Bankim Thanki QC
Call Date
1988
Silk date
2003
Practice Areas
A broad practice focussed on commercial litigation and other high quality civil work, with a particular emphasis on:
- General Commercial Litigation
- Banking and Finance (including Banking Supervision)
- Aviation
- Civil Fraud
- Commercial Arbitration
- Insurance and Reinsurance
- Professional Negligence
- Sports Law
- Civil Procedure, especially all aspects of disclosure and privilege
Recommendations (Practitioners' Guides)
“Bankim Thanki QC has a ‘phenomenal practice’ that includes banking, aviation, commercial arbitration, insurance and reinsurance, professional negligence and sports law.” (Chambers Guide to the UK Legal Profession)
“… commentators heaped praise upon him, depicting him as a “superb and serious player in this market” whose reputation is formidable amongst his peers.” (Chambers Guide)
“… Bankim Thanki QC truly shines. He ticks several boxes and is a good advocate, he drafts excellent skeleton arguments and is liked by judges.” (Chambers Guide)
“… sources feel he has a "Midas touch whatever he turns his hand to". His fusion of "drive and energy with sheer mental processing power" sets him apart and makes him a great favourite with clients. ... Marked by a "distinct lack of pomposity" and a "willingness to get stuck in", Thanki is the perfect team player and "a great person to be led by." His "clear and authoritative" delivery and "astute tactics" make him "the complete package" …” (Chambers Guide)
“The ‘charming’ Bankim Thanki QC is very well regarded among City solicitors... and his ability to deal with complex financial instruments [make him] the first choice for banking work.” (The Legal 500)
Rated as one of the “Stars at the Bar” by Chambers for several years, Bankim has considerable experience over a broad range of practice areas in which he is ranked by both Chambers and Legal 500. He is described by Legal 500 as “an excellent technical lawyer and advocate” and by Chambers as a “class act”.
Appointments
Bencher, Middle Temple, 2008
Education
- Balliol College, Oxford, 1982-1986
- BA (Oxon): First Class Hons, 1986
- MA (Oxon), 1989
Prizes & Scholarships
Harmsworth Law Scholar, Middle Temple, 1988
Council of Legal Education Studentship, 1987-1989
Professional Experience
Bankim has maintained a broad practice spanning commercial litigation and arbitration and other high quality civil work as a junior and since taking Silk in 2003. Notable cases since taking Silk have included acting for Lloyds TSB Bank in the OFT test case on bank charges, for the Bank of England in Three Rivers, advising the global co-ordinating banks in relation to the IPO of Rosneft, the Russian oil company, acting for Qantas in The Deep Vein Thrombosis and Air Travel Group Litigation and for the Bar Council in Smith v Kvaerner. Current or recent clients include ABN AMRO, BAE, Barclays Bank, British Airways, the Civil Aviation Authority, Credit Suisse, Dresdner Bank AG, Dresdner Kleinwort Wasserstein, the FSA, GE Capital, Goldman Sachs, HSBC, JP Morgan, Lloyds TSB Bank, Morgan Stanley, Qantas, Rolls-Royce, RBS, UBS and Willis.
Bankim also regularly acts for clients offshore and has appeared recently in cases in the British Virgin Islands and the Isle of Man. He is currently advising clients in relation to cases proceeding in the courts of Hong Kong, Singapore and Taiwan.
Recent Practice
Arbitration:
- Acting for BAE in major reinsurance LCIA arbitration against RSA.
