Philip Hinks

Philip Hinks

Call: 2008

'Polished and articulate, he prepares strong submissions on technical areas of foreign law.'

- Legal 500 UK Bar (2024)

'One of the best and most sought-after juniors in relation to commercial litigation disputes. He is always responsive and is adept at devising creative solutions for clients.'

- Legal 500 UK Bar (2024)

'Philip is a superb communicator who provides clear and precise advice in all situations. He is a pragmatic but firm advocate who is able to think quickly on his feet.'

- Legal 500 UK Bar (2024)

'User-friendly and highly-skilled junior, one of the best and most sought-after juniors in relation to fraud disputes. His advocacy is measured and calm, typically builds a good rapport with judges'

- Legal 500 UK Bar (2024)

‘He is brilliant at analysing complex factual and legal issues. He works like a Trojan to get the best possible results for the client. With Phil on your side, the other side are in for a tough time.'

- Legal 500 UK Bar (2024)

Practice Overview

Philip is a leading junior who is regularly instructed in high-value, complex matters, particularly in relation to civil fraud, general commercial, financial services and insolvency disputes.

The directories describe him as “without a doubt, one of the top juniors at the Bar”, “outstandingly clever, charming and responsive”, “seriously impressive and will no doubt be a star of the future”, “a real brainbox”, “a fearless advocate”, “a sophisticated and erudite adviser”, “frighteningly efficient and very bright”, “exudes authority and has the ability to grasp complex issues quickly”, “someone you want to have on your team at a crisis” and “a really excellent junior.”

Philip has been instructed in many of the most high-profile civil fraud disputes to come before the courts in recent times.  He acted for one of the Defendants to a $300m claim based on an alleged conspiracy to misappropriate shares in the Russian fishing giant, Norebo: Tugushev v Orlov.  He represented one of the Defendants to a $400m fraud claim in a dispute concerning the alleged siphoning off of oil payments in Ukraine and Russia: Re PJSC Tatneft.  He represented the Defendants in a billion-dollar conspiracy claim brought by Qatar based on alleged ‘spoofing’ activity in the financial markets: Qatar v Banque Havilland.  He is currently representing the Claimant liquidators in a billion-dollar fraud claim arising from alleged misappropriation of gold bullion loans in India: Harrington & Charles Trading Company v Mehta.

Philip has considerable experience in cyber fraud cases, including those involving the misappropriation of crypto assets.  He is described in the directories as “a go-to barrister for cases involving cryptocurrencies.”  He acted for the victim of a $10m cyber fraud in CMOC Sales & Marketing, the first case where a freezing injunction was obtained against anonymous cyber fraudsters.  He represented the victim of a €15m cyber fraud in Foglia v The Family Officer, successfully tracing and recovering the large majority of the stolen funds.  He is frequently engaged to obtain urgent injunctions and disclosure orders on behalf of the victims of authorised push payment frauds and ransomware attacks.

Philip is a leading practitioner in financial services disputes.  He represented the FCA in the Supreme Court in what is the leading authority on collective investment schemes: FCA v Asset Land.  He appeared in FCA v 24 HR Trading Academy, obtaining summary judgment for the FCA on the basis that the defendant had engaged in various regulated activities without authorisation or exemption.  He writes the chapter on collective investment schemes in Financial Services Law (Walker & Purves, eds) and is often instructed to advise on whether business activities contravene financial services legislation.

Philip has substantial group litigation experience, particularly in fraud related claims.  He acted for the lead Claimant group in Manning & Napier v Tesco plc, the highly publicised $300m shareholder claim arising from the supermarket’s profit overstatements in its financial reporting.  He is currently acting for one of the Claimant groups in the Glencore plc litigation, where claims under ss.90 and 90A of FSMA are brought in connection with alleged misstatements in and omissions from Glencore’s prospectuses and published information.

