Tim Chelmick

Education

MChem (Oxon) Dip. Law (City)




Tel: +44 20 7822 2040
Email: t.chelmick@4newsquare.com
Email Clerk: d.peck@4newsquare.com

Year of Call: 2004

Profile

Tim specialises in commercial disputes with a particular emphasis on international arbitration, construction and professional liability. Tim has recently completed a two year secondment in Dubai where he worked in the construction and international arbitration department of a market leading law firm. He therefore has significant experience of disputes in the Middle East. With a strong scientific background, Tim is regularly involved in cases with a scientific or technical element involving complex expert evidence.

He is recommended in the Legal 500 in the areas of professional liability and costs. He has been described by clients in a UK legal directory as having ‘an extremely bright mind’ and as an ‘excellent advocate’ with ‘the potential to rise to the top of the profession’.

International arbitration - Tim has considerable experience of domestic and international arbitrations and has acted in both arbitral proceedings and also in associated court proceedings. Many of his instructions relate to projects in the Middle East. He has been involved in arbitrations conducted under a wide variety of rules including UNCITRAL, LCIA, DIAC, ADCCAC and ICC. He has particular experience with anti-suit relief in support of arbitration proceedings.

Construction –Tim is regularly instructed in construction and engineering disputes and has extensive experience of domestic and international construction related litigation and arbitrations. Having worked in the Middle East, he has experience of a wide variety of disputes relating to projects in this region. He has been involved with claims in a number of sectors including infrastructure (including airports), transport, power generation and oil and gas He is familiar with most standard form contracts with particular expertise in FIDIC based contracts. As a TECBAR accredited adjudicator, Tim has also often instructed in adjudication proceedings and related enforcement actions.

Commercial litigation - Tim has acted in a wide range of commercial disputes including those arising from concession agreements for infrastructure projects, project finance and a variety of contractual claims, often involving allegations of fraud and dishonesty. Tim has particular experience of claims where there are competing proceedings in different jurisdictions and those involving issues of conflict of laws.

Professional liability – Tim is a recommended junior for professional liability in the Legal 500. He has extensive experience in the full range of claims brought against professionals and regularly acts for both claimants and defendants. He often advises on cases that involve solicitors, surveyors, architects, accountants, insurance brokers and financial services professionals.

Further details of all areas of Tim’s practice can be found by following the links for each of practice.

Prior to joining chambers, Tim read chemistry at Magdalen College Oxford obtaining a first class degree. After leaving Oxford, Tim worked for 2 years as a software developer in the technology department of Goldman Sachs in the London, New York and Hong Kong offices.

 

Publications

Editor of the 7th Edition of Jackson & Powell on Professional Liability

Contributor to Butterworths Costs Bulletin (edited by Nick Bacon QC)

 

Memberships

COMBAR

PNBA

TECBAR – accredited adjudicator

Society for Construction Law (Gulf)

 


Commercial Dispute Resolution

Tim has acted in a wide range of commercial disputes including those arising from concession agreements for infrastructure projects, project finance and a variety of contractual claims. Tim has particular experience of claims where there are competing proceedings in different jurisdictions and those involving issues of conflict of laws.

Additionally, having worked as a software developer prior to coming to the Bar, Tim has experience of every stage of software development from concept design to testing and implementation and hence Tim is often instructed in claims that relate computer contracts and information technology professionals.

Recent and current cases include:


Construction & Engineering

Tim is regularly instructed in construction and engineering disputes and has extensive experience of domestic and international construction related litigation and arbitrations. He spent two years living in Dubai on secondment to a law firm and hence has experience of a wide variety of disputes relating to projects in the Middle East involving, in particular, allegations of delay and disruption. He is familiar with most standard form contracts with particular expertise in FIDIC based contracts.

Tim is a TECBAR accredited adjudicator and has considerable experience of adjudication in England and Wales and the enforcement of adjudication awards in the Technology and Construction Court. He has dealt with a number of adjudications which raised issues of jurisdiction and procedural unfairness. Tim has also advised on a number of occasions as to the applicability and effect of the Housing Grants, Construction and Regeneration Act 1996.

Examples of recent work include:


Costs

Tim is a recommended junior in the Legal 500 for costs litigation.

He has extensive experience of costs litigation at all levels up to and including the Court of Appeal. He is regularly instructed in detailed assessment proceedings including assessment of solicitor and client costs under the Solicitors Act 1974. Tim also has experience of disputes between the SRA and solicitors regarding the interpretation of the Solicitors Accounts Rules and has additionally dealt with a number of cases raising costs related issues and wider issues of negligence by the solicitor. Tim also has experience of applications for costs orders being sought against directors of companies involved in litigation.

Tim acted as sole advocate in proceedings that ended in the Court of Appeal where the client successfully challenged the recoverability of an uplift on fees charged by a solicitor at the conclusion of a retainer. The judgment of the Court of Appeal is now the leading authority on the definition of contentious business as defined by the Solicitors Act 1974 (Bilkus v Stokler Brunton (a firm) [2010] EWHC Civ 101).