- ICC appointed arbitrator in dispute between aviation ancillary services provider and agent
- Acting for major UK aircraft manufacturer in ICC arbitration involving a substantial aircraft engine dispute with US aircraft engine manufacturer
- Acting for major UK corporate group in ICC arbitration involving a substantial project management dispute with French and Swedish companies
- Acting for Eastern European state airline in ICC arbitration involving aircraft maintenance agreement with Pakistani airline
- Acting for aircraft leasing company in UNCITRAL arbitration against Air India relating to a multi-million pound dispute relating to wet leasing of commercial aircraft
- Acting for brokers in ad hoc multi-party arbitration relating to hurricane damage to a luxury hotel complex in the West Indies
- Acting for supplier in substantial ICC arbitration relating to installation of ammonia factory in Greece
- Acting for the assured in claim against insurers in LCIA arbitration relating to significant jewellery theft in Hatton Garden
- Acting in High Court declaratory proceedings to enforce arbitration agreement (Commercial Court)
Aviation:
- Advising parties in relation to collapse of Oasis Hong Kong Airlines
- Acting for Qantas in The Deep Vein Thrombosis and Air Travel Group Litigation at first instance (QBD) and in the Court of Appeal
- Advising the CAA on the applicability of the Competition Act to the provision of air traffic services in the UK
- Acted for BAE in claim by the Abu Dhabi state in respect of fuel tank corrosion to BAE 146 aircraft at first instance (Commercial Court) and the Court of Appeal
- Advising the Liquidators of the Flightlease companies in relation to sub-leases of Boeing 737-800 aircraft to South African Airways
- Advising the CAA in relation to rights and obligations arising in respect of ATOL bonds and as to the effect of section 75 of the Consumer Credit Act in the event of tour operator failure
- Acting for Cambodian state airline in multi-million pound leasing dispute with French aircraft leasing company (Commercial Court)
- Acting for Aspreys in Warsaw Convention claim against Royal Brunei Airways in relation to loss of gold and jewellery at Heathrow Airport (Commercial Court)
- Acting for Air Berlin in claim brought by Aviation Investors relating to lease of Boeing 737-400 aircraft (Commercial Court)
- Advising BAE in relation to claims brought by pilots of BAE 146 aircraft in the Australian Capital Territory
- Acting for Boeing in claim to arrest Boeing 747-200F aircraft
Banking and Finance:
- Acting for Lloyds TSB in bank charges test case against the OFT
- Advising Goldman Sachs in connection with multi-million pound derivatives claim by China Aviation Oil proceeding before the Singapore courts
- Advised Barclays Bank in connection with standard form contract terms
- Acting for Coutts in claim by SG Hambros relating to sale of off-shore banking operations (Commercial Court)
- Advising JP Morgan, ABN AMRO, Dresdner Kleinwort Wasserstein and Morgan Stanley, as joint global coordinators of the IPO of Rosneft
- Advising UBS in connection with major litigation involving mobile phone contracts in Nigeria
- Advising Credit Suisse in connection with claim brought by it in the judicial reorganisation of Parmalat in the Brazilian courts
- Advising a Belgian bank in connection with loan note programme relating to Japanese equity investments
- Acting for Morgan Stanley in proceedings brought against it relating to the performance of its equity product (Chancery Division)
- Acting for Sakura Bank in claim brought by Nuova Safim raising issues of interpretation of the ISDA Master Agreement
- Acting for Barclays Bank in substantial claim by investors resulting from the collapse of the Garston Amhurst Group
- Acting for Standard Bank Asia in substantial customer claim in relation to withdrawals from Hong Kong bank account
Civil Fraud:
- Acting for Willis in Commercial Court proceedings arising out of Sphere Drake litigation (PA LMX Spiral)
- Acting for the Bank of England in the BCCI Litigation (Three Rivers), in the Commercial Court, Court of Appeal and the House of Lords in which over 40 officials of the Bank were accused of acting dishonestly in supervising BCCI SA
- Acting for J. Aron in claim by China Aviation Oil alleging seeking to set aside oil derivatives contracts in Singapore on the grounds of fraud