Philip is ranked in Chambers & Partners UK, Chambers & Partners Global and Legal 500 as a leading junior in the following practice areas:

  • Civil fraud
  • Commercial dispute resolution
  • Financial services
  • Insolvency/restructuring
  • Offshore
  • Commercial chancery
  • Company

Philip’s recent cases include:

Harrington & Charles Trading Company Ltd v Mehta [2023] EWHC 998 (Ch), [2023] EWHC 609 (Ch), [2023] EWHC 307 (Ch), [2022] EWHC 2960 (Ch).  Acts for the Claimant liquidators in a billion-dollar fraud claim.  It is alleged that gold bullion loans were misappropriated in India and laundered through a web of companies across multiple jurisdictions (led by Ewan McQuater KC and Ian Wilson KC, instructed by Hogan Lovells).

The Glencore plc Litigation.  Acts for one of the Claimant groups in a ss.90 and 90A FSMA claim based on alleged misstatements in and omissions from Glencore’s prospectuses and published information.  Case allocated to the Financial List (led by Mark Howard KC and David Mumford KC, instructed by BCLP).

State of Qatar v Banque Havilland [2021] EWHC 2172 (Comm) and [2020] EWHC 1248 (Comm).  Acted for the Defendants in a billion-dollar unlawful means conspiracy claim brought by the State of Qatar.  Involved allegations that the Defendants conspired together to cause loss to the Qatari economy through ‘spoofing’ activity in the financial markets (led by David Quest KC, instructed by Reed Smith).

Tugushev v Orlov [2021] EWHC 1541 (Comm).  Acted for one of the Defendants to a $300m fraud claim where it is alleged that the Defendants conspired together to misappropriate the Claimant’s shares in the Russian fishing giant, Norebo (instructed by PCB Byrne).

Banque Havilland (Bahamas) v Mazurier (2021).  Acted for the Claimant bank in a claim to rescind various business introducer agreements allegedly entered into in breach of fiduciary duty (instructed by Lennox Paton).

Foglia v The Family Officer Ltd & others [2021] EWHC 650 (Comm).  Acted for the victim of a cyber fraud pursuant to which €15m was stolen from the claimant’s bank account.  Freezing injunctions were obtained and summary judgment on the merits was eventually entered in the client’s favour (led by Paul Lowenstein KC, instructed by FieldFisher).

Manning & Napier v Tesco PLC [2020] EWHC 2106 (Ch), [2019] EWHC 3312 (Ch) and [2019] EWHC 2858 (Ch).  Acted for the lead claimants in proceedings against Tesco arising from Tesco’s public overstatements of its profits (in the region of £300m) between 2010 and 2014.  Owing to its high value and general public importance, the claim was allocated to the Financial List (led by Peter de Verneuil Smith KC, Instructed by Morgan Lewis & Bockius).

Camelot v Goodram [2020] EWHC 2499 (QB).  Acted for Camelot, the National Lottery licence operator, in a claim brought against it by the winner of a £4m lottery scratchcard prize where it was alleged that the scratchcard had been purchased using a stolen bank card.

Vneshprombank v Bedzhamov (2019).  Acted for the claimant in obtaining a worldwide freezing order in the sum of £1.34 billion, search and seizure orders and passport surrender orders on behalf of the liquidator of a Russian bank, Vneshprombank LLC (VPB).  The orders were obtained against Georgy Bedzhamov, a Russian national currently living in London (led by Paul McGrath KC, instructed by PCB Litigation).

Re CMOC Sales and Marketing (2017).  Acted for the victim of a sophisticated cyber fraud, pursuant to which approximately $10m of the claimant’s funds were misappropriated (led by Paul Lowenstein KC, instructed by Cooke Young & Keidan).

PJSC Tatneft v Bogolyubov & others [2017] EWCA Civ 1581. Acted for one of the Defendants to a $400m fraud claim in a dispute concerning the alleged siphoning off of oil payments in Ukraine and Russia (led by Ali Malek KC, Ewan McQuater KC and Matthew Parker, instructed by Enyo Law).

BMW v Garson (2017).  Acted for BMW in its claim against a former employee who defrauded BMW of £6m by manipulating its electronic payment systems (instructed by PCB Litigation).

Bank of Moscow v Chernyakov (2016).  Acted for the Bank of Moscow in an urgent application for a worldwide freezing order and a passport-surrender order against a Russian oligarch who was temporarily present in the United Kingdom (led by Clive Freedman KC, instructed by PCB Litigation).

