Julian Malins QC
Head of Chambers

MA (Oxon)
Call: 1972
Silk: 1991

Julian Malins QC

Head of Chambers

Julian Malins has been in Silk since 1991 and has established a wide-ranging international commercial and corporate practice. He read law at Brasenose College, Oxford and was called to the Bar of England and Wales in 1972. He was pupil to Robert Alexander Q.C. (later Lord Alexander of Weedon Q.C.). Having taken Silk in 1991 he was made a Bencher of Middle Temple in 1996. He is called to the Bar of both the Cayman Islands and British Virgin Islands and has been called to the Bar of other jurisdictions on a case-by-case basis.

Julian is a Crown Court Recorder and is also an Arbitrator with the Dubai Chamber of Commerce and Industry. He was a member of the General Council of the Bar of England and Wales (1986 to 2005).

He practices international commercial and corporate law (especially cross border asset recovery and money laundering cases), financial services law, trust law, worldwide financial fraud and shipping and business contracts generally. He has acted as Counsel or as Tribunal Chairman in a large number of major fraud, commercial and financial cases and arbitrations based in London, Kuwait, Dubai, Nassau, Bermuda, Grand Cayman, Sri Lanka and elsewhere. At home he has chaired important and complex FSA disciplinary hearings including Nomura and Maxwell and was a member of the Policy Committee of the London Chamber of Commerce and Industry from 1992 to 1997.

Julian Malins Q.C. has successfully led the legal teams in worldwide financial, fraud, criminal investigation and insolvency litigation. He has coordinated the worldwide recovery of US$150 million from exiled Kuwaiti thieves in London, the Isle of Man, Jersey, Liechtenstein, Luxembourg, Zurich and Geneva. He has represented the Receivers in a major Nassau based Receivership of an unlicensed mutual fund and represented claimants in Bermuda against the now dissolved Manhattan Fund.

He was European and Caribbean counsel to a major worldwide organization in the B.C.C.I litigation for their work in Cayman, Nassau, the B.V.I., South America, and Europe.

Julian also regularly appears in the Privy Council.