- Acting for Metallgesellschaft in fraud claim by the world’s largest copper producer, Codelco, in connection with US$170 million losses in copper futures trading on the London Metal Exchange (Chancery Division)
- Acting for Rabobank and Utrecht-America Finance Co in relation to fraudulent misrepresentation claim against NatWest (Commercial Court and Court of Appeal)
- Acting for ICL in claim by Department of Social Security relating to multi-million pound computer contract (TCC)
- Acting for General Mediterranean Holdings in fraud claim arising out of the purchase of Medihold and other companies (QBD)
- Acting for Rockland International Corporation in claim relating to fraudulent misappropriation of gemstones from a Kenyan ruby mine (Commercial Court)
- Acting for the State Bank of India and the Punjab National Bank in relation to fraudulent customer claims (Chancery Division)
- Acting for Punjab National Bank in fraud claim against Nigerian and Middle Eastern banks (Commercial Court)
- Acting for firm of accountants defending claims made by former clients relating to misappropriation of monies by rogue partner (Chancery Division)
Civil Procedure (including conflicts, evidence and documentary disclosure):
- Acting for the Bar Council in Smith v Kvaerner – concerning the circumstances in which a judgment can be set aside on the grounds of judicial bias (Court of Appeal, consisting of the Lord Chief Justice, the Master of the Rolls and May LJ)
- Advising leading firm of solicitors in respect of potential conflicts where it ceases to act for some but not all parties to a High Court trial
- Acting for and against leading firms of solicitors in application to prevent them from acting in proceedings on the grounds of conflicts of interest or potential breaches of confidentiality
- Acting for the appellant in Gotha City v Sotheby’s – concerning the scope of waiver of legal professional privilege where there is a limited loss of confidentiality (Court of Appeal)
- Acting for Freshfields in Paragon Finance v Freshfields, the leading authority on the extent of waiver of privilege in the context of claims against legal advisers
- Acting for the Bank of England in Three Rivers 4 – concerning the power to order disclosure against non-parties and control over the archives of the Bingham Inquiry
- Acting for the Bank of England in Three Rivers 5 – concerning the scope of legal advice privilege and the meaning of ‘client’ (Commercial Court and Court of Appeal)
- Acting for the Bank of England in Three Rivers 6 – concerning the extent to which legal advice privilege extends to advice which does not relate to legal rights and obligations and its applicability to inquiries (Commercial Court, Court of Appeal and House of Lords
- Acting for the Bank of England in relation to application by the Liquidators in Three Rivers to exclude witnesses from Court: [2003] EWHC 2950 (Comm)
- Acting for Bank of England in application to curtail cross-examination of its witnesses in the Three Rivers trial (Commercial Court and Court of Appeal : [2005] EWCA Civ 889)
Commercial Litigation:
- Acting for Standard Bank PLC in claim relating to derivatives contract against US oil and gas producer (Commercial Court)
- Acting for Tiscali in claim in the High Court brought by retailer of internet enabled televisions (Commercial Court)
- Acting for the Bank of England in the Three Rivers claim brought by the Liquidators of BCCI SA – the longest ever trial in the Commercial Court
- Acting for JP Morgan in claim by Daiwa in relation to foreign exchange swap and forward transactions (Commercial Court)
- Acted for Credit Suisse in derivatives claim against Bankgessellschaft Berlin (Commercial court)
- Acting for Lindsey Morden Group in multi-million pound breach of warranty claim brought by Eastgate Group, following the acquisition of Hambro Legal Protection (Commercial Court and Court of Appeal)
- Acting for BAE in warranty claim brought by ABM Venture Capital (Commercial Court)
- Acting for Powergen in claim under energy supply contract arising out of its acquisition of TXU
- Acting for the Bank of Namibia in guarantee claim brought by commercial counterparty (Commercial Court and Court of Appeal)