Recent cases include:

The Glencore plc Litigation.  Acts for one of the Claimant groups in a ss.90 and 90A FSMA claim based on alleged misstatements in and omissions from Glencore’s prospectuses and published information.  Case allocated to the Financial List (led by Mark Howard KC and David Mumford KC, instructed by BCLP).

Vx Freighter Investment v Allianz Global & others.  Acts for the owner of a Boeing aircraft that was leased to a Russian airline and that has been detained in Russia following the imposition of sanctions against Russia.  The claim is brought against reinsurers for the total constructive loss of the aircraft (led by Tom Weitzman KC, instructed by Morgan Lewis and Bockius).

Drax Smart Generation Holdco Ltd v Scottish Power Retail Holdings Ltd [2023] EWHC 412 (Comm).  Acts for the Claimant in a breach of warranty claim arising from the sale of a power station (led by David Quest KC, instructed by Clyde & Co).

Parker-Grennan v Camelot UK Lotteries [2023] EWHC 800 (KB).  Acts for Camelot in a £1m claim brought against it by a customer (instructed by Browne Jacobson).

Ashco International Ltd v Mercantile Investment Holdings SA (2020).  Acts for c.100 investors in group litigation arising from the sale of long leases in two hotels as alternative investments (instructed by Hugh James Solicitors).

Bitar v Banque Libano-Francaise SAL [2023] EWHC 17 (KB).  Acted for the Defendant Lebanese bank in a $5m claim brought against it by one of its customers in connection with the financial crisis in Lebanon (led by Raj Pillai KC, instructed by Dechert).

BOC Aviation v SpiceJet (2021).  Acted for the lessor in a $30m claim for monies due under various aircraft leases in circumstances where the Defendant airline alleges that the leases have been frustrated by the COVID-19 pandemic (instructed by Morgan Lewis & Bockius).

ROVOP v Atlantic Marine (2021).  Acted for the manufacturer and supplier of submersible remotely operated vehicles (ROVs) in mandatory injunction proceedings for the delivery up of an ROV and ancillary relief (instructed by Brodies).

Manning & Napier v Tesco PLC [2020] EWHC 2106 (Ch), [2019] EWHC 3312 (Ch) and [2019] EWHC 2858 (Ch).  Acted for the lead claimants in proceedings against Tesco arising from Tesco’s public overstatements of its profits (in the region of £300m) between 2010 and 2014.  Owing to its high value and general public importance, the claim was allocated to the Financial List (led by Peter de Verneuil Smith KC).

Super-Max & Actis LLP v Malhotra [2017] EWHC 3246 (Comm).  Acted for the majority shareholder in the Super-Max Group, the second largest manufacturer of razor blades in the world, in a claim against the Group’s minority private equity investor (led by Ali Malek KC and Jonathan Adkin KC, instructed by Akin Gump).

Plutus Capital Limited v Siddiqi (2017).  Acted for a shareholder in a breach of contract claim relating to the development of environmentally friendly automobile technology (led by Alan Gourgey KC, instructed by Turner Parkinson).

Recent cases include:

Re Provident SPV Ltd [2021] EWHC 1341 (Ch) (convening hearing) [2021] EWHC 2217 (Ch) (sanction hearing).  Acted for the Customer Advocate in respect of a scheme of arrangement proposed by the Provident group of companies which affected 5 million customers (instructed by McCarthy Denning).

Re Loch Fyne Oysters [2020] EWHC 3521 (Ch).  Acted for the Defendants in a claim for repayment of an alleged unlawful dividend and fictitious management charge (instructed by Brodies).

Re Bannergable (2020).  Acted for the Claimant liquidator in a £2m misfeasance claim based on an unlawful dividend made in the context of an employee-benefit tax avoidance scheme.

Re Mediterranean Insurance and Reinsurance Ltd (2019).  Acted for the Administrators of an insolvent insurance undertaking in relation to an application for a Court-sanctioned (and FCA/PRA-approved) approach to the distribution of the company’s assets to its creditors (instructed by Cooley).

