Call 1998 | Silk 2020
"On top of his game and a rising star."
The Legal 500
Sian Huckett
Deputy Senior Clerk
+44 (0)20 7842 3764
Click here to email
George Hack
Team Leader
+44 (0)207 842 3762
Click here to email
Giles Wheeler QC has been described in Chambers & Partners as a “strong and forceful” advocate who is “top-notch. His drafting skills are excellent, he’s great on his feet, is very user-friendly and his advice is sound”.
He is routinely instructed in a wide-range of substantial commercial litigation and arbitration. His experience covers substantial banking disputes (including mis-selling cases, the Quincecare duty, crypto currency and other fintech disputes, derivatives and POCA matters), civil fraud, breach of fiduciary duty, breach of director’s duty claims, regulatory matters, and professional negligence (with a particular emphasis on finance oriented professions). Giles is comfortable in handling technically complex matters and disputes involving expert evidence.
Giles often works on cases with an international dimension and regularly advises on jurisdiction and foreign enforcement issues. He has experience of litigation governed by foreign law (including experience of arguing foreign law points in the Court of Appeal). Giles also has experience of being instructed as an expert witness in foreign litigation and has given oral evidence on English law and civil procedure in a jury trial in the US District Court.
Giles has been recommended for professional negligence work by the The Legal 500 from 2009 to 2022 and for banking work by Chambers & Partners 2017 to 2022 and The Legal 500 2022.
JP SPC 4 v Royal Bank of Scotland International [2022] 3 WLR 261
Acting for the Bank in defending a claim for over £60 million arising from the much-publicised collapse of the Axiom Legal Financing Fund. The claim was founded on an allegation that the Bank owed the claimants, as the party beneficially interested in sums held in an account with the Bank, a duty of care in tort equivalent to the contractual Quincecare duty. Giles advised the Bank on its response to the claim and appeared for the Bank before the Privy Council in successfully resisting an appeal from the Isle of Man Court of Appeal which had struck out the claim.
Bluewaters Communications Holdings LLC v Bayerische Landesbank, Bernie Ecclestone & Others
Acting for the claimant in a claim for over $500 million arising from allegations that the claimant was prevented from acquiring a substantial stake in Formula One motor racing by Bernie Ecclestone’s bribery of a German banker. The case was one of The Lawyer’s ‘Top 20 cases’ of 2018”.
Munroe K Ltd v Bank of Scotland Plc
Acting for the defendant to a £50 million claim for the alleged mis-selling of several interest rate swaps (including allegations relating to LIBOR manipulation). Giles successfully obtained the striking out of a significant part of the claim on limitation grounds.
Montvale v Terra Raf Trans Traiding & Stati
Instructed by the liquidators of the claimant (part of Anatolie Stati’s Ascom Group) in litigation arising from the collapse of the Ascom/Vitol joint venture to exploit oil and gas fields in Kazakhstan. The claimant sought recovery of funds belonging to the claimant which had been disbursed to other companies under Stati’s control; Giles obtained a worldwide freezing injunction in support of its claim following an unusual two-day on-notice application.
SPL v Addison
Acting for the claimant investment funds (each cells of a Guernsey incorporated cell company, which formed part of the collapsed Arch-Cru investment funds) in a claim for £150 million brought in Guernsey against a former director, alleging breach of duty in the management of the funds (including a breach of the duty to oversee the work of the funds’ investment manager).
Giles regularly acts both for and against banks in connection with a wide variety of banking matters and routinely advises on the issues arising out of the interpretation of complex finance agreements. Giles has extensive experience of handling mis-selling claims (including claims in connection with LIBOR manipulation) and is familiar with disputes of all kinds concerning various forms of derivatives, including in particular interest rate swaps, currency swaps and credit default swaps.
Giles has significant recent experience of disputes in the Fintech area, including disputes involving cryptocurrencies. Other areas where Giles has recent experience include the Quincecare duty, guarantee claims, disputed term loans, mortgages and other securities, letters of credit, the conversion of cheques, and allegations of breach of mandate. Giles has also recently acted for lenders in defending a number of claims brought under s.140A of the Consumer Credit Act.
