Specialist Funders and Servicers

Shepherd and Wedderburn is highly regarded for the advice it provides specialist finance focused clients. We are regularly instructed to advise on a wide variety of transactions from factoring and invoice discounting to debt purchasing and searching, and business lending and leasing. Our experience in advising the specialist finance sector on both contentious and non-contentious issues ensures we provide advice which is client focused, supportive and practical. In analysing the types of instructions we receive we look to identify trends across the sector that can aid your internal processes and importantly assist you to make commercial decisions in addition to simply looking to provide the 'legal' answer.

In advising clients operating in the specialist finance sector, we offer a team drawn from different practice groups across the firm. This ensures that our cross-disciplinary team has the necessary in-depth commercial knowledge of specialist finance to give clients in this sector the best solutions, whether contentious or advisory. The team works to deliver practical, tailored, commercial and solutions-led advice. The enthusiasm and breadth of knowledge ensures that the team consistently work with you to solve problems, no matter how novel the project. As a firm we understand that legal expertise comes as a given and added value services are at the core of our firm's offering. One of our partners, Alastair Frood, co-ordinates our specialist finance team.

We advise UK-based and overseas specialist finance companies in a broad range of practice areas. This includes different types of specialist finance within:

  • mainstream banking
  • finance, restructuring and distressed asset lending
  • corporate advisory
  • mergers and acquisitions
  • dispute resolution
  • real estate
  • regulation
  • pensions
  • competition law
  • employment
  • IT
  • intellectual property
  • procurement and outsourcing

Key People


A leading invoice finance business
Advising a leading invoice finance business for the last 16 years on all aspects of their business, and most recently, reviewing the terms of its standard form Scottish documentation, including preparation of template documents and advice on related Scots law issues.
A major clearing bank
Managing a collect-out for the invoice finance arm of a major clearing bank including coordinating a staged payment agreement, negotiating with a significant debtor who had a non-assignation clause in its supply agreement, uncovering double factoring fraud, and pursuing the directors under their guarantees and warranties in a separate jurisdiction. We were able to provide informed cross border advice and manage the recovery process both against the debtor company and third party guarantors to the satisfaction of the client.
Invoice financiers
Working with invoice financiers and co-ordinating debt recovery for Scotland and limited matters in England, co-ordinating monthly management reporting functions, advising on whether or not it is possible to sign up potential new types of business to invoice finance, advising on recoveries and insolvency, enforcing personal guarantees and advising on directors' fiduciary duties, and advising in situations where third parties refuse to deal with invoice financiers.
An invoice finance company
Advising an invoice finance company in relation to a massive fraud that had been uncovered involving fresh-air invoicing. This included giving advice on the best route to recover losses involving assessing whether directors had any personal liability; enforcing directors' guarantees; raising sequestration proceedings.
A leading retail bank
Recent negotiation and completion for a major client of £30m asset-backed lending facilities based on new legal documentation for a leading retail bank, the first major lend at such a significant level in Scotland.