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 for professional liability. He has been described by clients in UK legal directories as “highly responsive and resourceful”, 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 adjudications (both as counsel and also as adjudicator) 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 working in Dubai 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 who acts in adjudications both as adjudicator and counsel. He is also often involved in proceedings for 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.

Examples of recent work include:


Costs

Tim has extensive experience of costs litigation at all levels up to and including the Court of Appeal.

Inter-parties costs

Tim is regularly instructed in complex detailed assessment proceedings and other hearings where the primary issue is the recoverability of legal costs. He often deals with claims that involve challenges to the solicitor’s retainer, allegations of misconduct (such as alleged failures to mediate) and also claims which deal with insurance issues, particularly involving after the event insurance.

He also is regularly instructed to deal with costs budgeting issues and has been involved in recent high profile proceedings where the appropriate costs budget was considered by the court. He also often deals with wider procedural issues relating to costs, including issues relating to Part 36.

Solicitor own client costs

Tim also has significant experience of claims where the costs are challenged by the client including assessment of solicitor and client costs under the Solicitors Act 1974.

He has additionally dealt with a number of cases raising costs related issues in the context of wider issues of negligence by the solicitor.

Tim also has experience of disputes between the SRA and solicitors regarding the interpretation of the Solicitors Accounts Rules

Other areas

Tim also has experience of applications for costs orders being sought against directors of companies involved in litigation. He also has particular experience in applications for security for costs in commercial litigation. He also has advised on the recoverability of costs in arbitral proceedings.

Recent examples

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, particularly involving architects, quantity surveyors and structural engineers. He has particular experience of construction and engineering disputes in the Middle East. With his technical background, he particularly enjoys claims which raise complex scientific and technical issues.

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 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. He has recently been involved in claims involving the sale of interest rate swap products.

 He is currently acting for a number of IFAs in proceedings in the Commercial Court relating to the collapse of Keydata.

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.

Recent experience includes:

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.

Tim is currently instructed for the claimant in a claim against planning consultants, surveyors and valuers involving allegations of negligence in the course of proceedings before the Lands Tribunal for compensation following the compulsory acquisition of commercial premises in Bristol (with David Halpern QC).


International Arbitration

Tim has extensive experience of domestic and international arbitrations and has acted in arbitrations (including as sole advocate) 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 worked as a software developer for Goldman Sachs prior to coming to the Bar and hence has significant first-hand experience of the full life cycle of IT projects. He has been instructed in a number of disputes relating to IT contracts involving both issues of defective software and late delivery of projects. His cases often involve complex technical expert evidence.

Tim was recently involved in a number of disputes relating to a contracts with a number of governments in the Middle East for substantial infrastructure projects in the region. The cases involved allegations of defects with the software and late delivery of project requirements along with claims of wrongful termination of the contracts. The cases also raised issues relating to national security.

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