Hodge Malek QC

Year of call:
1983
Silk:
1999
Email:
hodge.malek@39essex.com

Clerks:
+44 (0)20 7832 1111

“A hardworking, incisive and polished advocate with gravitas”
Legal 500 2016

Hodge Malek QC has an impressive academic and practical background. He has both undergraduate and postgraduate law degrees from Oxford University. He is the general editor of the leading book on the law of evidence, Phipson on Evidence (17th ed. 2010) and the joint author of Disclosure (4th ed., 2012), both of which are often cited in judgments in common law jurisdictions. He is also a contributor to Mithani, Directors Disqualification (Human Rights chapters with) and various volumes of Atkins Court Forms (Human Rights, Disclosure and Information Requests, and Administrative Court).He was a member of the Commercial Court working party chaired by Lord Justice Cresswell on Electronic Disclosure.

Hodge is Chairman of the Competition Appeal Tribunal. He sits as a Recorder in both civil and criminal cases. He regularly sits as chairman of disciplinary panels of the Bar. He is a member of the Inn’s Conduct Committee and a Bencher of Gray’s Inn.

He has a successful and heavyweight commercial practice which includes the specific areas detailed below: commercial dispute resolution; banking and financial services; fraud; professional disciplinary, energy, insurance/reinsurance and procurement. He is particularly known for cases with an international element. He travels widely on cases, including Europe, Caribbean and the Middle East.

He is a member of the bar of the British Virgin Islands and has been called to other bars for specific cases, such as Isle of Man (insider dealings on NASDAQ and letters of request) and Gibraltar (dealing in shares on Lisbon Stock Exchange). He has appeared in the Tribunal de Commerce and Cour d’Appel in Paris on a number of cases. He also conducts arbitrations and regulatory hearings. He has appeared before various ad hoc and specialist bodies, including INTERPOL, Copyright Tribunal, the Upper Tribunal (and its predecessors).

Commercial Dispute Resolution


Hodge Malek QC conducts large scale commercial litigation internationally both in Court and arbitration.

In 2010 / 2011 he has been engaged in a wide spectrum of cases including, on behalf of the Financial Ombudsman Service the challenge in the Administrative Court by the British Bankers Association in relation to PPI (payment protection insurance) and Blue Sky v Mahan both in the Commercial Court and the Court of Appeal in relation to a dispute over six 747 aircraft.

In the commercial field Hodge Malek QC is recommended in the various directories. His work encompasses across the field of commercial litigation both in the UK and internationally.

“Very authoritative and excellent with clients.” Chambers & Partners

Regulatory & Disciplinary


Fraud – Civil & Criminal

Hodge Malek QC has a substantial practice in commercial fraud both for claimants and defendants. He is one of the few silks who have considerable experience in both civil and criminal fraud. He conducts civil fraud cases internationally as well as in the UK. He is on the Serious Fraud Office Panel of QCs, in respect of which he has advised and prosecuted for the SFO since 1990 on a wide range of cases including conspiracy to defraud, corruption, false markets and misleading listing particulars.

In 2010 he prosecuted on behalf of the SFO the CEO of a firm of reinsurance brokers, who was convicted of corruption in relation to reinsurance of the Costa Rican state insurance company. He also appeared in the Commercial Court on a number of large cases including Brown v. Innovatorone Plc [2010] EWHC 2281, proceedings involving alleged fraudulent technology ventures.

Professional Discipline

Hodge Malek QC is one of the leading silks in the field of professional discipline, being sought out by regulators and firms alike.

He has recently acted for the Solicitors Regulatory Authority in the intervention into Dean & Dean and the ensuring litigation in the Chancery Division as well as for them before the Solicitors Disciplinary Tribunal. He is currently acting in relation to Keydata which was put into administration in 2009 by the FSA and is the subject of regulatory action. He is also acting for ICE in relation to gasoil.

In 2012 he was named as the Professional Discipline Silk of the Year by Chambers & Partners.

International


Hodge Malek QC is a member of the bar of the British Virgin Islands and has been called to other bars for specific cases, such as Isle of Man (insider dealings on NASDAQ and letters of request) and Gibraltar (dealing in shares on Lisbon Stock Exchange). He has appeared in the Tribunal de Commerce and Cour d’Appel in Paris on a number of cases. He also conducts arbitrations and regulatory hearings. He has appeared before various ad hoc and specialist bodies, including INTERPOL, Copyright Tribunal, the Upper Tribunal (and its predecessors).

