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Fiona Hayles, Partner, Head of Banking Litigation

Dispute Resolution

Mobile: 07725 242 079

A bit about me

Working with lenders and financial institutions, my aim is to get the best commercial outcomes for my clients when litigation is necessary. No case is the same, but in each instance, I use my strategic thinking and negotiation skills to help my clients resolve disputes. I am well used to assisting clients on a portfolio basis too.

Where possible, I try to keep things out of court via mediation and alternative dispute resolution. However, I have great experience of first instance trials and senior courts appeals, including those to the Supreme Court, where one of my recent cases has become the leading authority in the PPI mis-selling arena.

I like to stay active by playing netball, and I love trail running – the muddier the better!

Want to know more?

Don’t let principle get in the way of a good deal.

It’s all about the detail – make sure you keep all documents and evidence, as these could help to turn the tide.

Once proceedings have started, be aware of the court timetable and make sure you’re on time.

How much will it cost?

At the outset, there are usually too many unknown factors to give anything but an indication of the final costs, but I will give a budget for the initial steps and stick to it.

Do you do “no win, no fee”?

Predominantly no, but I can consider it for the right case. As a team, we’re often able to structure fees in a way that makes the process easier and more effective for our clients, so please ask for further information.

Will we win?

Litigation is risky, so I can never promise that you’ll be completely successful, but I will keep you updated of the risks as your case develops.

Where I work

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latest articles

When is it too late to bring a PPI claim?

The Court of Appeal has recently handed down judgment in favour of a lender in…

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Pengelly v Business Mortgage Finance 4 PLC Appeal heard alongside Wood v Commercial First Business Limited

A fiduciary relationship is not required in secret commission cases - lenders beware In 2005,…

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PPI and limitation: Canada Square Operations Limited v Potter

A Court of Appeal judgment has extended the length of time between the end of…

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Banking dispute resolution service opens for SME businesses

The Business Banking Resolution Service (BBRS) has just announced the formal launch of its free…

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Stays to possession proceedings under Part 55 expire as new rules come into force on 23 August 2020

Part 55 Possession Proceedings can now resume as of 23 August 2020, subject to Practice…

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To redact or not to redact?

Irrelevance alone is not a reason to submit heavily redacted transaction documents in court proceedings,…

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Refunds during Covid-19: top tips for consumers and compliance advice for businesses

The Competition & Markets Authority (CMA) has recognised that there are a wide range of…

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Cancelled holiday? Here's what you can do

On 17 March 2020, the Foreign and Commonwealth Office (FCO) advised against all non-essential travel,…

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Three month moratorium on consumer credit debts due to Covid-19

Consumer credit lenders should now grant a three month moratorium on debts, under new rules…

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What happens if I can’t pay my mortgage because of Covid-19?

The restrictions in place around Covid-19 mean many people are unable to work. If this…

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The End of a ‘Scandal’?

At 11:59pm tonight, Thursday 29 August 2019, the Financial Conduct Authority’s (FCA) deadline for bringing…

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Do we expect to live in debt?

Each UK household now has an average unsecured debt of £15,400, which has risen by…

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Right on the ball for Pied Piper

Court of a different kind was in session for Cheltenham lawyers Harrison Clark Rickerbys when…

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Enforcing judgment obtained outside UK jurisdiction

How do you enforce, in the UK, a judgment which was issued outside the UK? Dan…

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Strategic support for lenders brings national accolade

Strategic advice for lenders covering growth plans, regulatory and policy issues and the day-to-day business…

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Doran – A cautionary tale on PPI redress for lenders?

In November 2014, the Supreme Court in Plevin v Paragon Personal Finance said that, in…

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Lawyers go bright for Sight Concern

Shedding their business suits and getting plastered with colour to raise money for Sight Concern,…

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Judicial Review of the FCA’s PPI Complaints Rules

In March, the Financial Conduct Authority (“FCA”) released its Policy Statement PS 17/3 Payment Protection Insurance…

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Equitable Liens: secured or unsecured?

As is well known, where a creditor ranks in the distribution of assets following the…

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Credit brokers’ fiduciary obligations to borrowers in relation to commission payments

The Consumer Credit Act 1974 Under section 56 of the Consumer Credit Act 1974 (CCA),…

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Plevin, Costs & Top Up ATE

If a claimant with a pre-1 April 2013 After the Event (ATE) insurance policy at…

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PPI, Plevin and the FCA’s final guidance

PPI has been a financial hot potato for some years, but in 2017 the financial…

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Plevin & Costs: When is top up ATE recoverable?

If a claimant with a pre-1 April 2013 After The Event (ATE) insurance policy at…

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Nelmes v NRAM – unfair relationship revisited?

This article has been featured in the Mortgage Finance Gazette. In its recent judgment of Nelmes…

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Negligent bank reference – but no duty of care owed

The recent Court of Appeal decision in Playboy Club London & Ors v Banca Nazionale del…

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PPI – The Role of Claims Management Companies & Fees

On 11 May 2016, Parliament’s Public Accounts Committee (“PAC”) published its Report on “Financial services…

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PPI, Plevin, Fees & Fairness?

On 26 February, the time period for comments on the FCA’s Consultation Paper CP15/39 ‘Rules…

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Bank of Cyprus UK Limited v Menelaou

Fiona Hayles, partner in our Cheltenham Litigation department, originally wrote this article for the Mortgage Finance Gazette. Can a lender…

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PPI and the payment protection “scandal” has of course been a financial hot potato for…

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Salt v Stratstone Specialist Ltd: Misrepresentation in Sale of Goods

If it is not possible to rescind a contract, the Court of Appeal has decided…

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Courts, Unfairness and the Consumer Credit Act

There has been a recent flurry of Court decisions with regard to the Consumer Credit…

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