IFLR 1000
The Guide to the World's Leading Financial Law Firms

United Kingdom

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Bank lending

Bank lending - company side

Bank lending - lender side

Bank lending - sponsor side

The UK banking market is in step with nearly all other Western European jurisdictions in suffering from a severe drought of liquidity. "The market has stabilised post credit-crisis but its stabilised at a low level of liquidity," says one partner. Instead the market now bears witness to a 'battle of the banks' on the few deals and prospects in the market that are not viewed with suspicion. "Banks are lending to the right people but there's not enough deals around to satisfy the deals that the bankers want to do," explains one partner. "Because there's so few deals around when a good one comes up there's a feeding frenzy and the private equity sponsors start showing the bad habits developed in the boom years."

But where the bankers fear to tread, the bond market struts with confidence. "The biggest trend that we've seen is the development of the bond market to finance leverage acquisition finance transactions," says one partner. "We are now seeing transactions financed by a fairly sizeable bond element and an almost negligible bank element depending on the transaction."

It is high-yield in particular which has taken up the slack, "The high-yield market has come to fill the vacuum that was left," says one partner, "If you're uncertain about what your growth prospects are going to be you can see how you'd move away from that (bank financing) and towards a bond structure where the covenants are more flexible."

However this has led to a greater tension between the different financing elements present on most deals. "Banks have a sense that high-yield bonds are not in the best interest of the company, they use any excuse they can to keep these vulture fund bond people at 20 cents to the dollar in the process," says one partner. But in the current market such strong arm tactics are proving increasingly unsuccessful as the bond element in most deals is gaining in prominence. "The bond is not a junior piece of debt in the structure it is part of the senior debt," says one partner.

The rise of high-yield has also suppressed the mezzanine market. "Last year we started to see the return of mezzanine financing but it hasn't really taken off and this is down to the rise and rise of high-yield," explains one partner and another backs this up: "Mezzanine is coming back and mezzaniners are being more convenient in acting on deals. But mezzanine had completely disappeared and been overtaken by bonds."

What all of these has led to is a need for finance practices within firms to show that they can be flexible and offer equal strength on both bank and bond sides to be able to deal with the multi-faceted mandates now so prevalent in the market.

Regulation in the form of the Basel III core capital requirements and to a lesser extent the UK Vickers report have also been praying on bankers minds. "I don't think banks have really taken on board the impact of Basle III," says one banking lawyer. "I think a lot of banks have not fully realised the losses inherent in their loans and in their portfolios."

While UK banks can be thankful that they have not been more exposed to the Greek debt crisis, there is still a knock on effect from the various macro-economic issues sweeping across Europe and there is a genuine lack of confidence even in those institutions considered to be healthy. "You get a false impression from some of the international banks and the bonuses they pay out that gives the impression that all is well and rosy, but its not the case at all," explains one partner.

Linked in part to this has been the relatively low level of restructuring, an area of work many had presumed would come back in flood. Again most practitioners were of the opinion that this was a case of the banks not being prepared to face up to the skeletons in their closets. "There hasn't been the number of restructurings that people would have expected," says one banking lawyer. "People don't want to fess up to things, they are hoping that all the ships will rise with the tide."

Allen & Overy

With its immensely strong bank side practice so often taking the limelight, the other aspects of A&O's practice can sometimes be overlooked, but the firm has strength on all sides and is increasingly being recognised as a growing borrower side practice as well. "It seems slightly anomalous to see Allen & Overy in tier two as opposed to tier one [in the borrower side table]," says one peer.... [more]

Leading lawyers
Trevor Borthwick
Sanjeev Dhuna
Mike Duncan
Robin Harvey
Stephen Kensell
George Link
Timothy Polglase

Ashurst

Ashurst's banking practice led by Nigel Ward remains focused on bank side mandates, although thanks to its private equity strength the firm also maintains a solid sponsor side offering."Ashurst on the leveraged side, I would see them a lot," says one client.... [more]

Leading lawyers
Helen Burton
Simon Thrower
Mark Vickers
Nigel Ward

Baker & McKenzie

January 2011 saw Baker & McKenzie boost its banking team through the hire of partner Anthony Borger from SNR Denton in January 2011.Led by Bernard Sharp the firm leans more towards bank side mandates in London with many emerging from its vast international network.... [more]

Cleary Gottlieb Steen & Hamilton

Cleary Gottlieb Steen & Hamilton's banking team acts most often on the company side as demonstrated by its tier three position in the company table.A key figure in the practice is Andrew Shutter who last year advised Wind Telecommunications on a re-financing package worth a combined €6.... [more]

Leading lawyers
Andrew Shutter

Clifford Chance

The market remains convinced that Clifford Chance's real strength remains as bank side counsel. "Clifford Chance has a got a decent corporate client base but that's dwarfed by its bank client base," says one peer and another agrees: "Allen & Overy and Clifford Chance are still the biggest lawyers on the lenders side.... [more]

Leading lawyers
Michael Bates
Mark Campbell
Charles Cochrane
Alan Inglis
Malcolm Sweeting

Freshfields Bruckhaus Deringer

"Freshfields is a terrific corporate law firm but they seem to blow hot and cold on finance, they keep suggesting that they're focusing on it and then drifting off, but they deserve to be there." This view from one partner is indicative of that held in the market in general.... [more]

