Year of call: 1992 (Hong Kong), 1983 (England and Wales), 2008 (Eastern Caribbean), 2012 (Samoa)
Tim’s practice is in Chancery and commercial litigation, with an emphasis on commercial disputes, property litigation, professional negligence, partnership and insolvency. He is instructed in cases both domestically and internationally.
Tim is called to the Bar in Hong Kong, and has a tenancy at Gilt Chambers, c/o 8/F, Far East Finance Centre, 16 Harcourt Road, Admiralty, Hong Kong. He is on the list of Counsel for instruction in civil cases on behalf of the Hong Kong Government. He is called to the Bar of the Eastern Caribbean, and has recently done work for Cayman, Swiss, and Isle of Man firms. He is also admitted to practise in the courts of the Dubai International Finance Centre (DIFC), and has been called to the Bar of Samoa for the purpose of conducting an appeal before the Court of Appeal there (comprising New Zealand judges).
He sits as an arbitrator, and is an accredited mediator. He is on the Register of Arbitrators in the Chamber of Commerce, Nur-Sultan (formerly Astana), Kazakhstan.
He is recommended in The Legal 500 and Chambers UK Directory.
His publications include being a contributing editor to Snell’s Equity; Hill & Redman; and Professional Negligence and Liability.
In addition Timothy has travelled and explored extensively (including Africa, South America, the South Pacific, all major cities in China, all countries in the Far East, including North Korea, and Nepal and Iran).
He is a Fellow of the Royal Geographical Association, a Fellow of the Royal Asiatic Society, a member of the Travellers’ Club, of the Iran Society and of the Lord Denning Society.
He has taken part in charitable projects in Sierra Leone (2012) and in Rwanda (2013), and is a member of the Bar Council Special Interest Group on Sierra Leone.
He has spent time in Italy at a specialist international trade firm working on potential post-Brexit issues.
He has travelled with the Hong Kong Bar Association to teach International Arbitration at Peking University.
MA (Oxford) (First Class)
BCL, Oxofrd
Fellow of the Royal Geographical Association
Fellow of the Royal Asiatic Society
Member of the Travellers' Club, of the Iran Society and of the Lord Denning Society
Commercial
Recently completed two substantial arbitrations: one ICC arbitrarion in Singapore under the laws of Thailand relating to a joint venture for the production of eucalyptus pulp, and an LCIA arbitration under the laws of New York relating to IT royalties agreement.
Acted for Hanson plc in relation to an interference by a pipeline with its aggregates dredging operation in the North Sea.
Danone Asia PTE Ltd v SB Chow & Co
Acted for Damone for the purpose of obtaining a Norwich Pharmacal order to support economic tort proceedings in California
Jung Science Information Technology Co Ltd v ZTE Corpn
Successfully opposed the disqualification of an arbitrator for bias in an UNCITRAL arbitration
Successfully opposed an UNCITRAL award being set aside for procedural unfairness.
Acted for a hedge fund in a BVI case in relation to a hotel project joint venture in the PRC.
Gill v Darroch
Acted in a matter which dealt with the principles relating to contempt of Court in the context of a mareava injunction
Appeared in the Court of Appeal of Samoa on the issue of whether the confidentiality provisions of the companies legislation can be overridden by Norwich Pharmacal principles.
Property
His work includes general conveyancing disputes, issues in relation to commercial leases, rent reviews, break options, overage, easements, restrictive covenants, contaminated land and adverse possession.
Lennox Lewis v Eliades
Extent of beneficial interest, and the law of set-off.
Barclays Bank v Savile Estates
Represented Barclays Bank relating to time of essence in rent review clause.
The Mortgage Corporation v Shaire
In relation to one of the seminal cases on the Trusts of Land Act 1996
Expressluck Development Ltd v Secretary For Justice [2007] HKCFI 754
On a standard form covenant in a Crown Lease in Hong Kong, where issues of waiver and estoppel arose.
Jarvis Homes v Marshall (CA)
In relation to the interpretation of a building covenant.
Westworld Ltd v Azulay; Nightingale Mayfair v Mehta
On the issue of whether a property transaction or a trust can be struck down as a sham
Howard De Walden Estates v Malekshad (HL)
Leasehold enfranchisement
J Alston & Sons Ltd v BOCM Paul
Adverse possession by licensee
Mitchell v Watkinson
Adverse possession by an unincorporated association – a novel issue
Professional Negligence
His expertise includes claims against solicitors, surveyors, auditors, and quantity surveyors. He is one of the contributing editors of Professional Negligence and Liability, and is contributing the chapters relating to solicitors’, valuers’ and accountants’ negligence for the next edition of the publication ‘Lender Claims’.
Platform Home Loans v Oyston (HL)
Valuers’ negligence, damages
Mortgage Express v Bowerman
Extent of solicitor’s duty to a lending institution
Zwebner v The Mortgage Corporation
Solicitor’s liability on an undertaking
Paratus v Countrywide Surveyors
Effect of securitisation on a professional negligence claim, margin of error and contributory negligence
D B Bank v Edmunds & Co
Extent to which solicitors can be held liable for breach of trust in a conveyancing transaction
Company and Insolvency
He has frequently being instructed in litigation related to shareholders’ disputes, derivative actions, joint ventures and the lawfulness of shareholder and board resolutions.
Kong Wah Holdings Ltd v HSBC
Acted for HSBC in the Akai liquidation
Macro litigation
Unfair prejudice, rights of pre-emption
Rosshill Properties
Receivership
Lord v Sinai Securities
Test for transaction at undervalue
Greenhaven Motors
The sanctioning of a compromise
Timothy Harry (Editorial board (1990 - present))