Bankim Thanki QC
Call date
1988
Silk date
2003
Practice Areas
A broad commercial and high quality civil practice with a particular emphasis on:
- Commercial Litigation
- Banking and Financial Services (including Banking Supervision and non-contentious advisory work)
- Aviation and Travel
- Civil Fraud
- Commercial Arbitration (including the acceptance of appointments as an arbitrator)
- Insurance and Reinsurance
- Professional Negligence
- Media, Sports and Entertainment Law
- Civil Procedure, especially jurisdictional disputes and all aspects of documentary disclosure and legal professional 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)
“His mastery of such a wide range of areas marks him out as “one of the new generation of star silks,” and a “Rolls-Royce barrister” who is “an absolute star across the board.”” (Chambers Guide)
Widely praised for a strong client care ethos, Bankim Thanki QC is currently ranked in no less than 10 practice areas by Chambers Guide, whose ‘Stars at the Bar’ editorial said of him:
“Bankim Thanki QC is “a total star,” who impresses sources from all corners of the market as “a truly exceptional” barrister. He has proven himself more than capable of dealing with a vast variety of matters, from aviation and banking cases to insurance, fraud and professional negligence disputes. His wide-ranging success stems not only from his “incredible depth of intellectual ability” but also from the fact that he is universally acknowledged as “one of the most user-friendly barristers around.” “He is 100% committed to achieving the best result for each individual client,” “provides excellent legal advice in its proper commercial context” and “always remains calm under pressure,” enthuse interviewees. With such a formidable reputation, Thanki is highly sought after for litigation of considerable importance.”
“The coming superstar of the set, he has a multitude of serious cases under his belt relating to bank charges, investment fund management, private equity and corporate finance disputes.” (Chambers Guide)
“A formidable intellect, very hard working but fun to work with” (The Legal 500)
“Bankim Thanki QC was singled out by sources for his "responsiveness" “ wonderfully engaging to work with,” and has “an incredibly relaxed manner” (Chambers Guide)
“Commentators feel that Bankim Thanki QC is going to be the next big star at the set.” “His “clearly thought-out arguments, great intellect and superb service” make him “undoubtedly one of the most effective advocates around.”” (Chambers Guide)
The ‘fantastic’ Bankim Thanki QC, is ‘a joy to work with; as well as being very bright, he has a great and easy way with judges’ (The Legal 500)
"His terrific intellect does not detract from his user-friendly manner and the effective, understated way he presents his case."“Bankim Thanki QC is widely admired by the marketplace for his demeanour and temperament in the courtroom” (Chambers Guide)
"a very polished and accomplished advocate," who wins through due to his "fine temperament, calmness in court and fluent advocacy." Always "measured and persuasive" ... “His "incredibly relaxed manner" means he is guaranteed lots of repeat business from his many fans. He is a standout silk "who knows how to push the buttons for the judge, not the gallery”.” (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)
Bankim Thanki QC is ‘a master of the detail who gives clear, no-nonsense advice that is right on the mark’ (The Legal 500)
“Instructing solicitors note that “both his advisory work and advocacy work are clever, authoritative and innovative, ensuring he is our go-to person for complex cases.”” (Chambers Guide)
Professional Experience:
Bankim was awarded Silk in 2003, at the age of 37.
His practice as Queen’s Counsel spans a wide range of commercial litigation, arbitration and other high quality civil work. Notable cases since taking Silk have included acting for Vincent Tchenguiz in his civil damages claim against the SFO, for the Central Bank of Trinidad & Tobago in the public enquiry into the collapse of Colonial Life Insurance, for Lloyds TSB in the OFT test case on bank charges, for RBS in the principal test case on the enforceability of credit card agreements, for the son of the King of Bahrain in his dispute with the pop star Michael Jackson, for the Bank of England in the Three Rivers litigation, for Qantas in The Deep Vein Thrombosis and Air Travel Group Litigation and for the Bar Council in R (Prudential) v HMRC and Smith v Kvaerner. Current or recent clients include ABN AMRO, AstraZeneca, BAA, BAE, Barclays Bank, bmi, BP, British Airways, British Telecom, the Civil Aviation Authority, Coutts & Co, Credit Suisse, Deutsche Bank, Dresdner Bank, The Football Association, the Financial Services Authority, Goldman Sachs, Heathrow Airport Ltd, HSBC, JP Morgan, Lloyds Banking Group, Morgan Stanley, National Air Traffic Services, Qantas, Rolls-Royce, RBS, South African Airways, the Takeover Panel, Tiscali and UBS.