Reported cases include:
Icebird Ltd v Winegardner (The Bahamas) [2009] UKPC 24 successfully overturned a decision of the Court of Appeal to strike out a claim for inordinate delay.
Central Bank of Ecuador v Banco Continental (ongoing) acting for the defendants in a $200million dollar fraud claim.
Re The estate of Edward St George (Bahamas) represented the executors in a multi-million pound trust litigation.
Eagle Star Insurance Co Ltd v Games Video Co (GVC) SA “The Game Boy” (2004) 1 Lloyds Rep 238.
Successfully represented an insurance company in a matter concerning insurance fraud, non-disclosure and fraudulent presentation of a claim.
Nina Sarl v Deves Insurance Public Co, “The Prestrioka” (2003) 2 Lloyd’s Rep 327, representing cargo insurers of a “phantom vessel”, successfully resisting the claim in reliance upon section 44 of the Marine Insurance Act 1906.
Jeancharm Ltd v Barnet Football Club (2003) EWCA Civ 58; 92 Con LR 26 (CA) Court of Appeal case concerning the unenforceablity of a penalty clause.
Alfred Billes v Bank of Bermuda Ltd (2001) Case dealing with issues of banking and civil fraud in Grand Cayman.
BCCI v Pharaon & Ors (England, Cayman Islands and The Bahamas) (2000-2002) acted for the defendant in a multi-jurisdictional billion dollar fraud litigation arising out of the collapse of BCCI.
Kuwait Oil Tanker Company v Al Bader & Ors (2000) 2 All ER (Comm) 271; (England) acted for the claimant in a $135million fraud claim against former directors of Kuwait State Oil Company.
Kuwait Oil Tanker Company v Al Bader (1997) 1 WLR 1410, Court of Appeal, Conflict of Laws, Application to serve outside jurisdiction.
The Salvage Association v Corp Financial Service Ltd (1995) F.S.R. 654, Official Referees Business (now the TCC). Four month trial involving a dispute concerning a bespoke software agreement and issues as to whether UCTA applied to computer contracts.
The “Surf City” (1995) 2 Lloyd’s Rep 242. Shipping/Insurance, waiver of subrogation.
Wilson v Highways Department Anors (1993) dispute regarding factory premises being flooded by major motorway constructions and inadequate flood plain redesign.
The “Deichland” (1990) 1 QB 361, Court of Appeal , Cargo Owner’s claim against ship-owners for damage to cargo. Jurisdiction issues under Article 2 of the 1968 Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial matters.
The “Jangmi” known as “Grigorpan” (1989) 2 Lloyd’s Rep 1. Court of Appeal matter from the Admiralty Court concerning damage to cargo.
The Rosa S (1989) 2 WLR 162, (1989) 1 All ER 489, (1989) 2 Lloyd’s Rep 574, The Times 10 August 1988. Claim for damage to cargo at discharge where the Bill of lading embodied the Hague Rules Brussels 25/12/24. The shipowners admitted liability but claimed limitation per art IV r. 5.
“Air India” Arbitration. (1988) Lloyds Arbitration between “war risk” and “all risk” underwriters as to the cause of the loss of Air India flight number 182.
Euro-Diam v Bathurst (1988) 2 WLR 517, (1988) 2 All ER 23, (1988) 1 Lloyd’s Rep 228, (1988) 132 SJ 382. Court of Appeal case concerning illegality in insurance contracts. The case reaffirmed the statement of Lord Mansfield in Holman v Johnsson that the ex turpsi causa defence is available to a Claimant “guilty of illegal (or immoral) conduct”.
Circle Freight International Ltd v Medeast Gulf Exports Ltd (1988) 2 Lloyd’s Rep 427 Court of Appeal case concerning the Carriage of Goods by Road and whether the carriage was subject to standard trading conditions of the Institute of Freight Forwarders.
ETS Soules et Compagnie v Handgate Co Ltd “The Handgate” (1987) 1 Lloyd’s Rep 142 Court of Appeal case concerning an allegation of short delivery and damage to cargo under a Voyage Charter.
Westminster C.C. v Freeman Ors (1986) BTLC 435 Court of Appeal. Injunction preventing unlicensed trading. Enforcement of statute by a local authority

Julian also represented both Lord Archer of Weston-super-Mare (Jeffrey Archer) and Sir Elton John in respective libel trials. He was elected to the City of London Corporation in 1981  and served until 2016, when he retired. He is currently acting for the plaintiff in the Bacon v Nygard litigation in the Bahamas. 

Appointments

2013 – 2016  Elected Alderman for the Ward of Farringdon Without on the City of London Corporation.
2010 – Elected Deputy Chairman of the Standards Committee of the City of London Corporation.
2007 – 2012 Member of the Standards Committee of The City of London Corporation.
2006 – Advocate with the Dubai International Finance Centre.
2006 – Appointed an Arbitrator of the Dubai Chamber of Commerce and Industry.
2000 – Appointed a Crown Court Recorder.
1996 – Appointed a Bencher of Middle Temple.
1996 – Present – Governor of the Museum of London.
1992-1997 – Member of the Policy Committee for the London Chamber of Commerce and Industry.
1991 – Queen’s Counsel.
1990-1997 – A Disciplinary Tribunal Chairman for The Financial Services Authority (FSA) (previously The Securities and Investments Board (SIB)).
1986-2005 – Member of the General Council of the Bar of England and Wales.
1985-2008 – Governor of the Guildford School of Music and Dance.
1981- 2013 Councillor for the City of London.

Achievements

While at Oxford, Julian was awarded a Boxing Blue (1969, 1970 and 1971) and was also a University Rugby player (Greyhounds Captain) who played against Fiji (in 1970) and The Springboks (in 1969)

Publications
Contributor “Butterworths Commercial Court & Arbitration Pleadings” (2005)

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