“A brilliant strategist.”
Legal 500 2017
“Fantastically experienced and a man with a global perspective on the law.”
Chambers & Partners 2018
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 (19th ed. 2018) and the joint author of Disclosure (5th ed. 2017), 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).
“A silk with an excellent standing in the wider Financial Bar” Chambers & Partners 2017
“Very good on disputes regarding contract interpretation.” Legal 500 2016
Hodge 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, 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 was 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 also acted on behalf of UBS in relation to proceedings in Italy over the sale of derivativesto the City of Milan. He was also instructed in relation to the LIBOR scandal and to iSwaps.
“A hardworking, incisive and polished advocate with gravitas.” Legal 500 2016
“He has very strong analytical skills and is a leading expert in the areas of disclosure and documentary evidence.” Chambers & Partners 2017
Hodge conducts large scale commercial litigation internationally both in Court and arbitration.
In recent years he 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 is recommended in the various directories. His work encompasses across the field of commercial litigation both in the UK and internationally.
“Hodge Malek QC goes from strength to strength. He is a persuasive, hard-working advocate who can engage and get on well with his clients and put them at ease, and he is exceptionally good on his feet.”
A renowned commercial silk instructed in relation to complex, high-value civil and criminal fraud disputes.” Chambers & Partners 2017
Hodge 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.
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  EWHC 2281, proceedings involving alleged fraudulent technology ventures.
“Respected advocate who brings significant commercial experience to bear upon his established disciplinary practice.” “He’s quick on the uptake, exceptionally thorough and ultra-confident.” Chambers & Partners 2017
Hodge 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 acted in relation to Keydata which was put into administration by the FSA and is the subject of regulatory action. He is also acting for ICE in relation to gasoil.
He was previously named as the Professional Discipline Silk of the Year by Chambers & Partners.
“He has a real understanding of the international perspective.” Legal 500 2016
Hodge 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).
“When it comes to dealing with freezing injunctions and the Middle East you don’t need to look any further than Hodge.” Chambers & Partners 2017
Hodge 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.
Hodge 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 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.
“It’s hard to put into words what a seamless and easy process working alongside him is. He has that very rare talent of being both personable and yet able to give unvarnished advice, good or bad.” Chambers & Partners 2017
“Excellent at synthesising a complex and disparate set of facts into a compelling whole.” Legal 500 2016
Hodge 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.
‘He displays a sound judgement informed by experience.’ Legal 500 2016
Hodge 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 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).
Hodge specialises in procurement ranging from advising local authorities and central government on procurement exercises and disputes to dealing with corruption in the public sector.
Chambers & Partners:
The breadth of Hodge Malek QC’s practice is acknowledged by Chambers & Partners who name him as one of their ‘Stars at the Bar’ as he is 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) “Hodge is concise, impressive and pithy. He will achieve something in a very direct way.” (2017) “He’s extremely personable and is very good at explaining strategy and in giving his views.” (2017) “He has a great instinct for knowing how to deal with the personalities involved in any case, and how the issues are likely to play out. Hodge has a persuasive style of advocacy and is never flustered.” (2018)
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) “He has very strong analytical skills and is a leading expert in the areas of disclosure and documentary evidence.” (2017) “Has great intellectual capacity and the ability to work through papers expeditiously. He grasps all the issues in a short time.” “An astute tactician, who gives clear strategic advice.” (2018)