Tim’s recent cases include:

 


Insurance & Reinsurance

Tim also regularly advises insurers on coverage issues and additionally on the meaning of policy wording. Tim has particular experience dealing with issues in respect of professional indemnity policies and cases which raise issues where a conflict of interest has arisen between insurers and policyholders.

Tim has also been instructed in a number of cases where the insurance broker is accused of negligence.

Recent cases include acting:

Tim also regularly deals with subrogated recovery actions by insurers against construction professionals.

 


Professional Liability

Tim is a recommended junior in the Legal 500 for professional liability claims.

Tim has extensive experience in the full range of claims brought against professionals and regularly acts for both claimants and defendants. He has acted both for and against solicitors, surveyors, architects, accountants, insurance brokers and financial services professionals. He also has extensive experience of issues relating to the recoverability of solicitors costs, both inter-parties and solicitor own client costs and hence is regularly instructed in matters that raise allegations both of negligence and overcharging.

With a degree in chemistry and professional experience working as a software developer, Tim has a very strong scientific and technical background and hence he is often involved in cases that raise complex scientific and technical issues. These claims include claims against construction professionals, information technology professionals and patent agents.

Accountants, Auditors & Actuaries

Tim’s experience of claims against accountants ranges from group litigation by a number of investors in a film finance scheme to claims against accountants by individuals in respect of negligent tax advice

Construction Professionals

Tim is regularly instructed in construction and engineering disputes that involve allegations of professional liability. He has particular experience of construction and engineering disputes in the Middle East.

As Tim has a degree in chemistry and professional experience working in the technology department of Goldman Sachs as a software developer, he particularly enjoys claims which raise complex scientific and technical issues. Tim has extensive experience of claims against construction professionals, particularly architects, quantity surveyors and structural engineers.

Tim is a TECBAR accredited adjudicator and has considerable experience of adjudication in professional liability matters. He has dealt with a number of adjudications and also proceedings to enforce adjudication awards that raised issues of jurisdiction and procedural unfairness.

Recent experience includes acting:

Tim has also been instructed in numerous claims where the structural engineer is alleged to have acted negligently. The subject matter of the claims has ranged from a complete collapse of substantial commercial premises in Central London to the settlement of foundations in the course of the construction of a power station in the Philippines.

Financial Services Professionals

Having worked for Goldman Sachs prior to coming to the Bar, Tim is regularly involved in claims involving financial services professionals, ranging from group litigation against accountants accused of giving negligent tax advice to smaller claims against IFAs. Tim was involved in litigation relating to mis-selling of split cap investment trusts. Tim also has experience of claims against fund managers accused of mismanaging investments and other similar claims where investors seek to blame professionals for the performance of their investments.

Insurance Brokers & Agents

Tim is involved in claims both where the primary claim is against the insurance broker and also disputes between policy holders and insurers where the broker has been added as an additional party. He has experience of claims involving material non-disclosure, negligent advice by brokers and also claims where the broker failed to renew insurance policies.

Tim has recently acted for the claimant in a multi-million pound claim against an insurance broker resulting from the avoidance of a buildings insurance policy following a fire by underwriters.

Patent Agents

Tim has experience of claims against patent agents involving allegations of negligent advice in respect of the validity and registration of patents. With his scientific background, Tim is often instructed in litigation that involves complicated technical issues.

Lawyers

Tim has been involved in a substantial number of claims against solicitors and barrister where the underlying subject matter relates to both civil and criminal matters. He has particular experience of claims that relate to the misconduct of litigation and also claims involving residential and commercial conveyancing transactions. He has also been involved in a number of wasted cost claims involving both solicitors and barristers.

As a result of his experience with issues relating to legal costs (Tim is also a recommended junior in the field of legal costs), Tim is also often involved in claims where there are allegations of overcharging and negligence.

Other recent experience includes acting:

Surveyors & Valuers

Tim also has experience in claims against valuers involving both residential and commercial property. He has been instructed both by banks seeking to recover losses caused by negligent valuations and also by valuers defending such claims. He also has been involved in a number of mortgage fraud cases. Tim also has experience of contribution claims brought by solicitors against valuers.


International Arbitration

Tim has extensive experience of domestic and international arbitrations and has acted in arbitrations conducted under a wide variety of rules including UNCITRAL, LCIA, DIAC, ADCCAC and ICC. He has also acted in court proceedings in support of arbitration, with particular experience of applications for anti-suit relief. His recent experience includes:


Information Technology

Tim is an editor of the Information Technology chapter of the 7th edition of Jackson & Powell on Professional Liability.

Having worked as an IT professional at Goldman Sachs, he is often instructed in disputes relating to IT contracts, which often involve technical expert evidence. Recent experience includes: