Hodge Malek KC

“Hodge is always well-prepared and ready and willing to get into the details in preparing for a case or in advising the client. He is very pragmatic and honest in his assessment, which is truly appreciated by the lay client. He is simply excellent and top-notch. Excellent as well in dealing with cultural differences given legal practice in Asia which is a rare skill.” The Legal 500 UK Bar 2024

“Hodge is very practical, always prepared and excellent in providing clear, pragmatic and strategic advice.” Chambers & Partners UK 2024

“His judgement is simply outstanding and this helps him to achieve great things for his clients. As an advocate, Hodge combines fluency and authority. He knows exactly what the judge needs to hear to succeed on the point and is completely unflappable in his focus.” The Legal 500 UK Bar 2023

“Simply one of the best in the UK. He has a great brain and is very practical in dealing with real issues facing the lay clients. A top barrister.” Chambers & Partners UK 2023

“A go-to barrister for the most complicated cases, he sees angles and nuances that others would miss and he always advises with a view to the best possible ultimate outcome.” The Legal 500 UK Bar 2022

“A highly experienced litigator with sound tactical acumen and a wealth of knowledge handling complex disputes, particularly in Asia, Middle East and Far East, including cases with a criminal or regulatory element.” The Legal 500 UK Bar 2022

“A go-to barrister for the most complicated cases, he sees angles and nuances that others would miss and he always advises with a view to the best possible ultimate outcome.” The Legal 500 UK Bar 2022

“He thinks outside the box, but not in a pointless way!” Chambers & Partners UK 2021

“Malek is extremely adept.” Chambers & Partners UK 2021

“Hodge has a massive reservoir of experience to draw on. He is excellent on the technical issues and equally good on bigger-picture strategy. He always has the confidence of his clients.” Chambers & Partners UK 2021

“An astute tactician who gives clear strategic advice and has an excellent understanding of the financial services regulatory environment. He is particularly strong in navigating complex international investigations and disputes.” Chambers & Partners UK 2021

‘Has a broad and excellent skill set which he brings to bear in providing us with a high quality service. He has super analytical skills and good presentation skills with my clients.’ Legal 500 UK 2021

‘One of the UK’s leading legal minds in the area of banking, financial services, fraud and regulatory law.’ Legal 500 UK 2021

Hodge conducts a wide range of banking and financial services work ranging from typical banking disputes, financial regulation, listings, market manipulation and banking collapses. This is not confined to litigation, but includes advisory work for banks and large retail customers, as well as regulatory and disciplinary proceedings. He appeared on behalf of the Financial Ombudsman Service in BBA v FSA and FOS, where the court  rejected the challenge by the banks into the regulation and complaints in relation to alleged widespread mis-selling of PPI. Subsequent to the judgment the banks liability was estimated at £7 Billion. He was retained to act for the appellant before the Supreme Court in Harrison v Black Horse on whether the sale of PPI can amount to an unfair relationship within the meaning of the consumer credit legislation. He also acted on behalf of UBS in relation to proceedings in Italy over the sale of derivatives to the City of Milan. He was also instructed in relation to the LIBOR scandal and to iSwaps.

“Great advocate, excellent strategist, and very good with clients.” The Legal 500 UK Bar 2024

“Hodge Malek displays an incredible mastery of extraordinarily technical issues and is able to wrap his head around the non-legal details.” Chambers & Partners UK Bar 2024

“Excellent advocate – controlled, calm and informative presentations which judges appreciate. Always demonstrates knowledge of the facts and the law.” The Legal 500 UK Bar 2023

“Hodge is a superb strategist. He is a pleasure to work with and very warm with clients. He can coordinate and lead multiple teams of lawyers in cross-border litigation and is very shrewd in plotting out where a case will be won or lost.” The Legal 500 UK Bar 2022

“He has tremendous gravitas and authority and is clearly respected by judges. The force with which he makes his arguments is fantastic, and he is a tough and tenacious opponent.” Chambers & Partners UK Bar 2022

“Hard-working, incisive and good with clients, he is particularly strong at navigating complex international disputes.” Chambers & Partners UK 2021

“An absolutely delightful individual who is extraordinarily intelligent and gets to the nub of the problem.” Chambers & Partners UK 2021

Hodge conducts large scale commercial litigation internationally both in Court and arbitration.

