Bankim Thanki KC > Fountain Court Chambers > London, England > Barrister Profile
Fountain Court Chambers Offices
FOUNTAIN COURT, TEMPLE
LONDON
EC4Y 9DH
England
- Set Profile
- Go to...
Bankim Thanki KC
Position
Bankim Thanki KC is generally recognised as one of the pre-eminent Leading Counsel in practice at the English Commercial Bar. He has been described as “Without a doubt one of the superstars of the UK Bar” and by The Times as “One of London’s leading commercial silks” He commenced practice in 1989 and took Silk in 2003. His practice as King’s Counsel spans a wide range of commercial litigation, arbitration, regulatory investigations and inquiries (public and private) and other high quality civil work.
He has recently appeared for PACCAR and DAF in their successful leap-frog appeal to the Supreme Court from the decision of the Divisional Court on the validity of damages-based litigation funding agreements in the Trucks follow-on damages claim (R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others), in the Court of Appeal in Soteria Insurance v IBM [2022] EWCA Civ 440 and in the Supreme Court in Pakistan International Airline Corporation (Respondent) v Times Travel [2021] UKSC 40. He has acted for Ukraine in proceedings before the Supreme Court in the US$3 billion Eurobond claim brought on behalf of the Russian Federation in the Financial List, in which he secured a significant victories in the Supreme Court [2023] UKSC 11 and in the Court of Appeal [2019] QB 1121, and in defeating a US$6 billion claim concerning minority shareholdings in Ukraine’s largest producer of oil and associated gas in an investment treaty arbitration under the Energy Charter Treaty (Stockholm Chamber of Commerce). He successfully represented Barclays Bank in the case which saw the first judgment handed down in the Financial List in London (GSO Credit v Barclays Bank [2017] 1 All ER (Comm) 421). He also successfully represented BP in the first case brought to trial under the Commercial Court’s Shorter Trials Scheme and he succeeded in overturning Andrews J’s controversial decision in SFO v ENRC in the Court of Appeal: [2019] 1 WLR 791.
Other notable cases in Silk have included leading successfully for GMR in its dispute with the Republic of the Maldives over the international airport at Malé, for Deloitte LLP in its successful appeal against the record fine imposed by the Financial Reporting Council over its involvement with the Phoenix Four/MG Rover, for Vincent Tchenguiz in his civil claim against the Serious Fraud Office, for the Central Bank of Trinidad & Tobago in the public inquiry into the collapse of Colonial Life Insurance, for Lloyds Bank 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 late 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.
Current or recent clients include AstraZeneca, BAE, BNP Paribas, British Airways, BT, the CAA, Credit Suisse, Deutsche Bank, the FCA, Goldman Sachs, GlaxoSmithKline, HSBC, JP Morgan, Lloyds Banking Group, NATS, Qantas, Rolls-Royce, RBS, Teva and UBS. He regularly appears offshore and has also advised several nation states and the central banks of a number of countries including the Deutsche Bundesbank, the Bank of England, the Bank of Namibia, the Central Bank of Belize and the Central Bank of Trinidad & Tobago, as well as the World Bank. For full details see Fountain Court’s’ website.
Career
Called 1988, Middle Temple; (Harmsworth Scholar, 1988; Bencher 2008); Silk 2003. Head of Fountain Court Chambers 2018-2023.
Editor, ‘The Law of Privilege’ (2018, OUP); contributor Seddon, Davison et el, ‘The Practitioner’s Guide to Global Investigations’ (2018, Law Business Research); contributor Coppel, ‘Information Rights’ (2020, Hart); contributor, Brindle & Cox; ‘The Law of Bank Payments’ (2010, Sweet & Maxwell); co-author, Fountain Court on ‘Carriage By Air’, (2000, Butterworths); co-editor ‘Commercial Court Procedure’ (Sweet & Maxwell).
Memberships
Commercial Bar Association.
Education
Owen’s School, Hertfordshire; Balliol College, Oxford (1986 BA First Class Hons; 1989 MA).
Lawyer Rankings
London Bar > Aviation
(Leading Silks)Ranked: Tier 1Described as ‘top of the premier league of aviation barristers,’ Fountain Court Chambers‘ members represent major airlines, lessors and manufacturers in disputes concerning leasing, purchase and redeliveries. Hull damage and loss claims, in addition to fatal incidents also fall within the set’s remit, with barristers representing various parties in accidents involving both fixed wing aircraft and helicopters. Akhil Shah KC was instructed by Qatar Airways in its dispute with Airbus over A350 surface degradation, with Rosalind Phelps KC representing the manufacturer; Qatar Airways alleged that paint peeling from these aircraft, exposing the lightning mesh beneath, constituted a safety hazard and grounded several of the type, while Airbus contended that this was merely a cosmetic issue; the matter was settled in February 2023. Head of chambers Bankim Thanki KC is frequently sought out by lessors engaged in litigation around aircraft condition, maintenance obligations and rent payments, while Michael McLaren KC is acting on several disputes concerning business jets. James Cutress KC has expertise in cross-border aviation matters, with notable strength in advising on leasing issues. Giles Robertson is noted for his expertise in financing issues in the aviation sector, including advising on cases where fraud is alleged.
London Bar > International arbitration: counsel
(Leading Silks)Ranked: Tier 1Bankim Thanki KC –Fountain Court Chambers ‘Bankim is the epitome of the silent killer – smooth, urbane, polite, and ruthlessly effective. He performs devastating cross-examinations in which his interlocutors do not even realise what is being done to them.’