JP SPC 4 v Royal Bank of Scotland International [2022] 3 WLR 261; [2022] PNLR 22
Acting for the Bank in defending a claim for over £60 million arising from the much-publicised collapse of the Axiom Legal Financing Fund. The claim was founded on an allegation that the Bank owed the claimants, as the party beneficially interested in sums held in an account with the Bank, a duty of care in tort equivalent to the contractual Quincecare duty. Giles advised the Bank on its response to the claim and appeared for the Bank before the Privy Council in successfully resisting an appeal from the Isle of Man Court of Appeal which had struck out the claim.
Goldman Sachs v Videocon [2015] 1 CLC 41
Acting on this matter regarding a decision on the interpretation of section 6 of the ISDA Master Agreement which the Court of Appeal, recognised as being of general importance.
Barclays v UniCredit [2014] 2 Lloyd’s Rep. 59 (CA); [2013] 2 Lloyd’s Rep 1 (Popplewell J)
Acting in a claim for €80 million, arising from disputed credit guarantees which turned on the nature of a contractual requirement to exercise a contractual discretion in a “commercially reasonable manner”.
R on the application of Williams v Financial Ombudsman Service [2008] All ER (D) 35 (Jul)
Acting in a judicial review of a decision of the Financial Ombudsman Service which addressed the extent to which the Ombudsman is entitled to rely on his own knowledge of matters not addressed in submissions/evidence advanced specifically in connection with a complaint.
CSOB v Nomura [2002] All ER (D) 157
Acting in relation to an application for the stay of proceedings on forum non conveniens grounds.
X v Y
Acting for the claimant borrower in an LCIA arbitration arising out of a loan secured by a pledge of shares, in which each party advances allegations of default by the other party under the terms of the loan agreement and in which there is a dispute as to the extent of the respondent lender’s entitlement to retain the shares pledged as security for the loan.
Taylor v Bank of Scotland plc
Acting for the Bank in defending allegations of misrepresentation (including allegations of implied misrepresentation arising from allegations of LIBOR manipulation) in connection with the sale of interest rate hedging products in conjunction with a loan.
Vegesentials Ltd v The Shanghai Commercial & Savings Bank Ltd
Acting for the Bank in defending a claim for damages of over £10 million which are alleged to have been caused by a forged credit reference said to have resulted in the loss of a substantial investment opportunity for the claimant.
Decisive Capital Management SA v Les Geonnais Limited (and others)
Acting for the claimant lender in seeking to recover sums due from the defendant borrowers and guarantor, with the defences raising allegations of misrepresentation and issues of contractual interpretation.
Onfido Limited v Blockchain Access UK Limited
Acting for a cryptocurrency exchange in a dispute over the operation of software designed to assist compliance with know-your-customer rules and anti-money laundering regulations when onboarding customers remotely.
A v B
Acting in a dispute over the provision of a data feed to an investment fund platform provider.
X v Y
Acting in a dispute between credit card providers concerning the funding of refunds arising from the collapse of Thomas Cook.
Munroe K Ltd v Bank of Scotland Plc
Acting for Bank of Scotland in defending a £50 million claim for alleged interest rate swap mis-selling and alleged misrepresentations relating to LIBOR. Giles succeeded in obtaining the striking out of the mis-selling aspect of the claim on limitation grounds on an application heard by Knowles J [2018] EWHC 3583.
United Trust Bank v Miller
Acting for UTB in responding to an application for permission to appeal against a possession order which raised complex issues regarding the duties of litigation friends and the inter-relationship between appeals and applications to set aside an order on grounds of non-attendance, in the context of a party acting through a litigation friend.
Norham Holdings Group Ltd v Lloyds Bank Plc
Acting for Lloyds in defending an interest rate swap mis-selling claim, which also raised allegations of LIBOR manipulation and conspiracy. Appeared (led by Richard Handyside QC) at a two-day preliminary hearing which determined that a basic redress settlement arising from the FCA Review into interest rate hedging products did not give rise to an estoppel preventing the bank from disputing the allegations of mis-selling and did not give the claimant a contractual right to damages for consequential loss.