Bankim has also been instructed to advise the central banks of a number of countries including the Deutsche Bundesbank, the Bank of England, the Bank of Namibia and the Central Bank of Trinidad & Tobago.
He regularly acts for clients offshore and has appeared recently in cases in the British Virgin Islands, Trinidad and Tobago and the Isle of Man. He is currently advising or has recently advised clients in relation to litigation, investigations or inquiries in Abu Dhabi, The Bahamas, Hong Kong, Jersey, Singapore, the Isle of Man, Taiwan and Trinidad and Tobago.
Bankim also regularly provides expert evidence on English law to foreign courts or tribunals and has done so recently for cases before courts in the USA, Hong Kong and Brazil.
He accepts appointments as an arbitrator and has conducted both LCIA and ICC arbitrations.
Bankim was elected a Master of the Bench of The Middle Temple in 2008.
Education:
Balliol College, Oxford
- BA (Oxon): First Class, 1986
- MA (Oxon), 1989
Appointments:
Bencher, Middle Temple, 2008
Harmsworth Scholar, Middle Temple, 1988
Recent Practice:
Arbitration
“Bankim Thanki QC … is a solicitors’ dream, being a go-to QC for anything difficult …” (Legal 500, Arbitration)
“The "unbelievably user-friendly" Bankim Thanki QC is a favourite amongst instructing solicitors, and has widespread experience in commercial arbitration.” (Chambers Guide)
- Appeared for a leading Abu Dhabi bank in defeating a £270 million claim against it concerning an alleged guarantee in respect of a major real estate development in Abu Dhabi (ADCCAC arbitration)
- Appeared successfully for the Scandinavian telecoms company, Sonera, in seeking to enforce Swiss arbitration award for US$ one billion against the Turkish telecoms company Cukurova in the BVI (ICC arbitration)
- Acting for Russian airline in leasing dispute over several Boeing 737 aircraft
- Acting for leading on-line gaming group in £50 million contractual dispute over distribution rights in Spanish market (ad hoc arbitration).
- Acting for the respondents to a multi-million pound LCIA arbitration concerning the validity of the release of liabilities arising in respect of guaranteed secured notes relating to assets in the Russian Federation
- Acting for claimant, a leading emerging markets investment fund, in a substantial ICC arbitration in Geneva involving dispute over Turkish investments made by leading investment fund
- Acting for BAE in major (LCIA) internationalreinsurance arbitration against RSA involving US $3 billion insurance cover for an entire fleet of leased aircraft
- Party appointed sole arbitrator in an ad hoc arbitration concerning the sale of a Bombardier aircraft
- Party appointed arbitrator in LCIA arbitration involving substantial disputed airline revenue streams
- LCIA appointed sole arbitrator in complex dispute between airline and tourism authority
- ICC appointed sole arbitrator in dispute between aviation ancillary services provider and agent
- Acting for leading UK airline in LCIA ticketing dispute with franchised operator.
- 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 substantial UNCITRAL arbitration against Air India relating to 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 and Travel
“He "comprehends every single nuance of the aviation industry" and has a highly versatile practice.”“A versatile aviation practitioner, he also acts for major airlines, insurers and the CAA on liability and regulatory matters”. (Chambers Guide)
“Bankim Thanki QC delivers advice of the highest quality”;“…frequently instructed on significant commercial aviation disputes, as well as on CAA regulatory matters. Clients describe him as ‘extremely talented’ and ‘intellectual, very good in detailed cases’.” (The Legal 500)
“Bankim Thanki QC ‘has a great style and way with the court’ that impresses London’s leading aviation solicitors” (The Legal 500)
“Bankim Thanki QC is a versatile senior counsel who has proved himself extremely adept at handling highly detailed, big-ticket disputes. He has a particular profile in the travel sector for airline-related matters.” (Chambers Guide)
- Advising international airline in relation to European Commission market testing of merger issues
- Advising a number of European aircraft leasing companies over lease dispute with Brazilian airline relating to several Boeing 747 aircraft
- Advising BAE in relation to the sale of its commercial aircraft business
- Acting for bmi in scarce capacity application to the CAA in relation to the Cairo-London route
- Advising in relation to potential claims arising out of snow disruption at Heathrow Airport in December 2010
- Advising aviation regulators in connection with volcanic ash disruption to air traffic
- Acting for Russian airline in substantial leasing dispute over several Boeing 737 aircraft
- Advising the CAA on the regulatory aspects of the merger between two major international airlines
- Advising the All Party Parliamentary Group, chaired by Andrew Tyrie MP, on Extraordinary Rendition
- Advising the CAA on proposed amendments to the ATOL scheme
- Acting for the CAA in judicial review proceedings relating to a takeover dispute between European airlines