In recent years he engaged in a wide spectrum of cases including, on behalf of the Financial Ombudsman Service the challenge in the Administrative Court by the British Bankers Association in relation to PPI (payment protection insurance) and Blue Sky v Mahan both in the Commercial Court and the Court  of Appeal in relation to a dispute over six 747 aircraft.

In the commercial field Hodge is recommended in the various directories. His work encompasses across the field of commercial litigation both in the UK and internationally.

“Hodge is a first-class advocate, intelligent, practical and friendly.” Chambers & Partners UK Bar 2024

“Hodge has natural gravitas; judges’ ears prick up when he starts addressing them.” The Legal 500 UK Bar 2023

“Hodge is a legend when it comes to academic aspects of law relating to recovery.” Chambers & Partners UK 2023

“Hodge has a deep understanding of SFO prosecutions and is highly sought after by the agency and suspects. His experience means he brings an invaluable sense of perspective to problems. In cross-jurisdictional cases there are few who have his understanding of the different agencies and possible political considerations.” The Legal 500 UK Bar 2022

“A highly experienced litigator with sound tactical acumen and a wealth of knowledge handling complex disputes, particularly in Asia, Middle East and Far East, including cases with a criminal or regulatory element.” The Legal 500 UK Bar 2022

“He brings decades of experience in complex civil fraud matters, which enables him to provide strategic advice.” Chambers & Partners UK 2021

“He has a nice manner with clients and in court.” Chambers & Partners UK 2021

“He takes a very hands-on approach and is prompt and friendly.” Chambers & Partners UK 2021

‘Very experienced in prosecuting for the SFO.’ Legal 500 UK 2021

‘Meticulous and with a good common sense, and high ethical standards.’ Legal 500 UK 2021

Hodge has a substantial practice in commercial fraud both for claimants and defendants. He is one of the few silks who have considerable experience in both civil and criminal fraud. He conducts civil fraud cases internationally as well as in the UK. He is on the Serious Fraud Office Panel of QCs, in respect of which he has advised and prosecuted for the SFO since 1990 on a wide range of cases including conspiracy to defraud, corruption, false markets and misleading listing particulars.

He prosecuted on behalf of the SFO the CEO of a firm of reinsurance brokers, who was convicted of corruption in relation to reinsurance of the Costa Rican state insurance company. He also appeared in the Commercial Court on a number of large cases including Brown v. Innovatorone Plc [2010] EWHC 2281, proceedings involving alleged fraudulent technology ventures.

Hodge is a member of the bar of the British Virgin Islands and has been called to other bars for specific cases, such as Isle of Man (insider dealings on NASDAQ and letters of request) and Gibraltar (dealing in shares on Lisbon Stock Exchange). He has appeared in the Tribunal de Commerce and Cour  d’Appel in Paris on a number of cases. He also conducts arbitrations and regulatory hearings. He has appeared before various ad hoc and specialist bodies, including INTERPOL, Copyright Tribunal, the Upper Tribunal (and its predecessors).

Hodge has a great deal of experience in dealing with cases in and related to the Middle East. By the nature of these cases much  of his work is highly confidential and because of this not publicised. Hodge has conducted a number of very large scale arbitrations relating to sensitive matters and these include acting in ICC arbitrations in relation to a multi-billion pound military project in Saudi Arabia as well as conducting a two month arbitration for a state entity in the Permanent Court of Arbitration in the Hague over a gas supply contract.

Hodge is a consultant for the firm of Al Busaidy, Mansoor Jamal & Co and has been advising on cases both for Omani Government Departments and entities as well as banks, insurance companies and corporations for over 20 years. He has acted in the well-known ONIC case under the supervision of the Oman Capital Markets Authority, in which he successfully resisted a £200 million claim before the Tribunal de Commerce in Paris and he acted for the Telecommunications Regulatory Authority in a $100 million arbitration in Muscat. He is currently engaged in a number of civil and criminal cases before the Primary Court, Court of Appeal and Supreme Court.  These range from an auditors negligence action to corruption trials.