Atwal v Bank of Scotland Plc
Defended interest rate swap mis-selling allegations in proceedings which settled shortly before trial.
X v Y
Acting in a claim by a broker regarding an agreement to establish a crypto-currency exchange, raising issues concerning the basis on which a claim can be brought to recover contractually due payment denominated in bitcoin.
Rockaria Investments Inc v Lloyds Bank Plc
Acting for Lloyds in obtaining the successful strike out of an interest rate swap mis-selling claim on limitation grounds, turning on the application of s.14A of the Limitation Act 1980 (with an appeal dismissed by consent shortly before being heard in October 2018).
Universal Advanced Technology v Lloyds Bank Plc
Acting for the bank in the Court of Appeal ([2016] EWCA Civ 933) in a second appeal concerning a claim to recover sums mistakenly credited to (and then withdrawn from) the account of the beneficiary of a cancelled BACS transfer.
HDFC Bank Ltd v Essar Steel India Ltd
Acting for the defendant to a claim for repayment of $19 million loan facilities, which raised issues as to the effect under Indian law of a compulsory restructuring mechanism established by the Reserve Bank of India.
Alma Properties v West Bromwich Commercial Ltd
Instructed for the defendant in successfully resisting an application for an injunction to restrain the sale by receivers of property held as security for a £9.3 million loan facility.
Crowborough Properties Ltd v Lloyds Bank Plc
Acting for the defendant in successfully obtaining the striking out of the interest-rate hedge mis-selling claim on the ground of abuse of process/issue estoppel.
Ryfold v Nationwide Building Society
Acting (with David Railton QC) in a substantial mis-selling dispute (which settled on the eve of trial) concerning a fixed rate loan, raising the issue as to whether a fixed rate loan was a regulated investment under FSMA.
Blackwater Securities Ltd v West Bromwich Commercial Ltd
Acting for the defendant in obtaining the summary dismissal of a claim challenging the operation of a market disruption clause relied on to vary the interest charged on a £20 million loan facility.
Marksans Pharma Ltd v Peter Beck & Partner VVW GmbH [2015] EWHC 1608
Acting (led by Richard Coleman QC) for the defendant to a claim concerning an alleged settlement of payment obligations due under the terms of bonds issued by the claimant.
Goldman Sachs v Videocon [2015] 1 CLC 41
Acting in this matter involving a decision on the interpretation of section 6 of the ISDA Master Agreement which the Court of Appeal, recognised as being of general importance.
Barclays v UniCredit [2014] 2 Lloyd’s Rep. 59 (CA); [2013] 2 Lloyd’s Rep 1 (Popplewell J)
Acting in a claim for €80 million arising from disputed credit guarantees which turned on the nature of a contractual requirement to exercise a contractual discretion in a “commercially reasonable manner”.
Giles is instructed in a wide range of litigation arising out of civil fraud allegations and has acted for both claimants and defendants. Giles often advises on proprietary claims, tracing and constructive trusts in the context of civil fraud allegations. This litigation arises in a wide variety of contexts and is indicative of the breadth of Giles’ practice.
Casio v Kaiser [2001] I.L.Pr 43 (CA)
Acting on this matter regarding the interpretation of articles 5(3) and 6(1) of the Brussels Convention in the context of claims for knowing receipt and dishonest assistance against multiple defendants.
X v Y
Advising the defendant investment managers in response to claims by a shareholder in an investment vehicle that he had been induced by a fraudulent misrepresentation allegedly made by the defendants to sell some of his shares to a corporate vehicle controlled by the defendants; and further allegations that the defendants had acquired an interest in the same investment in breach of fiduciary duties and directors’ duties by arranging a sale of shares without complying with agreements giving rights of pre-emption to existing investors.
Vegesentials Ltd v The Shanghai Commercial & Savings Bank Ltd
Acting for the Bank in defending a claim for damages of over £10 million which are alleged to have been caused by a forged credit reference said to have resulted in the loss of a substantial investment opportunity for the claimant.