Leading lawyers
Martin Hutchings
Sean Pierce
David Winfield

Herbert Smith

Because of its strong projects practice, particularly in the area of oil and gas, the capability of the Herbert Smith bank lending team is not always recognised, but peers admit that in the last year the firm has increased its visibility and is beginning to be seen as a challenger to the top practices particularly on borrower side mandates. "I think they are, over time, increasing and establishing their practice," says one peer, "Herbert Smith has got some decent financing people.... [more]

Leading lawyers
Malcolm Hitching

Hogan Lovells

With 17 partners in London including global co-head Matthew Cottis the Hogan Lovells team certainly has the depth of resources to challenge in the UK banking space. The team is largely made up of former Lovells partners but the merger with Hogan & Hartson in 2010 has brought an extra dimension to the firm's US capabilities.... [more]

Leading lawyers
Matthew Cottis

Kirkland & Ellis

The strength of the Kirkland & Ellis banking team lies squarely on the sponsor side as a result of its impressive roster of private equity clients: "They have certain key US sponsor relationships and they are successful when their sponsors are successful."The result of this is that the practice has a supporting function rather than as a standalone operation, however the nature of its client base means that firm is involved in some impressive mandates.... [more]

Leading lawyers
Stephen Gillespie
John Markland
Neel Sachdev

Latham & Watkins

The Latham & Watkins London financing team has been gradually building a reputation since the practice was kick started by the acquisition of several finance partners from US rival White & Case in 2009. The firm's strategy has been to create a London practice with equal strength in bank, bond and high-yield work and the London team's growing reputation has made this a realistic target.... [more]

Leading lawyers
James Chesterman
Christopher Hall
Christopher Kandel

Linklaters

Linklaters has long held strong positions on the bank and borrower sides of the market but in recent years, linked to the firm's determination to build up its private equity practice, the market has noted that the firm's sponsor side practice is gaining traction. "Linklaters have worked on a lot of sponsor side lately.... [more]

Leading lawyers
Bruce Bell
Bryan Gray
Chris Howard
Gideon Moore
Philip Spittal
Nick Syson

Macfarlanes

The Macfarlanes banking department led by Julian Howard draws on the strength of its UK corporate client base and is thus often mandated on the company side.An example of this saw lead partner Howard advise bar chain JD Wetherspoon on £530 million of corporate facilities.... [more]

Milbank Tweed Hadley & McCloy

Milbank's London banking team has a focus on asset finance and leasing related work mainly on the bank side of transactions.Examples of this include acting for Goldman Sachs Lending Partners and Bank of America Securities over a $1.... [more]

Norton Rose

Much of the talk around Norton Rose this year has focused around its global aspirations. Having initiated three mergers: Denys Reitz in South Africa and Ogilvy Renault and Macleod Dixon in Canada and also spoken of further office openings in the future, the firm is setting itself up to compete with some of the UK's largest operations.... [more]

Shearman & Sterling

Shearman & Sterling remains one of the strongest US bank side practices in London. Led by Clifford Atkins, the team continues to act for clients such as Barclays, Bank of America Merrill Lynch and JPMorgan.... [more]

Leading lawyers
Anthony Ward

Simmons & Simmons

A key client for Simmons & Simmons is Barclays Capital who the team advised on several financing transactions last year. On one, the team acted on Barclays Capital and Absa for the financing of Transnet, these were supported by Finnish export credit agency (ECA) Finnvera and Dutch ECA Altradius.... [more]

Simpson Thacher & Bartlett

Like US contemporaries Kirkland & Ellis, Simpson Thacher's finance offering is very much focused around its private equity strength: "Simpsons and Kirkland have a very strong sponsor side practice and they don't purport to have anything different," explains one partner, and another agrees, "Simpson are well in with KKR they are a major sponsor practice."Partner Ian Barratt is a client favourite: "Ian is technically extremely good, he's a little less aggressive but he's very very solid," says one.... [more]

Leading lawyers
Ian Barratt
Stephen Short

Skadden Arps Slate Meagher & Flom

Skadden maintains a small but notable presence in the UK banking market. Though the firm doesn't have the same capacity as some of its US peers, the technically accomplished banking offering is more than capable and can also draw on the strength of the firm's global corporate client base and expertise.... [more]

Leading lawyers
Mark Darley

Slaughter and May

Slaughter and May's key strength and focus remains on company side mandates and acquisition financing. Not surprising considering its deep and enviable well of corporate clients.... [more]

Leading lawyers
Andrew Balfour
Robert Byk
Philip Snell

Weil Gotshal & Manges

Weil has been making a concerted effort to boost its London practice in the last year and nowhere has this been seen more clearly than in the banking practice.It started in January when James Hogben joined the team from Ashurst where he had been since 2006.... [more]

Leading lawyers
Stephen Lucas

White & Case

The banking team at White & Case has rebuilt quite impressively since losing some of its key partners to Latham & Watkins in 2009. This has continued apace in 2010/11 with the recruitment of Skadden's Christian Pilkington and Gide's Christopher Czarnocki.... [more]

Leading lawyers
Magdalene Bayim-Aolomako

See also

United Kingdom
Western Europe

Practice areas

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