“Intellectually first-rate, wise and with excellent judgement, he also has a strong sense of ethics and honesty.” The Legal 500 UK Bar 2022

“A key practitioner.” Chambers & Partners UK 2021

“A confident barrister with a particular set of skills which enables him to get to the heart of an issue, analyse it and offer solutions.” Legal 500 UK 2021

Hodge conducts work in the energy field from across the range of gasoil regulation, environment, procurement / corruption and commercial disputes. He acted regularly for the International Petroleum Exchange and now acts for its successor body, ICE.

“Astute tactical acumen and decades of experience in a very wide range of practice areas.” The Legal 500 UK Bar 2022

‘Delivers advice that can be relied upon.’ Legal 500 UK 2021

Hodge is recommended in the fields of insurance and reinsurance. His work ranges from actions under policies in the Commercial Court to regulation.

He acted for the Financial Ombudsman Service in BBA v. FSA and FOS which arises out of a vast number of complaints concerning the sale of PPI (payment protection insurance). He has conducted and advised on insurance/reinsurance internationally, including the Elf case in France (£200million).

Hodge specialises in procurement ranging from advising local authorities and central government on procurement exercises and disputes to dealing with corruption in the public sector.

• High Commissioner for Pakistan in the UK v National Westminster Bank Plc [2019] EWHC 2551 (Ch) (act of state, trusts, limitation and abuse of process, and banking).
• Medsted Associates Ltd v. Canaccord Genuity Wealth (International) Ltd [2017] EWHC 1815 (Comm), [2018] 1 W.L.R. 314 (CFDs, broker fiduciary duties).
• Simpkin v. The Berkley Group Holdings Plc [2017] EWHC 1472 (QB), [2017] 4 W.L.R. 116 (directors remuneration, legal professional privilege).
• JSC Mezhdnarodniy Promyshlenniy Bank v. Pugachev [2017] EWHC 2426 (Ch) (trusts and s.423 transactions at an undervalue).
• Intercontinental Exchange Inc v. Competition and Markets Authority [2017] CAT 6, [2017] Comp. A.R. 125 (merger control).
• Simpson v. Promontoria [2017] EWHC 140 (Ch) (banking, embedded swaps).
• Khorafi v. Bank Sarasin [2015] DIFC CA 003 and 008 (financial services, structured notes).
• High Commissioner for Pakistan in the United Kingdom v. Prince Mukkaram Jah [2016] EWHC 1465 (Ch), 2016] W.T.L.R. 1763; [2017] EWHC 1418 (Ch) (act of state).
• Ryanair  Holdings Plc v. Competition and Markets Authority [2015] CAT 14, [2015] Comp.  A.R. 262 (merger control).
• Roberts v. Financial Conduct Authority [2015] UKUT 408 (TCC) (financial services regulation).
• The High Commissioner for Pakistan in the United Kingdom v. National Westminster Bank Plc [2015] EWHC 55 (Ch) (sovereign immunity, discontinuance).
• BE v. DE [2014] EWHC 2318 (Fam), [2014] Fam Law 1387 (without prejudice communications).
• Ryanair  Holdings Plc v. Competition Commission [2014] CAT 3, [2014] Comp. A.R. 213 (merger control).
• Plevin v. Paragon Personal Finance Ltd [2013] EWCA Civ 1658, [2014] UKSC 61, [2014] 1 W.L.R. 4222 (payment protection insurance, consumer credit).
• Mireskandari v. Solicitors Regulatory Authority [2014] EWHC 636 (Admin) (solicitors disciplinary proceedings).
• McWilliam v. Norton Finance [2014] EWCA Civ 818 (payment protection insurance, brokers duties).
• Renpower Investments Ltd v. Clark Willmott LLP [2013] EWHC 800 (QB) (energy, solar farms).