Bluewaters Communications Holdings LLC v Bayerische Landesbank, Bernie Ecclestone & Others
Acting for the claimant in proceedings in which it is alleged that the claimant was prevented from acquiring a substantial stake in Formula One motor racing by Bernie Ecclestone’s bribery of a German banker. One of The Lawyer’s ‘Top 20 cases’ of 2018.
Montvale Invest Ltd v Terra Raf Trans Traiding Ltd
Instructed by the liquidators of the claimant (part of Anatolie Stati’s Ascom Group) in litigation arising from the collapse of the Ascom/Vitol joint venture to exploit oil and gas fields in Kazakhstan. The claimant sought recovery of funds belonging to the claimant which had been disbursed to other companies under Stati’s control and obtained a worldwide freezing injunction in support of its claim following a two-day on-notice application.
X v Y
Acting for a defendant to a claim to recover the proceeds of a fraud of which the defendant was alleged to have been on notice (although not actively involved in the fraud itself).
A v B
Advising an international property agent in connection with a claim for breach of confidence against a former employee.
Roadchef Employee Benefit Trustees Limited v Ingram Hill [2014] EWHC 109 (Ch)
Acting (led by Michael Brindle QC) for the defendant at the trial of a substantial claim for breach of trust, breach of fiduciary duty, dishonest assistance and deceit, which concerned the transfer of shares held subject to trust as part of an employee share ownership scheme.
Giles is routinely instructed in connection with commercial contractual disputes of all kinds, dealing with a wide variety of issues in that context including disputes over contractual interpretation, rights of termination, and the assessment of recoverable losses. In addition to dealing with domestic commercial disputes, Giles has substantial experience advising and acting in relation to all aspects of the private international law, including jurisdiction issues, anti-suit injunctions, the enforcement of foreign judgments in the English courts and the application of foreign law in the English courts (including knowledge of the provisions of the Rome I and Rome II Regulations). Giles regularly advises on the application of the EC Judgments Regulation 44/2001 and issues of applicable law. Giles also has experience of various foreign laws, including recently handling cases involving Kazakh, French, German, Austrian and Liechtenstein law.
Catalyst Recycling v Nicklehütte Aue [2008] All ER (D) 293 (May) (CA); (2008) Env LR 2
Acting in this matter regarding the legality of shipments of waste metal to a German recycling facility as a matter of German law and the relevant EU regulation on the transhipment of waste.
Rosenberg v Nazarov [2008] All ER (D) 57 (Apr)
Acting in relation to an application to strike out proceedings on grounds of abuse of process where two sets of almost identical proceedings had been brought before the Court; addressed the remedies for a partnership claim.
Texuna International v Cairn Energy [2005] 1 BCLC 579
Addressing the correct approach to an award of security for costs against a claimant located outside the EU and in a jurisdiction where the enforcement of a costs award would be difficult.
Wandsworth Borough Council v Railtrack Plc [2002] QB 756 (CA); [2001] 1 WLR 368
Acting in this case regarding whether Railtrack could be liable in public nuisance as a result of mess caused under railway bridges by roosting pigeons.
Hamilton v Fayed [2001] EMLR 15 (CA)
Obtaining judgment by fraud/in a manner amounting to abuse of process.
X v Y
Advising on the enforcement of a judgment arising from proceedings before a Russian Court and on the availability of an anti-suit injunction to restrain the Russian proceedings.
Little Bridge World Ltd v Hitachi Solutions Europe Limited
Acting for the defendant at the trial of a claim for damages of over £14 million for breach of a software distribution agreement, securing a favourable settlement mid-trial.
Paragon Customer Communications (London) Ltd v Waterloo Solutions Ltd
Acting for the defendant to a claim which settled on the eve of trial arising from a dispute over the printing and distribution of mass-mailing advertising materials.
Grentex & Company Private Ltd v Brintons Carpets Ltd
Acting for the defendant in obtaining a stay of proceedings under article 34 of the Brussels Regulation (Recast) in favour of parallel proceedings before the Indian Courts.
