Commercial litigation concerns and trends – autumn 2023
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Chambers & Partners
“Incredibly bright and very much to the point. He marries legal know-how with technical excellence.”
Tim specialises in commercial, construction, information technology and professional liability disputes. The majority of his claims have an international element and he has advised and appeared as advocate before courts and tribunals in many jurisdictions in disputes relating to disputes in the UK, Middle East, Africa and Asia. He has particular experience of the Middle East having worked for an international law firm in Dubai for two years. Tim is nominated for both Commercial and Construction Junior of the Year at the Legal 500 Middle East and North Africa Awards 2023.
His practice encompasses the full spectrum of litigation and arbitration, both domestic and international. Tim frequently appears in matters governed by laws other than the laws of England and Wales (both Civil Law and common law systems) and before tribunal members qualified in other jurisdictions. Tim is also called to the Bar of the Eastern Caribbean Supreme Court (British Virgin Islands). Many of his claims involve allegations of fraud and dishonesty.
Tim has a degree in Chemistry and worked as a software developer in an investment bank prior to coming to the bar. He is a member of the Bar Council’s IT Panel responsible for advising the profession on all issues relating to Information Technology. As a result of his scientific background, he is regularly involved in cases with a scientific, technical or financial element involving complex expert evidence and cross examination.
Tim is recommended in both UK and international directories for international arbitration, commercial dispute resolution, construction and professional liability disputes. The directories note: “Tim is as smart as any member of the Bar, but what sets him apart is his commerciality. Tim has the ability to deliver clients exactly what they want in an effective and efficient way. Tim is a go to barrister of choice for international clients.”
Internationally, he is top ranked for both construction and commercial disputes in the UK bar section of the Legal 500 UAE Guide which states: “Tim is a formidable barrister and cross-examiner, particularly in technical matters that turn on niche expert evidence. He is particularly skilful at breaking down and presenting highly complex material, turning them into strong legal arguments.” and ‘Tim is razor-sharp. He is excellent at cross-examination; his command of technical and financial issues, in addition to legal issues, is exceptional.”
Tim also sits as a Civil Recorder on the South Eastern Circuit.
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Many of the claims where Tim is instructed are arbitration claims and primarily complex commercial dispute and construction disputes. The subject matter of the arbitrations is often based in the Middle East, Tim having worked for an international law form in Dubai for 2 years, although Tim also has experience of arbitrations relating to projects in Africa and the Far East
He has experience of arbitrations (including as sole advocate) conducted under a wide variety of rules including UNCITRAL, ICC, LCIA, DIAC and ADCCAC. .
Tim has also acted in court proceedings in support of arbitration, with particular experience of applications for anti-suit relief, enforcement of arbitral awards and applications to set aside arbitration awards.
Tim is a recommended junior in the legal directories for arbitration, both construction and commercial.
Tim is a recommended junior in the domestic and international directories for construction and engineering disputes which mention that he is: “Incredibly bright and very much to the point. He marries legal know-how with technical excellence”.
His practice encompasses the full spectrum of litigation and arbitration, both domestic and international. Recent infrastructure projects have included airports, power stations (wind, coal and hydro), roads, waste and hospitals in various jurisdictions including England, India, Africa and the Middle East. In addition to the usual claims for delay and disruption, many of the disputes involve a scientific, technical or financial element involving complex expert evidence and cross examination which play particularly to Tim’s strengths. As the legal directories note: “Tim is a formidable barrister and cross-examiner, particularly in technical matters that turn on niche expert evidence. He is particularly skilful at breaking down and presenting highly complex material, turning them into strong legal arguments”.
He is familiar with most standard form contracts with particular expertise in FIDIC based contracts. He has also been involved in a number of disputes involving PFI and other long term relationship contracts, both domestically and internationally.
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 raise issues of jurisdiction and procedural unfairness.
Tim has acted in a wide range of commercial disputes including those arising from concession agreements for infrastructure projects, shareholder agreements, project finance and a variety of contractual claims. He has particular experience of claims where there are competing proceedings in different jurisdictions and those involving issues of conflict of laws.
Many of his claims involve allegations of misrepresentation and fraud.
Tim is a recommended junior for commercial disputes in the Legal 500, both domestically and in the UAE which notes that he is: “Very good on this feet, authoritative advocacy. Good on paper too.” and “Tim is razor-sharp. He is excellent at cross-examination; his command of technical and financial issues, in addition to legal issues, is exceptional.”
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 has direct experience of cyber security claims and is involved with advising the profession of cyber security and other IT issues (as a member of the Bar Council IT panel). He is also a member of the Bar Council/Law Society Cyber Security working ground
Tim edited of the Information Technology chapter of the 7th edition of Jackson & Powell on Professional Liability.
Tim is a recommended junior in both Legal 500 and Chambers & Partners for professional liability claims (and has been for many years). He is also ranked in Chambers & Partners for Professional Negligence: Technology & Construction .
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.
Tim is an editor of the Construction Professionals chapter of Jackson & Powell on Professional Liability.
Tim regularly advises insurers on coverage issues and additionally on the meaning of policy wording, in particular in respect of professional indemnity polices and construction related insurance. He has extensive experience of 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.
Tim is often instructed in subrogated recovery actions by insurers against construction professionals.
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