Middle East

Hodge Malek QC has a great deal of experience in dealing with cases in and related to the Middle East. By the nature of these cases much of his work is highly confidential and because of this not publicised. Hodge has conducted a number of very large scale arbitrations relating to sensitive matters and these include acting in ICC arbitrations in relation to a multi-billion pound military project in Saudi Arabia as well as conducting a two month arbitration for a state entity in the Permanent Court of Arbitration in the Hague over a gas supply contract in 2013.

Oman

Hodge Malek QC is a consultant for the firm of Al Busaidy, Mansoor Jamal & Co and has been advising on cases both for Omani Government Departments and entities as well as banks, insurance companies and corporations for over 20 years. He has acted in the well-known ONIC case under the supervision of the Oman Capital Markets Authority, in which he successfully resisted a £200 million claim before the Tribunal de Commerce in Paris and more recently, in 2014, he acted for the Telecommunications Regulatory Authority in a $100 million arbitration in Muscat. He is currently engaged in a number of civil and criminal cases before the Primary Court, Court of Appeal and Supreme Court. These range from an auditors negligence action to corruption trials.

Energy


Hodge Malek QC conducts work in the energy field from across the range of gasoil regulation, environment, procurement / corruption and commercial disputes. He acted regularly for the International Petroleum Exchange and now acts for its successor body, ICE.

Insurance and Reinsurance


Hodge Malek QC is recommended in the fields of insurance and reinsurance. His work ranges from actions under policies in the Commercial Court to regulation.

He acted for the Financial Ombudsman Service in BBA v. FSA and FOS [2011] which arises out of a vast number of complaints concerning the sale of PPI (payment protection insurance). He has conducted and advised on insurance/reinsurance internationally, including the Elf case in France (£200million).

Banking & Financial Services


Hodge Malek QC conducts a wide range of banking and financial services work ranging from typical banking disputes, financial regulation, listings, market manipulation and banking collapses. This is not confined to litigation, but includes advisory work for banks and large retail customers, as well as regulatory and disciplinary proceedings. He appeared on behalf of the Financial Ombudsman Service in BBA v. FSA and FOS [2011], where the court rejected the challenge by the banks into the regulation and complaints in relation to alleged widespread mis-selling of PPI. Subsequent to the judgment the banks liability was estimated at £7 Billion. He is retained to act for the appellant before the Supreme Court in Harrison v Black Horse on whether the sale of PPI can amount to an unfair relationship within the meaning of the consumer credit legislation. He is also acting on behalf of UBS in relation to proceedings in Italy over the sale of derivativesto the City of Milan. He is also instructed in relation to the LIBOR scandal and to iSwaps in 2012/2013.

Procurement


Hodge Malek QC specializes in procurement ranging from advising local authorities and central government on procurement exercises and disputes to dealing with corruption in the public sector.

Recommendations


Chambers & Partners:

Star at the Bar: In 2014 the breadth of Hodge Malek QC’s practice was acknowledged by Chambers & Partners who named him as one of their ‘Stars at the Bar’ after he was ranked in seven areas.

Recommended leader in Banking & Finance: “[he] has a successful and  heavyweight commercial practice” (2007); “He knows the market extremely well” (2008), “engaging and entertaining advocate who has a deep grounding in regulatory matters” (2009) and “a great presence on regulatory matters and a master of contentious banking work” (2010); “a strategically astute barrister with excellent drafting skills.” (2012);” the barrister you would pick if you were in a difficult position.” “a good fighter who has sound judgement .” (2013). “A distinguished commercial silk.” (2014); “He is considered to be a market leader and is incredibly charismatic in front of clients. He’s also an excellent team player.” “He has such a depth of knowledge, not just legal knowledge but also tactics. He gives a really good insight into the industry.” (2015), “He was very impressive. It was great to see him in the Court of Appeal and the authority he commanded – you could see the judges listened to what he had to say and he had control of the argument.” “He’s good at thinking outside of the box. He will often find a way to achieve something which is often not a way anybody else has thought about.” (2016)

Commercial Dispute Resolution: “sails through complex disputes with consummate ease.” (2012). “Very authoritative and excellent with clients.” (2014); “He is supremely diligent and a top-class litigator.” “When it comes to dealing with freezing injunctions and matters pertaining to the Middle East there’s no need to look any further than him.” (2015). “A regulatory and disciplinary expert. He is supremely diligent and a top class litigator.” “An astute tactician who gives clear strategic advice. He is particularly strong at navigating complex international disputes.” (2016)

Energy and Natural Resources: “He is an impressive advocate who has extensive knowledge. What make him so impressive is his methodical approach to his cases, his ability to explain difficult concepts in understandable language to lay clients, and his command of both fact and law in a case. He has the ability to pick up new areas

of law at short notice and is therefore able to respond to any novel approaches being taken by the opposing side.” (2013). “A commercial silk with genuine energy and natural resources expertise. ” (2014); “A robust advocate, who is insightful and excellent at getting to the core of the most complex cases.” (2015).