• R (Coatman) v. Council for Licensed Conveyancers [2012] EWHC 1648 (Admin) (financial services, judicial review).
• Conlon v. Black Horse Ltd [2012] C.T.L.C. 193, [2013] EWCA Civ 1658 (payment protection insurance, commissions).
• R (Ford) v. Financial Services Authority [2011] EWHC 2583 (Admin), [2012] 1 All E.R. 1238;  [2012] EWHC 997 (Admin), [2012] Lloyd’s Rep. F.C. 461 (financial services, legal professional privilege).
• JSC BTA Bank v. Zharimbetov [2012] EWHC 2784 (Comm) (banking fraud, privilege against self- incrimination); [2012] EWHC 2912  (Comm) (contempt).
• Mahan Air v. Blue Sky One [2011] EWCA Civ 544, [2011] EWCA Civ 771 (aviation, security).
• R (British Bankers Association) v. Financial Services Authority [2011] EWHC 999 (Admin), [2011] Bus. L.R. 1531 (financial services regulation, payment protection insurance).
• Blue Sky One Ltd v. Mahan Air [2010] EWHC 631 (Comm) (aviation, conversion of aircraft).
• Brown  v. Innovatorone Plc [2010] EWHC 2281 (Comm) (banking fraud, financial services, jurisdiction).
• Brewer v. Mann [2010] EWHC 2444 (QB) (sale of goods).
• Hurndell v. Hozier [2009] EWCA Civ 67; [2010] EWHC 3340 (Ch) (beneficial interests shares).
• Mireskandari v. Law Society [2009] EWHC 2224 (Ch) (intervention into solicitors practice, indemnity costs).
• Mireskandari v. The Law Society [2009] EWHC 185 (Ch) (intervention into solicitors, legal professional privilege); [2009] EWHC 1526 (Ch) (indemnity costs on intervention challenge), [2009] EWCA Civ 864 (recursal of judge).
• R (Dean and Dean) v. Law Society [2008] EWHC 2980 (Admin) (intervention, judicial review).
• R v. IPOC International Growth Fund Ltd, 2008/No.12, Eastern Caribbean Supreme Court  (money laundering, confiscation).
• R (Ahsan) v. DPP [2008] EWHC 666 (Admin) (extradition).
• Attorney General v. IPOC International Growth Fund, BVI HCV 2007/2008, Eastern Caribbean Supreme Court  (money laundering, restraint proceedings, use of documents).
• Benichou v. Mauritius Commercial Bank [2007] UKPC 36 (securities and floating charges, insolvency).
• Woxentex Ltd (In Receivership) v. Benichou [2007] UKPC 32 (corporate insolvency).
• Iran v. Barakat  Galleries [2007] EWHC 705 (QB) (antiquities).
• Legal and General Assurance Society v. Financial Services Authority [2005], Financial Services and Markets Tribunal (financial services, mis-selling endowment policies).
• Manchanda v. Financial Services Authority, FIN 2005/0014 (financial services, fit and proper).
• Sheikh v. The Law Society [2005] EWHC 1409  (Ch) (solicitors, intervention).
• In the Matter of Poyiadjis [2001-03 MLR 478] (securities fraud, restraint order), [2003]05  MLR 198] (external confiscation order).
• Habib Bank Ltd v. Liverpool Freeport (Electronics) Ltd [2004] EWCA Civ 1062 (banking, guarantees, security).
• Russell Cooke Trust v. Prentis [2002] EWHC 2227 (Ch), [2003] 2 All ER 478 (collective investment schemes, trusts).
• Russell Cooke Trust Co. v. Elliott [2001] N.P.C.  69, [2001] All ER (D) 197 (Jul) (client accounts, trusts).
• R(A) v. Snaresbrook Crown Court, The Times, July 12, 2001,  CA (fraud, company director misappropriation).
• Baghbadrani v. Commercial Union Insurance Co. Plc [2000] Lloyd’s Rep. I.R. 94 (insurance, fraud).
• R. v. Secretary of State for Trade and Industry, ex p. Greenpeace [2000] C.M.L.R. 94 (conservation areas, oil and gas production).
• Phillips v. Burrows (Inspector of Taxes) [2000] STC 107 (tax appeal/assessment).