- Advising the CAA in relation to the collapse of the XL Travel Group
- Advising parties in relation to collapse of Oasis Hong Kong Airlines
- Acting for leading UK airline in substantial ticketing dispute with franchised operator
- Advising leading African airline over acquisition of Airbus A320-200 aircraft
- Acting for BAE in dispute with RSA involving US $3 billion insurance cover for an entire fleet of leased aircraft
- Acting for South African Airways in leasing dispute over Boeing 747 aircraft
- Acting for the CAA in inquest and subsequent High Court proceedings arising out of fatal gyroplane accident
- 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
- Acting 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 Boeingin claim to arrest Boeing 747-200F aircraft
Banking and Finance
“The “fabulous” Bankim Thanki QC’s “formidable intellect” is always in high demand in prestigious banking and general commercial cases” (Chambers Guide)
“Superb sector knowledge” “A banking and finance virtuoso” (Chambers Guide)
"A proven leader in banking litigation, he has recently acted for the likes of RBS, Deutsche Bank and Coutts. An exceptionally bright performer who is in tune with the client and reads the judge well, he is almost regal in his delivery when in court." (Chambers Guide)
“Bankim Thanki QC is ‘top choice’ for complex financial markets issues.” (Legal 500)
- Acting for the Central Bank of Trinidad & Tobago in the public enquiry into the failure of Colonial Life Insurance Company (Trinidad) Ltd and other entities in the CL Financial Group (Commission of Enquiry chaired by Sir Anthony Colman)
- Acted for Bank Julius Baer in the successful defence of a multi-million pound claim brought by Winnetka Trading over the purchase of NASDAQ listed shares: [2011] EWHC 2030 (Ch)
- Acting for Coutts & Co in the claim against it brought by Sir Keith Mills in relation to acquisition of AIG bonds
- Advising group of leading UK retail banks in dispute with credit card organisation
- Acting for major UK bank in regulatory dispute with the FSA
- Acting for claimant in dispute over liabilities under extensive freight forward contracts governed by ISDA Master terms
- Advising leading German energy company in dispute with Lehman Brothers over cross-currency swap transaction governed by ISDA Master terms
- Acting for leading UK manufacturing and retail group in dispute with Kaupthing Bank HF over facilities agreement and collateral hedging arrangements
- Acting for Lloyds TSB in bank overdraft charges test case against the OFT
- Acting for RBS in credit card test cases in the Mercantile Court
- Acting for Lloyds TSB in PPI selling disputes
- Acting for Deutsche Bank in dispute with Asia Pacific Broadband, a Taiwanese telecommunications company (Commercial Court)
- Acting for leading UK private bank in relation to potential claims arising out of the sale of investment product
- 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
“An exceptional advocate at the set is Bankim Thanki QC, a leading light in the fraud arena, who displays "flair, imagination and composure in his courtroom appearances." Thanki is particularly highly regarded for cases involving international elements” (Chambers Guide)
“Bankim Thanki QC’s “ability to work as a team player, accessibility and sense of humour” make him a perfect candidate for fraud disputes with an international element that involve legal representatives and clients from diverse backgrounds.” (Chambers Guide)
- Acting for Vincent Tchenguiz and various corporate entities in damages claim against the Serious Fraud Office
- Acting for the respondents to a multi-million pound LCIA arbitration concerning the validity of the release of liabilities arising in respect of guaranteed secured notes relating to assets in the Russian Federation.
- Acting for the claimant in a substantial pending ICC arbitration in Geneva involving dispute over Turkish investments made by leading investment fund.
- Acting for Deutsche Bank in dispute with Asia Pacific Broadband, a Taiwanese telecommunications company (Commercial Court)
- Acting for CP-Credit Privé, a Swiss fiduciary house, in a substantial multiparty civil fraud claim involving the acquisition of a telecoms company in Kyrgyzstan (on appeal to Privy Council)
- Acting for HSBC entities in proceedings arising out of the collapse of CSA Absolute Return Fund in Hong Kong
- Acting for the Scandinavian telecoms company, TeliaSonera, in its dispute with Russia’s Alfa Group in the BVI
- Acting for Willis in Commercial Court proceedings arising out of Sphere Drake litigation (PA LMX spiral)
- Advising insurers on coverage issues arising out of the Madoff frauds
- 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, including legal professional privilege):
“He represents “the complete package,”according to solicitors, who can only see him storming further ahead at the Bar as his practice develops” (Chambers Guide)
“An excellent technical lawyer and advocate” (The Legal 500)
- Acting for the Bar Council (intervening in the Court of Appeal) in Prudential v HMRC as to whether legal professional privilege should be extended to communications with accountants.