Financial Crime: “He’s an astute tactician who gives clear strategic advice. He has a significant civil and criminal fraud track record, and is particularly strong when it comes to navigating complex international disputes. He’s hard-working, incisive and good with clients.” (2015)

Financial Services: “respected for his extensive and  wide-ranging knowledge of the area” and  “excellent understanding” (2009), “counsel of choice for instructions with an international element” (2010) and “a charming opponent, he offers invaluable support to clients and has an effective courtroom manner” (2011).”He’s very accessible, very easy to deal with and very good in a tight corner.” “He knows his stuff and he has a great deal of gravitas. He acts for the FSA and individuals, and I think that really does help. It gives him an understanding of how things tick.”(2014); “He’s a very good operator and a master of the detail.” “He is succinct, gives clear advice and always acts in the client’s best interests.” (2015)

Fraud (Criminal): “incisive, judicious and shrewd” (2010); “a sound choice of counsel” (2011),”a go-to silk when you are in a difficult position. He is a good fighter and has very sound judgement.” (2013).”He’s got an amazing eye for detail and is exceptionally organised in the big cases that require certain disciplines that are non- negotiable, such as document control and good chronologies.” “He’s hard-working and conscientious.”(2014).

Fraud (Civil):”An astute tactician who gives clear, strategic advice.” (2014); “When it comes to dealing with freezing injunctions in the Middle East, and compliance with international sanctions, you don’t need to look any further.” “A regulatory and disciplinary expert, he is supremely diligent and a top-class litigator.” (2015).

Professional Discipline: “Phenomenal knowledge… clients appreciate his controlled manner”  (2008) , “a formidable opponent who has a very direct style, proving very engaging with the tribunals.. he has a fine ability to absorb a large amount of facts” (2009) and “undeniably talented, he is comfortable before any tribunal, however complex and  tangled the case may be” (2011); “(Solicitors) have  no hesitation in seeking out Hodge  Malek “, He “is tenacious, has the necessary gravitas and knows how to persuade judges.” (2012). “a constant leader in this area,” “He is a very smooth operator in court. In the case we did I think the other side only realised they’d been smashed over the head right at the end. I’ve never seen another side be quite so crushed.” Named Professional Discipline Silk of the Year by Chambers & Partners 2012.”He is a robust advocate, whose skill set is well suited

to regulatory discipline matters. He is insightful strategically and he has a very good overview of how to get to the core issues of a case.” (2014); “He has unbelievable confidence, and is very straightforward when dealing with cases.” “You get a fully hands-on approach with him.” (2015).

 

Legal 500

Recommended as a leading silk in Banking & Finance he is “Very good on disputes regarding contract interpretation“.  “A hardworking and incisive barrister, with gravitas, polish and sound judgement.”; Business and regulatory crime (including global investigations); “He has a real understanding of the international perspective” “Fearless in acting against the FCA.” ; Commercial Litigation “A hardworking, incisive and polished advocate with gravitas” ; “He has great insight and grasp of highly complex and technical issues.” ; Energy “Excellent on the technical and cross-border jurisdictional issues arising in energy cases.” ; Fraud (civil) “Very well known for international fraud matters.” ; Insurance and reinsurance “A strong choice for his broad practice.”; Professional Discipline and Regulatory Law (including Police Law) “He has a very good sense of what a panel want to hear.”

(2014): Recommended leader in Banking & Finance “He has an excellent understanding of the financial services regulatory environment” ;Business and regulatory crime (including global investigations)”Extremely calm and measured’”; Commercial Litigation “He is able to distil complex legal concepts into pragmatic applicable solutions”; Fraud (Civil)”A true ‘street fighter’, who commands the respect of the judiciary.”; Fraud (Criminal) “Extremely calm and measured”; Energy – “an uncanny ability to weave a compelling narrative from disparate facts” “Can weave together a complex set of facts into a coherent whole”; Insurance & Reinsurance – “Particularly good on tactics in complex international matters” “Good on tactics”; Professional discipline and regulatory law (including Police Law) “Very highly rated for professional discipline work”.

Legal Experts, 2012:
Leading expert in Banking, Commercial Litigation, Crime, Fraud (asset recovery) and Insurance/Reinsurance Law.