HDFC Bank Ltd v Essar Steel India Ltd
Acting for the defendant to a claim for repayment of $19 million loan facilities, which raised issues as to the effect under Indian law of a compulsory restructuring mechanism established by the Reserve Bank of India.
X v A firm of Solicitors
Instructed for the claimant to advise on a potential claim for negligence governed by German law arising from legal advice given in connection with the restructuring of various securities.
X v Y
Acting for the defendant to arbitration proceedings which raised an issue of Saudi law.
X v Y
Acting for a claimant bringing arbitration proceedings in a claim for $27 million governed entirely by Kazakh law.
Catalyst Recycling v Nickelhutte Aue
Appearing on behalf of the successful claimant, both at trial and before the Court of Appeal, in a claim turning on the legality under German law of the import of metal catalysts into Germany. The claim also raised issues as to the interpretation of the relevant EC regulation, repudiatory breach of contract and the extent of recoverable damages.
Tektrol v International Insurance Company of Hanover [2005] 2 Lloyd’s Rep 701 (CA); [2005] Lloyd’s Rep IR 358
Acting in a dispute over the construction of the exclusions within a business interruption insurance policy and how the exclusion clauses operated where the loss was caused by two independent events.
Profilate Italia v Painewebber Inc [2001] 1 Lloyd’s Rep 715
Acting in relation to an application to set aside an arbitration award on the ground of fraud.
Giles has experience of advising and acting in professional disciplinary matters involving solicitors (acting both for the Law Society and for solicitors), in connection with both interventions and other aspects of solicitors’ professional obligations. Giles has appeared in the Solicitors Disciplinary Tribunal, and in appeals from that Tribunal, on numerous occasions (acting for both the SRA and Respondents). Giles has recent experience in acting for solicitors faced with applications for the production of documents under s.236 or s.366 of the Insolvency Act 1986.
Giles has experience of professional disciplinary matters relating to accountants and other financial services professionals and has experience of judicial review proceedings in a regulatory context.
SRA v Martin
Acting for the SRA in an 11-day hearing before the SDT (and a subsequent appeal to the Divisional Court) concerning a large number of allegations arising out of work carried out by the respondent solicitor in connection with probate work, which resulted in the respondent being struck off. The SDT’s findings were fully upheld on appeal.
SRA v Pinner & Morris
Acting for the respondents in a three-day hearing before the SDT which raised issues regarding whether clients had been sufficiently informed of a conflict of interest to which the respondents were subject.
Tawfiq v Tawfiq
Acting for the respondent in successfully opposing an application in the Central Family Court which sought to prevent the respondent’s solicitors from continuing to act for her in ancillary relief proceedings on the ground of a breach of duties of confidentiality alleged to have been owed by those solicitors to the applicant.
SRA v Broadbridge & Grimes
Acting for the SRA in a hearing before the Disciplinary Tribunal concerning allegations of breaches of the solicitors’ accounts rules, breaches of money laundering regulations, and allegations of mis-conduct in connection with the payment of a trainee solicitor.
SRA v Spio-Aidoo
Acting for the SRA in the Disciplinary Tribunal addressing whether it was proper for a solicitor to sign the statement of truth on a claim form in blank (such a practice having developed amongst certain solicitors handling immigration work).
SRA v King
Acting for the SRA in six-day hearing before the Disciplinary Tribunal regarding allegations of perjury and operating as a solicitor without proper authorisation.
SRA v Gbajabiamila
Acting for the SRA in pursuing allegations of misconduct in the Disciplinary Tribunal which arose out of the findings of an Employment Tribunal that the solicitor had assaulted and otherwise mistreated a domestic employee and had given unreliable evidence to the Employment Tribunal.
Ighalo v Solicitors Regulation Authority [2013] EWHC 661 (Admin)
Acting for the SRA in responding to an appeal against a Disciplinary Tribunal ruling which was brought on the ground of an allegation of bias made against a Tribunal member on the ground of his previous role as an SRA adjudicator.