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).”It’s hard to put into words what a seamless and easy process working alongside him is. He has that very rare talent of being both personable and yet able to give unvarnished advice, good or bad.” (2017) “A very good all-rounder.” “He impresses with his intellectual capacity and his ability to grasp all the issues in a short period of time.” (2018)
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) “One of the leading silks in the area of financial crime and regulatory investigations. He is very good at presenting to clients and is great to have on the team as he has gravitas and great judgement.” (2017) “He has a very sharp intellect and is a lawyer of the highest calibre.” “Hugely knowledgeable and wonderful to work with,” “he is approachable, collaborative and someone who provides sound and practical advice to complex problems.” (2018)
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) “A towering figure in the financial services sector thanks to his work on a series of high-profile international cases on behalf of financial institutions as well as regulatory bodies.” “He has gravitas and wise judgement on issues with wide implications.” “He’s strategic and very good at presenting to clients. He’s great to have on your team (2017) “Fantastically experienced and a man with a global perspective on the law.” (2018)
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). “Hodge Malek QC goes from strength to strength. He is a persuasive, hard-working advocate who can engage and get on well with his clients and put them at ease, and he is exceptionally good on his feet.” “He is an astute tactician who gives clear strategic advice.” “A renowned commercial silk instructed in relation to complex, high-value civil and criminal fraud disputes.” (2017) “Has a tremendous intellect and capacity to work on highly complex cases with the ability to deliver solutions to clients in the shortest possible time period.” “A doyen in the area of civil fraud.” (2018)
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). “Respected advocate who brings significant commercial experience to bear upon his established disciplinary practice.” “He’s quick on the uptake, exceptionally thorough and ultra-confident.” “He is a highly effective advocate who very rarely fails to deliver on his chosen strategy.” (2017) Very able, very versatile and very thorough.” “A very assured and confident advocate who is able to deal with complex legal and factual issues in an unpretentious and measured way. He has very strong analytical skills.” (2018)
Recommended as a leading silk in Banking & Finance he is ‘A brilliant strategist. “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); ‘Practical and clear, he is a very good leader of a team.’ “He has a real understanding of the international perspective” “Fearless in acting against the FCA.” ; Commercial Litigation ‘A very assured and confident advocate with very strong analytical skills.’ “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.” ; Financial Services ‘Very highly rated for financial services, fraud and anti-corruption work.’ Fraud (civil) ‘A leading expert on disclosure and documentary evidence.’ “Very well known for international fraud matters.” ; Insurance and reinsurance ‘Helpful and insightful.’ “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”.
Medsted Associates Ltd v. Canaccord Genuity Wealth (International) Ltd  EWHC 1815 (Comm),  1 W.L.R. 314 (CFDs, broker fiduciary duties).
Simpkin v. The Berkley Group Holdings Plc  EWHC 1472 (QB),  4 W.L.R. 116 (directors remuneration, legal professional privilege).
JSC Mezhdnarodniy Promyshlenniy Bank v. Pugachev  EWHC 2426 (Ch) (trusts and s.423 transactions at an undervalue).
Intercontinental Exchange Inc v. Competition and Markets Authority  CAT 6,  Comp. A.R. 125 (merger control).
Simpson v. Promontoria  EWHC 140 (Ch) (banking, embedded swaps).
Khorafi v. Bank Sarasin  DIFC CA 003 and 008 (financial services, structured notes).
High Commissioner for Pakistan in the United Kingdom v. Prince Mukkaram Jah  EWHC 1465 (Ch), 2016] W.T.L.R. 1763;  EWHC 1418 (Ch) (act of state).
Ryanair Holdings Plc v. Competition and Markets Authority  CAT 14,  Comp. A.R. 262 (merger control).
Roberts v. Financial Conduct Authority  UKUT 408 (TCC) (financial services regulation).
The High Commissioner for Pakistan in the United Kingdom v. National Westminster Bank Plc  EWHC 55 (Ch) (sovereign immunity, discontinuance).
BE v. DE  EWHC 2318 (Fam),  Fam Law 1387 (without prejudice communications).
Ryanair Holdings Plc v. Competition Commission  CAT 3,  Comp. A.R. 213 (merger control).
Plevin v. Paragon Personal Finance Ltd  EWCA Civ 1658,  UKSC 61,  1 W.L.R. 4222 (payment protection insurance, consumer credit).
Mireskandari v. Solicitors Regulatory Authority  EWHC 636 (Admin) (solicitors disciplinary proceedings).
McWilliam v. Norton Finance  EWCA Civ 818 (payment protection insurance, brokers duties).
