Tim Chelmick

Education

MChem (Oxon) Dip. Law (City)

Tel: 020 7822 2040
Email: t.chelmick@4newsquare.com
Email Clerk: d.peck@4newsquare.com

Year of Call: 2004

Profile

Tim is a commercial practitioner specialising in commercial and construction disputes with a particular emphasis on international arbitration. Tim is currently based in Dubai and hence has substantial experience of disputes in the Middle East.

Tim has experience of acting as counsel in a wide variety of disputes before courts and tribunals and is regularly instructed as sole advocate in applications, trials and appeals. Tim also has significant experience of domestic and international arbitrations conducted under a variety of rules including the LCIA, DIAC and the UNCITRAL Rules. With a strong scientific background, Tim is regularly involved in cases with a scientific or technical element involving complex expert evidence. 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’.

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

Contributor to 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

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 for Goldman Sachs in the technology department 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:

Acting for a foreign investor in a number of UNCITRAL arbitrations against a government relating to the performance and termination a 25 year concession agreement relating to an international airport. The sum claimed for wrongful termination exceeds USD 800M. The claim has also involved proceedings before the High Court of Singapore for an anti-suit injunction and an injunction preventing termination of the Concession Agreement.
Acting for the owners of a Bahraini construction company in an LCIA arbitration relating to a dispute involving a private equity investment in the company by an international investment fund. The claim involved allegations of breaches of warranty and allegations of fraud.
Acting for a high profile GCC individual in an LCIA arbitration relating to an investment in a telecommunications company. The claim is for in excess of USD 500M. The case involved competing proceedings in the local court and ongoing applications for anti-suit relief.
Acting a property developer in a dispute with a former business associate which involves a number of high-value residential developments in protracted High Court Proceedings (Buxton Country Homes Limited v Surfbuild Limited [2008] EWHC 1475 (Ch) - led by Patrick Lawrence QC).
Representing a high profile individual in a dispute involving the management of an unincorporated association that controls fishing rights over the River Eden (Norbrook Laboratories Ltd & Anor v Carr & Anor [2010] EWCA Civ 1108 and Norbrook Laboratories Ltd & Anor v Carr [2013] EWHC 476 (QB) - led by Justin Fenwick QC and John Brisby QC).
Advising individuals seeking to enforce a Florida judgment in England and Wales.
Representing an individual seeking a declaration in High Court Proceedings that he is the beneficial owner of shares that were the subject of a fraudulent transfer.
Acting for a business defending a claim brought by an ISP for unpaid fees on the basis that the service provided was inadequate.
Acting for a computer consultancy in a claim involving the specification of hardware to run video editing software.
Acting for a company director in proceedings for a personal costs order against the director (DNA Productions (Europe) Ltd v Rafi Manoukian [2008] EWHC 2627 (Ch)).

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 is currently based in Dubai and 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 includes:

Acting for the contractor in an UNCITRAL arbitration relating to a claim brought by a contractor against an employer in respect of the construction of a shopping centre and hotel complex in Dubai following the termination of the main contract (governed by UAE law) and an attempt by the employer to call the performance bond. The claim involved issues of wrongful termination and delay and disruption and there were also parallel proceedings in the Dubai courts relating to a performance bond.
Acting for a contractor in respect of the construction of a museum in the Middle East in a dispute relating to the construction of the notification provisions in the main contract (subject to the law of Qatar).
Acting for an employer in a claim against the government entity for delays associated with delays to infrastructure (subject to the law of Qatar).
Acting for a contractor in a claim relating to an oil pipeline in the Middle East.
Acting for a contractor in a multi-million pound arbitration relating to the retro-fitting of Flue Gas Desulphurisation plant at coal fired power stations.
Acting for a main contractor on the true construction of an agency agreement and a bank guarantee.

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:

Acting in solicitor own client assessment proceedings where the primary issues involve the wrongful termination of the retainer by the solicitor and whether or not the solicitor is bound by an inaccurate estimate.
Acting in detailed assessment proceedings where the validity of the solicitor’s retainer is challenged.

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:

for insurers in a dispute about the meaning of an accident policy for members of the armed forces;
for a broker who wished to issue a claim against underwriters for wrongful avoidance of a public liability policy after a number of accidents involving inflatable fairground rides;
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.

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

Professional Liability

Tim has extensive experience in the full range of claims brought against professionals and regularly acts for both claimants and defendants. His cases often involve 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.