- Acting for the National Commercial Bank of Saudi Arabia in multi-million pound claim against A. P. Møller under purchase orders for bunker fuel oil for shipping in the Arabian Gulf (Commercial Court and Court of Appeal)
- Acting for Bevan Ashford in conversion and restitution claim against Abbey National PLC (Commercial Court)
Conflict of Laws and Private International Law
- Retained to give expert evidence on English Law in proceedings in USA, Brazil and Hong Kong
- Acting for Utrecht-America Finance Corporation in relation to anti-suit injunction sought by NatWest to prevent the continuation of proceedings in the Californian courts
- Acting for the putative owner of the painting Mary with the child Jesus by Joachim Wtewael, thought to have been stolen by a Russian soldier from eastern Germany at the end of World War II, in Federal Republic of Germany v. Sotheby's (QBD). This involved issues of Russian, German and English law, particularly the Foreign Limitation Periods Act
- Acting for Shell in anti-suit injunction proceedings relating to a claim brought in the Texas courts in respect of a fatal helicopter crash in the North Sea
- Advising the corporate purchaser in a major asset acquisition agreement as to the effect under English law of a universal succession under the law of its place of domicile
- Advising Hong Kong corporation in relation to joint venture agreement governed by Japanese law
- Advising litigant imprisoned in Mexico in relation to the variation of a restraint order to permit defence of proceedings in foreign jurisdictions
- Acting for Cambodian state airline in multi-million pound leasing dispute with French aircraft leasing company raising various issues of foreign law (Commercial Court)
- Advising Barclays Bank, Grand Turk, in relation to proceedings concerning equity transactions on behalf of customers in the Turks and Caicos Islands
Insurance and Reinsurance:
- Acting for BAE in major reinsurance arbitration against RSA
- Advising brokers in relation to policy wording in RIBA special conditions incorporated in architects’ E&O policies
- Advising major insurance company on claims under fidelity policies in Hong Kong
- Advising major multi-national insurance group in relation to a £50 million re-financing programme
- Acting for Travelers Insurance in substantial declaratory proceedings against Lloyd’s syndicates (Commercial Court)
- Acting for Heath Lambert in CNA v La Boliviana, a multi-million pound claim relating to the insurance of an oil and gas pipeline in Bolivia (Commercial Court)
- Acting for major multi-national oil company in claim against underwriters relating to damage to a fibre optic cable linking its oil refining facilities to mainland Singapore (Commercial Court)
- Acting for brokers in multi-million pound business interruption insurance claim involving hurricane damage to a major hotel in the West Indies (arbitration)
- Advising brokers in relation to a coverage dispute with E&O underwriters concerning the placing of professional indemnity insurance of a major building contractor
- Acting for the assured in claim against insurers relating to significant jewellery theft in London’s Hatton Garden (arbitration)
- Advising underwriters in relation to claims in the USA and the UK arising out of the destruction of the World Trade Center
- Acting for Home Loans & Finance Ltd in action against Sun Alliance and other insurers for refusal to indemnify it under E&O policy (Commercial Court)
- Acting for insurers in coverage dispute with the makers of an alcoholic beverage subject to a passing off action by the Scotch Whisky Association (QBD)
Professional Negligence:
- Acting for Freshfields at first instance and in Court of Appeal in professional negligence action brought by Paragon Finance in respect of a major mortgage securitisation programme (QBD)
- Acting for another magic circle firm in substantial professional negligence claim brought by Citibank in relation to a receivables financing transaction documented by the firm
- Acting for John Phillips & Co in substantial multi-jurisdiction negligence claim brought by Brock Equities in relation to a complex loan transaction secured by the purchase of US securities in New York (Commercial Court)
- Acting for Heath Lambert in CNA v La Boliviana, a multi-million pound claim relating to allegations of negligent broking of insurance policy relating to a major oil and gas pipeline in Bolivia (Commercial Court)