Giles regularly acts and advises in relation to professional negligence claims for and against a number of professions, with particular experience in relation to both solicitors, directors and financial professionals, including investment managers, accountants and actuaries. Giles has been instructed in a number of substantial professional negligence claims and has also recently dealt with claims against investment managers, solicitors, insurance brokers and professional trustees. In addition, Giles has handled litigation against various other professionals, including architects and engineers.
X v Y
Instructed to act as an English law expert in Swiss proceedings, giving evidence on the duties owed by directors under English law and the consequences of a breach of duty, in particular in the context of a director of an English company exercising corporate voting rights as a shareholder in a Swiss subsidiary.
Montvale v Terra Raf Trans Traiding
Instructed for the BVI liquidator of the claimant in pursuing a substantial claim for breach of duty against its former director, based on the use of company funds to support other companies under common ownership.
SPL v Addison
Instructed on behalf of the claimant investment funds (each cells of a Guernsey incorporated cell company) in proceedings brought in Guernsey (which went to trial in February 2017) against a former director, alleging breach of duty in the management of the funds (including in the supervision of the work of the funds’ investment manager).
X v A firm of Solicitors
Instructed for the claimant to advise on a potential claim for negligence governed by German law arising from legal advice given in connection with the restructuring of various securities.
Wilson v HSBC
Instructed for the defendant to a claim alleging negligent advice in respect of the claimant’s participation in a film-finance partnership designed to mitigate tax liability and which was later subject to HMRC challenge. The case raises issues of limitation and scope of duty, as well as whether the original advice had under-stated the risk of the scheme.
SPL v Arch Financial Products LLP & Farrell
Acting (led by Richard Coleman QC) on behalf of the claimant investment funds (each cells of a Guernsey incorporated cell company) in pursuing a claim for negligence and breach of fiduciary duty against their former investment manager (and claims of dishonest assistance against its principal) which was entrusted with the management of assets in excess of $150 million.
Independent Insurance v Watson Wyatt
Instructed on behalf of the liquidators of Independent Insurance in pursuing claims for around £350 million alleging negligence in the conduct of actuarial reviews of the reserves of Independent. This very substantial litigation raised numerous issues, including the scope of an actuary’s duty of care (and liability for unprofitable business) and the impact of fraudulent activity on the actuary’s work.
Independent Insurance v KPMG
Instructed on behalf of the liquidators of Independent Insurance in pursuing a claim arising out of the same facts against the auditors of Independent.
Giles is regularly instructed on cases with a technological element, including cryptocurrency related matters, and is entirely comfortable in mastering technically complex disputes and evidence.
X v Y
Advising the victim of a substantial cryptocurrency fraud on potential claims to recover access to the lost cryptocurrency, giving detailed consideration to the mechanics of cryptocurrency transactions and the legal obligations of those involved in undertaking and recording them on the blockchain.
Little Bridge World Ltd v Hitachi Solutions Europe Limited
Acting for the defendant at the trial of a claim for damages of over £14 million for breach of a software distribution agreement, securing a favourable settlement mid-trial.
X v Y
Acting for a broker in pursuing a claim regarding an agreement to establish a crypto-currency exchange, raising issues concerning the basis on which a claim can be brought to recover contractually due payment denominated in bitcoin.
Onfido Limited v Blockchain Access UK Limited
Acting for a cryptocurrency exchange in a dispute over the operation of software designed to assist compliance with know-your-customer rules and anti-money laundering regulations when onboarding customers remotely.
A v B
Acting in a dispute over the provision of a data feed to an investment fund platform provider.
Essentially Different Limited v Bank of Scotland
Defending a claim for damages of £150 million for breach of a loan agreement which was advanced on the premise that the claimant had developed novel software technology which comprised an early for of (what is now known as) cloud computing.
Giles Wheeler QC, working with Caren Pegg of Appleby (Isle of Man),…
Season 1: Episode 6
This episode is hosted by Laura John and features a discussion with…
by Giles Wheeler QC One of the many uncertainties created by Brexit…
Sian Huckett
Deputy Senior Clerk
+44 (0)20 7842 3764
Click here to email
George Hack
Team Leader
+44 (0)207 842 3762
Click here to email
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