Re Stemcor Trade Finance Ltd (2016).  Acted for the State Bank of India (SBI) in relation to an application to sanction a scheme of arrangement involving Stemcor, the world’s largest independent steel trader.

Re Covpress International Holdings Ltd (2016).  Acted for the petitioner in a substantial unfair prejudice action pursuant to s.996 Companies Act 2006 concerning the leading UK manufacturer and retailer of automobile tyres and spare parts (instructed by Faegre Drinker).

Re J.K. Buckenham (2014). Acted for the company in this successful scheme of arrangement application relating to an insurance broker. The application involved issues of breach of trust, the distinction between creditors and beneficiaries, and data protection.

Recent cases include:

The Glencore plc Litigation.  Acts for one of the Claimant groups in a ss.90 and 90A FSMA claim based on alleged misstatements in and omissions from Glencore’s prospectuses and published information.  Case allocated to the Financial List (led by Mark Howard KC and David Mumford KC, instructed by BCLP).

FCA v SO FX Ltd (2021).  Acted for the FCA in respect of a winding up petition presented in the public interest against a company that is alleged to have carried on various regulated activities without authorisation or exemption.

FCA v 24HR Trading [2021] EWHC 648 (Ch).  Acted for the Unauthorised Business Division of the FCA in a claim for breach of the general prohibition based on unauthorised investment advice and investment arrangements.  Summary judgment was entered in favour of the FCA.

Manning & Napier v Tesco PLC [2020] EWHC 2106 (Ch), [2019] EWHC 3312 (Ch) and [2019] EWHC 2858 (Ch).  Acted for the lead claimants in proceedings against Tesco arising from Tesco’s public overstatements of its profits (in the region of £300m) between 2010 and 2014.  Owing to its high value and general public importance, the claim was allocated to the Financial List (led by Peter de Verneuil Smith KC, instructed by Morgan Lewis & Bockius).

Re Mediterranean Insurance and Reinsurance Ltd (2019).  Acted for the Administrators of an insolvent insurance undertaking in relation to an application for a Court-sanctioned (and FCA/PRA-approved) approach to the distribution of the company’s assets to its creditors (instructed by Cooley).

FCA v Asset Land [2016] UKSC 17. Acted for the FCA in the Supreme Court, Court of Appeal and at first instance (Andrew Smith J) in what is the leading authority on collective investment schemes. The case concerned a number of ‘land-banking’ schemes established in the UK.  The Supreme Court accepted the FCA’s case that the schemes were collective investment schemes and upheld the judge’s £15m restitution order (led by Nicholas Peacock KC and Tim Penny KC).

Lehman Brothers International (Europe) v DZ Bank and the Bank of New York Mellon (2016).  Acted for DZ Bank in a complex banking dispute concerning triparty repo transactions (led by Ewan McQuater KC, instructed by RPC).

Re Cardrow Insurance Ltd (2016). Acted for the transferor in relation to a transfer of insurance business pursuant to Part 7 of FSMA.  The transfer concerned in excess of 60,000 insurance policies written in favour of individuals residing in the UK and Channel Islands.  The sanction hearing took place before Henry Carr J in March 2016 (instructed by Edwards Wildman).

FCA v Hope (2016). Acted for the FCA in relation to its highly publicised claim against Alex Hope arising out of the latter’s operation of a £6m forex fraud.  Mr Hope was convicted in relation to the fraud, and Philip acted for the FCA with respect to the (civil) proceeds of crime aspects of the case.  The claim raised the novel issue of how to distribute the proceeds of a multi-victim fraud in circumstances where a number of those victims have trust claims against the fraudster.

Recent cases include:

Harrington & Charles Trading Company Ltd v Mehta [2023] EWHC 998 (Ch), [2023] EWHC 609 (Ch), [2023] EWHC 307 (Ch), [2022] EWHC 2960 (Ch).  Acts for the Claimant liquidators in a billion-dollar fraud claim.  It is alleged that gold bullion loans were misappropriated in India and laundered through a web of companies across multiple jurisdictions (led by Ewan McQuater KC and Ian Wilson KC, instructed by Hogan Lovells).