- Acted for major auction house in defending negligence claim relating to valuation of gold coins in Switzerland (QBD)
- Acted for Dun & Bradstreet in negligence claim against a major firm of solicitors concerning commercial property in Bristol (Chancery Division)
- Acting for Swiss Bank Corporation in the NRG negligence claim against its professional advisers resulting from the acquisition by NRG of the Victory Group (Commercial Court)
- Acting for firm of solicitors seeking contribution from leading and junior counsel in relation to negligent advice in the context of a liability trial (QBD)
- Acting for Morgan Stanley in proceedings brought against it relating to the performance of one of its equity products (Chancery Division)
- Acted for Abbey Life companies in negligence claims against Mortgage Systems Limited (Commercial Court)
- Regularly acts for brokers in relation to claims for negligent broking of insurance and reinsurance policies
Regulatory Work (including Financial Services)
- Acting for Chilean investors in claims against ANZ for misselling investments in emerging market debt products in breach of IMRO rules
- Advising the global co-ordinating banks (ABN AMRO, Dresdner Kleinwort Wasserstein, JP Morgan and Morgan Stanley) in relation to regulatory aspects of the IPO of Rosneft, the Russian oil company
- Advising Deloittes in respect of draft audit regulations issued by the Institute of Chartered Accountants of England and Wales
- Advising a major building society in relation to the potential misselling of mortgages by intermediaries to vulnerable clients
- Acting for the Bank of England as intervener in BCCI v Price Waterhouse, concerning the disclosure gateways in the Banking Acts
- Acting for the Bank of England in Hall v Bank of England, concerning the extent of the Bank’s supervisory powers where the conduct of deposit-taking institutions threatens the interests of depositors
- Acting for the Institute of Chartered Accountants in relation to numerous disciplinary proceedings, including prosecutions arising out of the Polly Peck and CKL affairs
- Acting for architects subject to disciplinary proceedings brought by the Royal Institute of British Architects
- Acting for Deloittes in relation to JDS inquiry by the Institute of Chartered Accountants arising out of collapse of Barlow Clowes
- Acting for Barclays Bank in Deposit Protection Board v Dalia, which determined the meaning of “depositor” for the purposes of the deposit protection scheme under the Banking Acts
- Advising liquidators as to the legal effect of the FIMBRA rules on the liabilities of firms of insolvent financial advisers
- Advising the Bar Council on regulatory matters on a pro bono basis
Sport:
- Appointed mediator in dispute between premiership football club and its kit supplier
- Advising the Interpublic Group of Companies in respect of potential Formula One liabilities arising out of the staging of the British Grand Prix
- Acting for The Football Association in disciplinary proceedings against players and officials of Leicester City FC relating to ticket distribution for League Cup Final
- Advising Channel 5 in relation to the broadcasting of European and domestic football matches
- Advising The Football Association in relation to the broadcasting of European and domestic football matches
- Acting for Wembley National Stadium Limited in relation to claim brought by Vantagepoint Management Consultants (QBD)
- Advising The Football Association in relation to potential claims arising out of the re-development of Wembley Stadium
- Advising The Football Association in relation to sponsorship disputes relating to the FA Cup
- Acting for the sportswear manufacturer, Ellesse, in Conchita Martinez v. Ellesse International which determined whether Miss Martinez was entitled to a contractual bonus on the basis of being ranked the world’s number two singles player (Vice-Chancellor and Court of Appeal)
- Acting for The Football Association in High Court proceedings to prevent the development of its Mini-Soccer scheme (Chancery Division)
- Acting for The Football Association in dispute with Tottenham Hotspur over players' contract terms
Reported Cases
OFT v Abbey National Plc and others, The Times 29 April 2008.
