Mark Banks

Mark advises clients in the following areas:

1. Commercial & civil fraud litigation: Mark acts for clients on high value litigation matters, including disputes relating to civil fraud, insolvency, sanctions and cross-border enforcement. Mark's cases are typically international in nature and often involve complex jurisdictional and conflict of laws issues. He has particular experience acting for clients in the banking and finance sector and has undertaken secondments in the litigation departments at HSBC and Credit Suisse.

2. Investigations, compliance & ethics: Mark acts for clients in connection with internal and external investigations and criminal enforcement proceedings. He also advises on the implementation of compliance and ethics programmes. Mark has particular expertise advising clients on corporate bribery and fraud offences, including under the UK Bribery Act 2010 and Economic Crime and Corporate Transparency Act 2023.

3. Environmental, Social & Governance (ESG): Mark advises clients on ESG-related disputes, investigations, audits and due diligence programmes, especially in the context of supply chain and forced labour issues.

Commercial & civil fraud litigation

• Defending a bank in connection with a USD 5 billion civil fraud claim brought in the English and Abu Dhabi Global Markets courts.
• Defending a global bank against a GBP 118 million High Court claim for breach of the Quincecare duty and dishonest assistance arising out of the collapse of a Ponzi scheme.
• Acting for two state-owned entities in proceedings in multiple jurisdictions arising from alleged fraudulent misappropriation of investment funds.
• Acting for the receiver of a Thai bank in relation to an enforcement action against assets in England and Wales arising out of an GBP 80 million banking fraud.
• Defending a financial services company against a GBP 128 million unlawful means conspiracy claim in the High Court arising out of the pre-packaged administration and sale of a retail company.
• Acting for a HNW individual to recover assets arising out of a suspected GBP 150 million investment fraud.
• Defending a global investment bank in connection with a claim for breach of contract and negligence arising from the suspected fraudulent misappropriation of customer funds.
• Defending a commercial real estate firm in relation to a GBP 750 million High Court claim for breach of an implied duty of confidence relating to a London property development.

Investigations, compliance & ethics

• Acting for a global extractives company in relation to an investigation into alleged bribery and corruption involving engagement with the Serious Fraud Office, U.S. Department of Justice, Securities & Exchange Commission and Australian Securities and Investments Commission, amongst others.
• Acting for an international oil and gas company in connection with an internal investigation arising from allegations of bribery and fraud in relation to a business-critical offshore gas project.
• Representing a Fortune 500 company in relation to an investigation by the Serious Fraud Office into alleged bribery and corruption in a recently acquired subsidiary.
• Acting for a hospitality company in relation to a private prosecution arising from allegations of employee fraud.
• Acting for a Middle East-based transportation company in relation to an internal investigation into alleged bribery and corruption.
• Acting for the former managing director of a defence contractor in relation to high profile criminal proceedings brought by the Serious Fraud Office on charges of corruption and misconduct in public office.
• Providing independent legal advice to a trader at a global bank in connection with an internal investigation into allegations of fraud and insider trading.
• Advising a number of companies in relation to their exposure under the UK Bribery Act arising out of business promotion schemes.

ESG

• Representing a well-known consumer goods company in relation to high profile litigation in the English courts regarding allegations of forced labour in its overseas supply chain.
• Advising a number of consumer goods and retail companies in relation to potential liability arising from the operations of their overseas supply chains.
• Advising a number of financial institutions in relation to litigation exposure arising from the risk of "greenwashing".

• Law Society of England & Wales