- Appointed independent expert by Freshfields Bruckhaus Deringer to report on privilege issues, including consideration of the fraud exception, arising in a major commercial dispute – see the judgment of Norris J in BBGP Managing General Partner Limited and others v Babcock & Brown Global Partners [2011] 2 WLR 496, [4]
- 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
“Thoroughly prepared and wholly sophisticated.”“Glossy presentation.” (Chambers Guide)
"A front-rank commercial lawyer with a sure touch." (Chambers Guide)
- Acting for Louise Dreyfus in the US $100 million + claim by ConocoPhillips concerning alleged breaches of warranty in the sale of the Wilhelmshaven Oil Refinery in Germany
- Acting for a partner with Hogan Lovells in giving evidence in the class action before the Superior Court of Quebec against Imperial Tobacco
- Acting for Pioneer Freight Futures in dispute with Cosco Bulk Carrier over interpretation of 1992 ISDA Master (Commercial Court)
- Acting for the claimant in a multi-million pound dispute over the construction of a West African gas pipeline for the supply of natural gas from Nigeria to other West African states.
- Acting for Deutsche Bank in dispute with Asia Pacific Broadband, the Taiwanese telecommunications company (Commercial Court)
- Acting for the Scandinavian telecoms company, TeliaSonera, in its dispute with Russia’s Alfa Group in the BVI
- Acting for leading UK telecoms company in dispute relating to securitization revenue streams
- Acting for claimant in dispute over liabilities under extensive freight forward contracts governed by ISDA Master terms
- Advising leading German energy company in dispute with Lehman Brothers over cross-currency swap transaction governed by ISDA Master terms
- Acting for leading UK manufacturing and retail group in dispute with Kaupthing Bank HF over facilities agreement and collateral hedging arrangements
- Acting for Lloyds TSB in bank overdraft charges test case against the OFT
- Acting for RBS in credit card test cases in the Mercantile Court
- Acting for leading UK private bank in relation to potential claims arising out of the sale of investment product
- Acting for leading Swiss private bank in fund transfer dispute
- 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)
- Acting 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. Møllerunder 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
“Thanki is a favourite of offshore clients and has appeared in proceedings in the BVI, Hong Kong and Singapore” (Chambers Guide)
"the go-to person for complex jurisdictional issues." (Chambers Guide)
“Thanki is particularly highly regarded for cases involving international elements, and recently acted in Deutsche Bank v Asia Pacific Broadband” (Chambers Guide)
- Acting for Deutsche Bank in dispute with Taiwanese telecom company on the interpretation of Article 23 of Council Regulation (EC) 44/2001 (Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters).
- 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
“Instructing solicitors appreciate his significant intellectual prowess and tremendous powers of analysis” (Chambers Guide)
“Bankim Thanki QC recently demonstrated his credentials acting as lead counsel for the defendant in American Reliable v Willis, a dispute arising out of the PA LMX market” (Chambers Guide)
“The "immensely helpful and intellectually formidable" Bankim Thanki QC is deemed "highly responsive and incisive." Of late, he has impressed especially when handling coverage issues arising out of the Madoff frauds.” (Chambers Guide)
- Advising insurers over coverage issues arising out of the collapse of major italian corporation
- Acting for Heath Lambert in commission dispute arising out of the collapse of Independent Insurance (Commercial Court)
- Advising insurers on coverage issues arising out of the Madoff frauds
- Acting for BAE in major reinsurance dispute with RSA involving US $3 billion insurance cover for an entire fleet of leased aircraft
- 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
“Also winning garlands, Bankim Thanki QC has a broad practice that includes a substantial amount of finance-related professional negligence work. He has acted for some of the most high-profile organisations in the City, always approaching matters with "the smoothness, clarity of mind and fluency of delivery" that are his hallmarks” (Chambers Guide)
“Peers and clients say Bankim Thanki QC “has superb sector knowledge and is a safe pair of hands,” rating him highly for his financial expertise.” (Chambers Guide)
“Bankim Thanki QC is "a talented performer and a very good advocate." Solicitors say that he is the choice for negligence claims requiring an "unflappable" barrister with a client-friendly approach” (Chambers Guide)