Smith v Kvaerner Cementation Foundations Ltd [2007] 1 WLR 370, [2006] 3 All ER 593, The Times 11 April 2006, CA
Three Rivers DC v. Bank of England (No. 6) [2005] 1 AC 610, [2004] 3 WLR 1274, The Times 12 November 2004, HL; [2004] QB 916, [2004] 2 WLR 1065, [2004] 3 All ER 168, The Times 3 March 2004, CA
Three Rivers DC v Bank of England (No. 3) [2003] 2 AC 1, HL; [2001] 2 All ER 513; [2000] 2 WLR 1241; [2000] 3 All ER 1; [2000] Lloyd's Rep Bank 235, HL, The Times 19 May 2000; [2000] 2 WLR 15, CA; 11 Admin LR 281; The Times 10 December 1998; [1996] 3 All ER 558 (Commercial Court)
The Deep Vein Thrombosis and Air Travel Group Litigation [2004] QB 234, [2003] 3 WLR 956, The Times 14 July 2003, CA; [2003] 1 All ER 935, The Times 17 January 2003 (QBD)
Three Rivers DC v. Bank of England (No. 5) [2003] QB 1556; [2003] 3 WLR 667, The Times 19 April 2003, CA
Amiri Flight Authority v. BAE Systems PLC and Crossair [2003] 2 Lloyd's Rep. 767, CA; [2003] 1 Lloyd's Rep. 50; [2003] 1 All ER (Comm) 1 (Commercial Court)
Three Rivers DC v. Bank of England and HM Treasury (No. 4) [2003] 1 WLR 210; [2002] 4 All ER 881, The Times 4 October 2002, CA
Eastgate Group Ltd v. Lindsey Morden Group Inc [2002] 1 WLR 642; [2002] Lloyd's Rep PN 11, CA; [2001] 2 All ER (Comm) 1050, [2002] CLC 144, CA
Air India v. Caribjet Inc [2002] 1 Lloyd's Rep. 314 (Commercial Court)
National Westminster Bank v. Utrecht-America Finance [2001] 3 All ER 733; [2001] Lloyd's Rep Bank 285; [2001] 2 All ER (Comm) 7; [2001] CLC 1372; (2001) 151 NLJ 784; The Independent 17 May 2001, CA
Hall v. Bank of England [2000] Lloyd's Rep. Bank 186, CA
Paragon Finance plc v. Freshfields [1999] 1 WLR 1183; The Times 22 March 1999, The Independent 16 March 1999, CA
Dowles Manor Properties v. Bank of Namibia, The Times 18 March 1999, CA
Conchita Martinez v. Ellesse International, The Times 31 March 1999; [1999] C.L.Y. 861, CA
Nuova Safim SpA v. Sakura Bank Ltd [1998] Lloyd's Rep. Bank 142, [1999] 2 All ER (Comm) 526, CA
Federal Republic of Germany v. Sotheby's and Cobert Finance, The Times 8 October 1998
City of Gotha v. Sotheby's and Cobert Finance [1998] 1 WLR 114; The Times 3 July 1997, CA
BCCI v. Price Waterhouse [1997] 3 WLR 849; The Times 25 June 1997, Chancery Division
Three Rivers DC v. Bank of England (No. 2) [1996] 2 All ER 363 (Commercial Court)
British Coal Corporation v. Smith [1996] 3 All ER 97, HL; The Times 23 May 1996
Shannon v. Country Casuals, The Times 16 June 1997; LS Gaz 21 May 1997 (QBD)
NRG v. Bacon & Woodrow & Others (acting for Swiss Bank) (Commercial Court)
An aspect of this case is reported at [1995] 2 Lloyd's Rep. 404
Deposit Protection Board v. Barclays Bank and Dalia [1994] 2 AC 367, HL; The Times 20 May 1994; [1992] 3 WLR 945; The Times 9 July 1992, CA
Minories Finance v. Afribank Nigeria [1994] 3 Bank LR 131; [1995] 1 Lloyd's Rep. 134 (Commercial Court)
Gurtner v. Beaton [1993] 2 Lloyd's Rep. 369, CA; The Times 26 March 1992
Southampton City Council v. Academy Cleaning, The Times 11 June 1993 (QBD)
Re: A firm of Solicitors [1992] QB 959, CA; The Times 20 June 1991; The Independent 26 June 1991
Kecskemeti v. Rubens Rabin, The Times 31 December 1992 (QBD)
Publications
Editor, The Law of Privilege (2006) (Oxford University Press).
Contributor, Law of Bank Payments, ed. Brindle & Cox (2004) (Sweet & Maxwell)
Co-author, Carriage by Air (2000) (Butterworths)
Joint-Editor, Commercial Court Procedure (2000) (Sweet & Maxwell)