Tim has also a very strong scientific and technical background, as he has a degree in chemistry and professional experience working as a software developer and hence he is often involved in cases that raise complex scientific and technical issues. These disputes include construction and engineering disputes both in claims that involve construction professionals and also claims between employers, contractors and sub-contractors along with claims against Information Technology professionals and patent agents.

Tim acted for a senior partner of a London law firm accused of dishonesty in the Innovator litigation (lead by Sue Carr QC). After a 16 week trial, all allegations of dishonesty were dismissed (Brown & Ors v Innovatorone Plc & Ors [2012] EWHC 1321 (Comm)).

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. 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 hence is often asked to advise about the applicability and effect of the Housing Grants, Construction and Regeneration Act 1996. He also 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:

for a multi-national company in a claim against an architect and project manager relating to the construction of new commercial premises for the company;
as junior counsel (led by Ben Patten QC) for a TV production company in a claim relating to the collapse of a temporary pool constructed for the production of a UK TV game show.
for an architect in an adjudication involving the defective design of residential flats;
in a number of disputes involving allegations of negligent design and supervision of construction projects by architects;
for quantity surveyors in claims involving allegations of negligent valuation of building work
as junior counsel (led by Roger Stewart QC) for a structural engineer in a $85M dispute relating to a power station in the Philippines (Mirant Asia Pacific v Ove Arup [2007] EWHC 918 (TCC));

Tim is also instructed in numerous claims where the structural engineer is alleged to have acted negligently. The subject matter of the claims has ranged from subsidence and heave in residential properties to a complete collapse of substantial commercial premises in Central London.

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 is 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. The claim was settled successfully following a mediation.

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 often involved in claims where there are challenge both the level of fees and also the quality of the work done.

Tim re3cently acted for a senior partner of a London law firm accused of conspiring to defraud investors in the Innovator litigation (led by Sue Carr QC). Following a 16 week trial, all claims were dismissed (Brown & Ors v Innovatorone Plc & Ors [2012] EWHC 1321 (Comm)).

Other recent experience includes acting:

for the senior partner of a national law firm accused of deliberate misconduct of an appeal before the Privy Council (led by Roger Stewart QC);
for a firm of solicitors accused of dishonestly in the course of a conveyancing transaction by another party to the transaction (led by Roger Stewart QC);
for a major national firm of solicitors in a number of matters involving mismanaged litigation;
for solicitors accused of mishandling the defence of criminal matters;
for solicitors in claims involving residential and commercial conveyancing transactions that are said to involve mortgage fraud;
in numerous claims involving just about every aspect of residential and commercial conveyancing transactions, including claims by lenders, claims involving errors with enfranchisement transactions, claims involving the failure to ensure there was planning consent, listed building approval or Buildings Regulations approval for building works and claims against local authorities for failing to undertake searches correctly;
for a solicitor accused of negligent drafting of a business tenancy which affect the rent the landlord achieved in the rent review;
for a barrister accused of misconduct in the course of a trial of a construction dispute (led by Roger Stewart QC).

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 considerable experience of domestic and international arbitrations and has acted in the underlying proceedings and also in associated court proceedings. He has been involved in arbitrations conducted under a wide variety of rules including UNCITRAL, LCIA, DIAC and ICC. He has particular experience with anti-suit relief in support of arbitration proceedings. His recent experience includes:

Acting for a foreign investor in a number of UNCITRAL arbitrations against a government relating to the performance and termination a concession agreement relating to an international airport. The sum claimed for wrongful termination exceeds USD 1 billion. The claim has also involved proceedings before the High Court of Singapore for an anti-suit injunction and an injunction preventing termination of the Concession Agreement.
Acting for the contractor in an UNCITRAL arbitration relating to a claim brought by a contractor against an employer in respect of the construction of a shopping centre and hotel complex in Dubai following the termination of the main contract (governed by UAE law) and an attempt by the employer to call the performance bond. The claim involved issues of wrongful termination and delay and disruption and there were also parallel proceedings in the Dubai courts relating to a performance bond.
Acting for the owners of a Bahraini construction company in an LCIA arbitration relating to a dispute involving a private equity investment in the company by an international investment fund. The claim involved allegations of breaches of warranty and allegations of fraud.
Acting for a high profile GCC individual in an LCIA arbitration relating to an investment in a telecommunications company. The claim is for in excess of USD 500M.
Acting for an international contractor in an LCIA arbitration against a joint-venture partner in respect of the works carried out to retro-fit of flue gas de-sulphurisation technology at two coal fired power stations. The claim involved allegations of misrepresentation and other breaches of the consortium agreement resulting in delay and disruption to the works.