- Acted for Bank Julius Baer in the successful defence of a multi-million pound claim brought by Winnetka Trading over the purchase of NASDAQ listed shares: [2011] EWHC 2030 (Ch)
- Acting for Coutts & Co in the claim against it brought by Sir Keith Mills in relation to the acquisition of AIG bonds
- Advising in relation to trust administration issues arising out of litigation relating to the Jack Walker Settlement Trust in Jersey
- Acting for firm of Bahamian attorneys defending negligence claim over acquisition of real estate in the territory of the Commonwealth
- Advising major UK private bank in relation to potential claims arising out of the sale of investment products
- Acting for Swiss private bank in relation to claims arising out of allegedly negligent fund transfers (Chancery Division)
- Acting for Credit Suisse in dispute over the sale of investment products (Commercial Court)
- Acting for Morgan Stanley in proceedings relating to the performance of one of its equity products (Chancery Division)
- 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)
- Acting for major auction house in defending negligence claim relating to valuation of gold coins in Switzerland (QBD)
- Acting 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 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)
“… he has a multitude of serious cases under his belt relating to bank charges, investment fund management, private equity and corporate finance disputes.” (Chambers Guide)
“Bankim Thanki QC handles a considerable amount of financial services work as part of his extremely impressive wider banking practice.” (Chambers Guide)
- Acting for the FSA in R (Ford) v Financial Services Authority [2011] EWHC 2583 (Admin)
- Acting for the FSA in the Winterflood share ramping case before the Financial Services and Markets Tribunal and before the Court of Appeal, relating to the interpretation of the Code of Market Conduct issued under s. 119 of FSMA 2000 (reported in The Times, 3 April 2009 and 9 March 2010)
- Advising major bank in relation to investigation by the regulatory authorities of Jersey
- Advising the Securities and Futures Commission of Hong Kong on potential legal professional privilege issues arising out of document management system
- Acting for major UK bank in regulatory dispute with the FSA
- Advising the FSA on legal professional privilege issues arising out of ongoing regulatory investigations
- Acting for the CAA in judicial review proceedings arising in the context of a takeover dispute between two European airlines
- 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, Media and Entertainment
“At Fountain Court Chambers, Bankim Thanki QC acted in a high-profile case against Michael Jackson. He also handles football and Formula One disputes.” (The Legal 500)
“Excellent for football work” (Chambers Guide)
“Fountain Court Chambers’ Bankim Thanki QC is recognised for his knowledge of image and brand exploitation rights.” (Legal 500)
- Acting for leading on-line gaming group in £50 million contractual dispute over distribution rights in Spanish market.
- Acting for Sheikh Abdulla, the son of the King of Bahrain, in his well-publicised dispute with the pop star Michael Jackson.
- Advising investors in relation to Formula One banking and re-structuring issues.
- 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:
R (on the application of Prudential PLC) v HMRC [2013] UKSC 1 (Supreme Court); [2011] QB 669, [2011] 2 WLR 50, CA
AK Investment CJSC v Kyrgyz Mobil Tel [2012] 1 WLR 1804; [2011] 4 All ER 1027; [2012] 1 All ER (Comm) 319; [2011] 1 CLC 205; [2011] UKPC 7 (Privy Council)
R (Ford) v Financial Services Authority; [2012] 1 All ER 1238; [2012] 1 BCLC. 622; [2012] Lloyd's Rep. FC 49; [2012] 3 Costs L.O. 319; [2011] EWHC 2583 (Admin)
Winnetka Trading v Julius Baer [2012] 1 BCLC 588; [2011] EWHC 2030 (Ch)
Lornamead Acquisitions v Kaupthing Bank [2011] EWHC 2611 (Comm)
Winterflood Securities v Financial Services Authority [2010] 2 BCLC 502; [2010] Lloyd's Rep. FC 514
Carey v HSBC [2010] Bus LR 1142, The Times 25 January 2010
OFT v Abbey National Plc and others [2010] 1 AC 696, The Times 26 November 2009, (Supreme Court); [2010] EuLR 309, [2009] 2 WLR 1286, [2009] 2 CMLR 30, The Times 3 March 2009, CA; [2008] 2 All ER (Comm) 625, The Times 29 April 2008.
Deutsche Bank AG v Asia Pacific Broadband Wireless Communications [2008] 2 Lloyd’s Rep. 177.
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 Times31 December 1992 (QBD)
Publications:
Editor, The Law of Privilege (2nd ed., 2011) (Oxford University Press).
Contributor, Law of Bank Payments, ed. Brindle & Cox (4th ed., 2010) (Sweet & Maxwell)
Co-author, Carriage by Air (2000) (Butterworths)
Joint-Editor,Commercial Court Procedure (2000) (Sweet & Maxwell)
Affiliations:
Commercial Bar Association
London Common Law and Commercial Bar Association
LCIA
British Association of Sport and Law.