Re Provident SPV Ltd [2021] EWHC 1341 (Ch) (convening hearing) [2021] EWHC 2217 (Ch) (sanction hearing).  Acted for the Customer Advocate in respect of a scheme of arrangement proposed by the Provident group of companies which affected 5 million customers (instructed by McCarthy Denning).

Re Video Duplicating Company (2021).  Acting for the liquidators in multi-million pound misfeasance proceedings against former company directors (instructed by Devonshires).

Re Loch Fyne Oysters [2020] EWHC 3521 (Ch).  Acted for the Defendants in a claim for repayment of an alleged unlawful dividend and fictitious management charge (instructed by Brodies).

Re Bannergable (2020).  Acted for the Claimant liquidator in a £2m misfeasance claim based on an unlawful dividend made in the context of an employee-benefit tax avoidance scheme.

Re Picture Home Loans (2020).  Acted for the liquidators in a novel application for directions as to the manner in which they should deal with numerous mortgages forming part of the liquidation estate the benefit of which was held on trust for a series of dissolved companies (instructed by Reed Smith).

Re Mediterranean Insurance and Reinsurance Ltd (2019).  Acted for the Administrators of an insolvent insurance undertaking in relation to an application for a Court-sanctioned (and FCA/PRA-approved) approach to the distribution of the company’s assets to its creditors (instructed by Cooley).

Pearse v HMRC [2019] BPIR 418.  Acted for the debtor in an application to set aside a statutory demand involving novel issues of merger.

Re D & D Wines International Ltd, [2016] UKSC 47. Acted for the liquidators in a claim concerning the termination of agency and the application Neste Oy-type constructive trusts where an insolvent agent receives funds on behalf of its principal (led by Jamie Riley KC, instructed by Shoosmiths).

HMRC v Lotus F1 Team Ltd.  Acted for Renault Sport SAS, the purchaser of the entire shareholding in Lotus F1 Team Ltd, in circumstances where HMRC (together with 20 other creditors) were seeking to place Lotus into administration.  Philip successfully prevented an administration order from being made against Lotus, thereby permitting Renault’s acquisition to take place.  As a result, the Renault-Lotus Team will now compete in the 2016 Formula One competitions (instructed by Withers).

Pioneer Point Ltd v London & Regent Construction Ltd (2016).  Acted on behalf of the administrators of Pioneer Point Ltd, a company which owns a multimillion pound building development in Stratford, in relation to a heavily contested winding up petition (led by Lexa Hilliard KC, instructed by Reed Smith).

Re Southern Pacific Personal Loans Ltd [2014] 1 All E.R. 98. Acted for the liquidators in this ground-breaking decision dealing with the interaction between the insolvency and data protection regimes. Contrary to the guidance on the Insolvency Service and Information Commissioner Office’s websites, the Court held that liquidators were not data controllers within the meaning of s1 of the Data Protection Act 1998 in respect of personal data processed by the company prior to its liquidation (led by Lexa Hilliard KC, instructed by Reed Smith).

Recent cases include:

Anon (2020).  Acts for the claimant in a multimillion pound LCIA arbitration (London).  The dispute concerns the alleged siphoning of funds by an investment manager responsible for developing properties in India.

Anon (2017).  Acted for the claimant in a multimillion pound ICC arbitration (London).  The dispute arises out of an agency agreement concerning the production and sale sugar cane-to-energy cogeneration equipment in Latin America.

Anon (2016).  Acted for the respondent to a substantial commission claim concerning a construction project in Dubai.  ICC arbitration seated in London.

Anon (2016).  Acted for the claimant in an action for the recovery of funds pursuant to a number of agreements for the sale and purchase of gold.  LCIA arbitration seated in London.

Anon (2015). Acted for the claimants in a $20m ICC arbitration (Geneva) connected with the Bernard Madoff fraud. Involves claims in deceit, breach of fiduciary duty and professional negligence.

Anon (2014).  Acted for the claimant in a LCIA arbitration (London) concerning breaches of a shareholder agreement and non-competition covenants.

Winner: UK Bar Awards 2023
The Lawyer Awards 2022: Chambers of the Year