Related Cases


Conlon v Black Horse [2013] EWCA Civ 1658
Dec 2013, Financial Services; Consumer Credit (PPI)

Mireskandari v Solicitors Regulation Authority [2013] EWHC 907 (Admin)
March 2013, Professional Discipline

JSC BTA Bank v Zharimbetov [2012] EWHC 2912 (Comm)
Oct 2012, Commercial Fraud

Coatman & Anor, R (on the application of) v Council for Licensed Conveyancers
Jun 2012

Ford, R (on the application of) v The Financial Services Authority
Oct 2011, Judicial review, Financial services

Hurndell v Hozier & Anr
Dec 2010, Financial services, Company law

Blue Sky One Ltd & Ors v Blue Airways Llc & Ors
Feb 2010, Aviation, Conflict of laws

Hurndell v Hozier & Anr
Feb 2009, Financial services, Company law

Shahrokh Mireskandri v (1) The Law Society (sued in its capacity as The Solicitiors Regulation Authority) (2) John Gould (3) Nigel Ingram
Feb 2009, Professional bodies

The Queen v (1) IPOC International Growth Fund Limited, (2) Lapal Limited, (3) Albany Invest Limited, (4) Mercury Import Limited
Aug 2008, Money laundering

Ravi Manchanda v Financial Services Authority
Feb 2008, Prosecutions, Financial services

The Attorney General v IPOC International Growth Fund Ltd
Oct 2007, Commercial fraud

Jacques Benichou v Mauritius Commercial Bank
May 2007, Privy Council appeals, Banking law

Woventex Ltd (in Receivership) v Jacques Isaac Benichou & Others
May 2007, Privy Council appeals, Banking law

Government of the Islamic Republic of Iran v The Barakat Galleries Ltd
Mar 2006, Sale of goods, shipping, bailment

Anal Sheikh v The Law Society
Jul 2005, Professional bodies

Legal & General Assurance Society Ltd v The Financial Services Authority
May 2005, Prosecutions, Financial services

Legal & General Assurance Society Ltd v The Financial Services Authority
Jan 2005, Prosecutions, Financial services

Russell Cooke Trust Co v Prentis
Oct 2002, Professional negligence, Financial services

R V Crowe
Jul 2002, Commercial fraud

Habib Bank Ltd v Liverpool Freeport
Jun 2002, Banking law

R (A) v Snaresbrook Crown Court
Jul 2001, Commercial fraud

Russell Cooke Trust Co v Elliott
Jul 2001, Banking law, Financial services

Russell Cooke Trust Co v Elliott
Mar 2001, Banking law, Financial services

R v Secretary of State for Trade and Industry, ex p Greenpeace
Oct 1999, Environmental impact assessment, Judicial review

Baghbadrani v Commercial Union Insurance
May 1999, Insurance & re-insurance

PPL v AEI
Feb 1999, Intellectual property

Brooks v Reliance Mutual
Nov 1998, Financial services

Phillips v Burrows
Jul 1998

Nsubuga v Commercial Union Insurance
Jul 1998, Insurance & re-insurance

PPL v AEI
Jul 1998, Intellectual property

AEI v PPL
Jan 1998, Intellectual property

Barakot v Epiette
Nov 1997, Consumer credit, guarantees and security, Banking law

R v Secretary of State for Trade and Industry, ex p Greenpeace
Sep 1997, Environmental impact assessment, Judicial review

R v Personal Investment Authority, ex p. Burns Anderson
Jan 1997, Judicial review, Financial services

R v Personal Investment Authority, ex p.burns Anderson
Jan 1997, Judicial review, Financial services

NPRT v Allen Allen & Hemsley
Jan 1997, Banking law

R v Customs & Excise, ex p X Ltd
Jan 1997, Money laundering

Abrams v Abrams
Jan 1996, Professional negligence

R v Personal Investment Authority, ex p Lucas Fetter
Jul 1995, Judicial review, Financial services

Westdeutche Landesbank v Islington LBC
Jan 1994, Local government finance, Banking law

Reeves v Thrings
Nov 1993, Professional negligence

Gucci v Gucci
Jan 1991, Intellectual property

Lombard Finance v Brookplain
Jan 1991, Banking law

R v Secretary of State for the Environment, ex p Leicester
Jan 1991, Local government bodies, Competition law

Banque Financiere v Westgate
Jan 1990, Banking law, Insurance & re-insurance

Trafalgar Tours v Henry
Jan 1990, Conflict of laws

Minories v Daryanani
Jan 1989, Banking law

Rae v Yorkshire Bank
Jan 1989, Banking law, Defamation

Banque Keyer v Skandia Insurance
Jan 1988, Banking law, Insurance & re-insurance

Rae v Yorkshire Bank
Jan 1988, Banking law

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