Fountain Court Chambers ‘is a Rolls-Royce amongst London sets when it comes to commercial litigation and arbitration’ with a particularly ‘strong presence in Singapore and India.’ Members have extensive experience in the various institutional arbitration regimes and expertise spanning a wide array of sectors including, most notably, banking and financial services, aviation, construction, energy, infrastructure, insurance, mining and telecoms. Anneliese Day KC and Bankim Thanki KC are involved in heavyweight international disputes, as is Akhil Shah KC, who has a track record of work crossing over with his aviation practice.
London Bar > Financial services regulation
(Leading Silks)Ranked: Tier 1Bankim Thanki KC –Fountain Court Chambers ‘Bankim’s intellect and knowledge are extraordinary; he is also one of the most decent people at the Bar full stop.’
London Bar > Insurance and reinsurance
(Leading Silks)Ranked: Tier 2Bankim Thanki KC – Fountain Court Chambers ‘One of the big names at the Bar. Amazing courtroom presence. Judges love him and he is brilliant with clients.’
Insurance remains a core part of Fountain Court Chambers’s practice, with members representing both insurers and policyholders in cases including high-profile and precedent-setting disputes, including involvement in disputes arising out of the Russian invasion of Ukraine. David Railton KC has been active acting for aviation war risks insurers in litigation arising out of the Ukraine crisis, in the case of Dubai Aerospace Enterprise (DAE) Ltd v Various Insurers. Anneliese Day KC is routinely instructed in substantial and complex insurance matters, whereas Leigh-Ann Mulcahy KC has continued to engage in claims for business interruption losses suffered as a result of lockdowns during the Covid-19 pandemic. Bankim Thanki KC has strong insurance experience linked to his aviation, commercial and banking practices, and Max Evans is a notable junior in the set.
London Bar > Commercial litigation
(Leading Silks)Ranked: Tier 1Bankim Thanki KC –Fountain Court Chambers ‘One of a small handful of truly outstanding commercial appellate advocates. There is no-one better. He’s incredibly bright, a superb lawyer, a highly persuasive advocate with a low-key but devastating style, and judges have the highest respect for him. He’s also a first-rate trial lawyer.’
Sought out to appear in heavyweight Commercial Court, Financial List and Chancery Division cases, Fountain Court Chambers is ‘a top-flight set for commercial work, with excellent silk and junior coverage‘. In Soteria Insurance (formerly CIS General Insurance) v IBM United Kingdom, which concerns a failed IT transformation project, Bankim Thanki KC successfully acted for Soteria in the Court of Appeal on a significant commercial contractual interpretation point. In Federal Republic of Nigeria v JP Morgan Chase, one of the Commercial Court’s largest cases of 2022, Rosalind Phelps KC, leading David Murray, successfully represented the defendant bank against the Nigerian Government’s $870m-plus claim under the Quincecare duty concerning the Malabu oil scandal. Elevated to silk in March 2023, Simon Atrill KC‘s recent track record includes representing a Saudi royal family member in HRH Prince Khaled Bin Sultan Bin Abdulaziz Al Saud v Gibbs, a $30m claim against a former Magic Circle firm partner for allegedly misappropriating investment funds.
London Bar > Fraud: civil
(Leading Silks)Ranked: Tier 1Bankim Thanki KC –Fountain Court Chambers ‘An outstanding barrister in this space, who is extremely clever and highly persuasive, Judges respect him and opponents fear him. Superb quality.’
London Bar > Professional negligence
(Leading Silks)Ranked: Tier 2Bankim Thanki KC –Fountain Court Chambers ‘Very wise, calm manner and excellent at taking difficult decisions. Fights the client’s corner hard in court.’
London Bar > Banking and finance (including consumer credit)
(Leading Silks)Ranked: Tier 1Bankim Thanki KC –Fountain Court Chambers ‘Absolutely top of the barrister tree for banking and finance work. No other barrister has his depth of experience. He’s an outstanding advocate, and judges have enormous respect for him.’
The English Bar Offshore > The English Bar Offshore
(Leading Silks)Ranked: Tier 2Bankim Thanki KC –Fountain Court Chambers ‘Bankim is a thoughtful and masterful tactician who always sees the big picture. His advocacy is surgical and deadly in its effectiveness, exquisite in its courtesy and unflappable in its delivery.’
Fountain Court Chambers is known for its ‘in-depth experience in offshore work’ and has a demonstrably strong track record in both the Caribbean and the Channel Islands for banking and finance, commercial litigation, company law and civil fraud cases. Bankim Thanki KC is praised for his ‘surgical and deadly’ advocacy – his recent offshore caseload includes Ieremeieva v Estera, Lagur and Ivakhiv, in which he acts for two Ukrainian businessmen in a BVI dispute concerning the operation of a trust and the ownership of various Ukrainian companies, the value of which is estimated to exceed $800m. Ben Valentin KC‘s offshore practice focuses on the BVI and Cayman Islands and encompasses fraud, insolvency and shareholder dispute cases, among others. In-demand silk Anneliese Day KC appeared before the Privy Council in A & A Mechanical Contractors and Company Ltd v Petroleum Company of Trinidad and Tobago, which considered the application of ‘without prejudice’ privilege to final account negotiations under a construction contract.