; no duty of care owed by valuer.
16.12.11
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.
29.11.11
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.
31.10.11
Banking update: report and review on recent cases and issues
Mortgage fraud leads to return of funds to lender; first past the post for creditors; no need to disclose names of employees; the Office of Fair Trading's mental capacity guidance for consumer credit businesses.
29.09.11
Banking update: report and review on recent cases and issues
Using the small claims court to keep costs down; negligent advice by surveyors; no conflict of interest for trustees in bankruptcy; no piggy-backing of additional applications on to pre-trial review.
22.08.11
Banking update: report and review on recent cases and issues
Marshalling of debts; negotiations to be considered as a whole; disclosure of client contact details; summary judgment criteria; Wragge & Co's banking and finance experts bring you the latest on the cases and issues affecting the lending industry.
20.07.11
Banking update: report and review on recent cases and issues
Consolidation of a loan does not affect security; security from principal debtor does not preclude claim against guarantor; undue influence and misrepresentations defeat statutory demand; surveyor owes no duty of care to buy-to-let purchaser.
23.06.11
Banking update: report and review on recent cases and issues
Recovering the costs of enforcing a charge; confirmation from the Court of Appeal – Part 36 offers cannot be time limited; the need to get service right; Wragge & Co's banking and finance experts bring you the latest on the cases and issues affecting the lending industry.
23.05.11
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.
21.04.11
Banking update: report and review on recent cases and issues
Final orders rarely revoked; bank held to fee estimate; limited discretion on bankruptcy order and enforceable guarantee; the latest on the cases and issues affecting the lending industry.
21.04.11
Judicial review of PPI complaints handling fails
The High Court decision in the British Banker's Association's (BBA) judicial review of the Financial Services Authority's payment protection insurance complaints handling procedure was handed down yesterday. The BBA lost on all three grounds of challenge.
24.03.11
Banking update: report and review on recent cases and issues
Over-optimism does not necessarily lead to misrepresentation; consequences of failing to attend trial; mental capacity; new lending code for borrowers.
24.02.11
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.
27.01.11
Banking update: report and review on recent cases and issues
A review of badly drafted guarantees, unilateral notices, Part 36 offers, and the Insolvency Services policy on bankrupt's principal residence.
14.12.10
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.
23.11.10
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.
21.10.10
Banking update: report and review on recent cases and issues
No prejudice to borrower, guarantee not void for non-disclosure; administration orders and limitation periods; Part 36 and litigants in person; surveyor's duty of care to buy-to-let purchaser and a right to subrogation.
25.08.10
Banking update: report and review on recent cases and issues
Tracing claims, ratification of actions, pre-action disclosure application and economic interest in bankruptcy application required.
11.08.10
There have been three judgments dealing with Consumer Credit Act test cases that lenders need to be aware of. Dealing with allegations of payment protection insurance premium mis-selling, mis-statement of APR rates and breach of the Insurance Conduct of Buisness Rules.
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.
08.01.10
Court hands down judgment on key issues under the Consumer Credit Act 1974: Carey v HSBC
The case dealt with two matters concerning requests for copies of credit card agreements pursuant to section 78 of the Consumer Credit Act 1974 (Act) and the consequences of non-compliance with that provision.
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.
17.11.09
The Court of Appeal in Southern Pacific Personal Loans Ltd v Walker & another has handed down a further judgment on whether an agreement is unenforceable on the ground of non-compliance with a requirement of the consumer credit legislation.
06.11.09
In our alert Meaning of multiple agreements under the Consumer Credit Act 1974, we reported on the High Court decision of HHJ Purle QC in Heath -v- Southern Pacific Mortgage Limited. The Court of Appeal has now handed down its judgment in the case.
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.
12.10.09
In Phillip McGuffick v The Royal Bank of Scotland Plc the Commercial Court held that non-compliance with section 77(1) of the Consumer Credit Act 1974 (Act) did not extinguish a creditor's rights.
20.08.09
Banking update: report and review on recent cases and issues
Charging order versus bankruptcy, enforcement of undertakings, valid guarantees and issues over service of proceedings, Wragge & Co's Banking and Finance experts bring you 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.
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.
30.01.09
Meaning of multiple agreements under the Consumer Credit Act 1974
A debtor might argue that a loan entered into pre 6 April 2007 in excess of £25,000 can still be subjected to a challenge under the provisions of the Consumer Credit Act 1974 on the basis that it falls to be considered as a multiple agreement.
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.
21.10.08
Banking Update: report and review on recent cases
Expedited trials, failure to register at HPI and a claim for conversion, possession and the Convention for the Protection of Human Rights, confidentiality of Tomlin orders and a "u-turn" on the proposed general pre action protocol;
25.09.08
Banking Update: report and review on cases
Creditors appointing their preferred administrators; the new rules on service of proceedings; some tell tale signs of mortgage fraud; and submitting a claim form out of time in a Company Voluntary Arrangement.
20.08.08
Banking update: report and review on cases
The obligation to value the correct property, the need for certainty when agreeing security for loans, immunity from enforcement actions and taking a party's disabilities into account;
19.06.08
Banking Update: report and review on recent cases
Wragge & Co's banking and finance experts bring you the latest on the cases and issues affecting the lending industry.
21.05.08
Banking update: report and review on recent cases
Wragge & Co's Banking and Finance experts bring you the latest on the cases and issues affecting the lending industry.
25.04.08
High Court ruling on bank charges
The High Court has handed down judgment in the first stage of the OFT's challenge to the legality and fairness of bank charges. For all you need to know on the judgment, read Wragge & Co's expert analysis.
23.04.08
Banking update: report and review on recent cases
The proposed new general pre-action protocol, traceability of payments, receivers and foreign debts, unfair relationships and the Consumer Credit Act and the Uniform Rules for Collection; Wragge & Co's Banking & Finance experts bring you the latest news.
18.03.08
Banking Update: report and review on recent cases
Wragge & Co's banking and finance experts bring you the latest on the cases and issues affecting the lending industry.
21.02.08
23.01.08
04.12.07
The Court of Appeal has held that there's no inconsistency between a simple retention of title clause and an implied, or even express, right of a buyer to sell on the goods before paying the seller.
25.10.07
27.09.07
20.07.07
04.01.06
Press releases
17.12.08
Wragge & Co appoints new corporate recovery partner
Wragge & Co LLP is adding a new corporate recovery partner to its national Corporate Recovery team. Vicki Conway, currently a partner at HBJ Gateley Wareing, will join the firm in early 2009.
Published articles
There are currently no published articles for Ian Weatherall.