Renpower Investments Ltd v. Clark Willmott LLP  EWHC 800 (QB) (energy, solar farms).
R (Coatman) v. Council for Licensed Conveyancers  EWHC 1648 (Admin) (financial services, judicial review).
Conlon v. Black Horse Ltd  C.T.L.C. 193,  EWCA Civ 1658 (payment protection insurance, commissions).
R (Ford) v. Financial Services Authority  EWHC 2583 (Admin),  1 All E.R. 1238;  EWHC 997 (Admin),  Lloyd’s Rep. F.C. 461 (financial services, legal professional privilege).
JSC BTA Bank v. Zharimbetov  EWHC 2784 (Comm) (banking fraud, privilege against self-incrimination);  EWHC 2912 (Comm) (contempt).
Mahan Air v. Blue Sky One  EWCA Civ 544,  EWCA Civ 771 (aviation, security).
R (British Bankers Association) v. Financial Services Authority  EWHC 999 (Admin),  Bus. L.R. 1531 (financial services regulation, payment protection insurance).
Blue Sky One Ltd v. Mahan Air  EWHC 631 (Comm) (aviation, conversion of aircraft).
Brown v. Innovatorone Plc  EWHC 2281 (Comm) (banking fraud, financial services, jurisdiction).
Brewer v. Mann  EWHC 2444 (QB) (sale of goods).
Hurndell v. Hozier  EWCA Civ 67;  EWHC 3340 (Ch) (beneficial interests shares).
Mireskandari v. Law Society  EWHC 2224 (Ch) (intervention into solicitors practice, indemnity costs).
Mireskandari v. The Law Society  EWHC 185 (Ch) (intervention into solicitors, legal professional privilege);  EWHC 1526 (Ch) (indemnity costs on intervention challenge),  EWCA Civ 864 (recursal of judge).
R (Dean and Dean) v. Law Society  EWHC 2980 (Admin) (intervention, judicial review).
R v. IPOC International Growth Fund Ltd, 2008/No.12, Eastern Caribbean Supreme Court (money laundering, confiscation).
R (Ahsan) v. DPP  EWHC 666 (Admin) (extradition).
Attorney General v. IPOC International Growth Fund, BVI HCV 2007/2008, Eastern Caribbean Supreme Court (money laundering, restraint proceedings, use of documents).
Benichou v. Mauritius Commercial Bank  UKPC 36 (securities and floating charges, insolvency).
Woxentex Ltd (In Receivership) v. Benichou  UKPC 32 (corporate insolvency).
Iran v. Barakat Galleries  EWHC 705 (QB) (antiquities).
Legal and General Assurance Society v. Financial Services Authority , Financial Services and Markets Tribunal (financial services, mis-selling endowment policies).
Manchanda v. Financial Services Authority, FIN 2005/0014 (financial services, fit and proper).
Sheikh v. The Law Society  EWHC 1409 (Ch) (solicitors, intervention).
In the Matter of Poyiadjis [2001-03 MLR 478] (securities fraud, restraint order), 05 MLR 198] (external confiscation order).
Habib Bank Ltd v. Liverpool Freeport (Electronics) Ltd  EWCA Civ 1062 (banking, guarantees, security).
Russell Cooke Trust v. Prentis  EWHC 2227 (Ch),  2 All ER 478 (collective investment schemes, trusts).
Russell Cooke Trust Co. v. Elliott  N.P.C. 69,  All ER (D) 197 (Jul) (client accounts, trusts).
R(A) v. Snaresbrook Crown Court, The Times, July 12, 2001, CA (fraud, company director misappropriation).
Baghbadrani v. Commercial Union Insurance Co. Plc  Lloyd’s Rep. I.R. 94 (insurance, fraud).
R. v. Secretary of State for Trade and Industry, ex p. Greenpeace  C.M.L.R. 94 (conservation areas, oil and gas production).
Phillips v. Burrows (Inspector of Taxes)  STC 107 (tax appeal/assessment).