Tim Koch

Areas of experience

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• Art, Cultural Property & Media

  Tim is currently instructed on a probate dispute concerning a valuable stamp collection (led by Daniel Warrents).

  During pupillage, his experience included:

  • Assisting with the written closings in Eva Green v White Lantern [2023] EWHC 930 (Ch), a the high-profile High Court trial between the film star Eva Green and a production company over the wrongful termination of a sci-fi thriller.
  • Assisting Edward Cumming KC in advising an agent on their obligations to disclose their commission in relation to the sale and export of valuable painting.
  • Drafting statements of case in claim for recovery of a painting looted during the Nazi occupation of France.
  • Assisting Edward Cumming KC in advising on claims against an agent in relation to the sale of a valuable watch collection.
• Aviation

  As a pupil, Tim’s experience included:

  • Assisting Erin Hitchens in drafting a request for arbitration for contractual claims arising under aircraft conversion contracts.
  • Assisting Erin Hitchens in advising on resisting the enforcement of a judgment for monies owed by the lessors pursuant to an aircraft lease.
  • Assisting Edward Cumming KC with the trial of preliminary issue in the context of an aircraft leasing agreement (Saudi Arabian Airlines Corp v Sprite Aviation No.6 DAC).
• Banking and Financial Services

  During pupillage, Tim’s experience included:

  • Assisting in successfully striking out claims against Senior Lender and Security Trustee for the alleged breach of a syndicated loan agreement (CPF One Limited v Ortus Secured Finance I Limited [2023] EWHC 2102 (Ch)).
  • Assisting in advising on claims for breach of COBS Handbook in relation to losses incurred under a spread betting account.
  • Assisting on various claims in relation to the enforcement of personal guarantees given by company directors.
• Civil Fraud, Asset Tracing & Recovery

  As a pupil, Tim’s experience included:

  • Assisting with the enforcement and contempt proceedings in wide-ranging commercial fraud proceedings (Lim v Ong [2023] EWHC 321).
  • Assisting with the successful appeal in Tulip Trading Ltd v van der Laan [2023] EWCA Civ 83.
  • Drafting particulars of claim in unlawful means conspiracy to evade overage obligations and skeleton argument for associated freezing injunction.
  • Drafting a defence to an alleged ‘Umbrella Company’ fraud perpetrated against HMRC.
  • Assisting in defending £30m dishonest assistance and conspiracy claims relating to the unlawful diversion of a valuable business opportunity.
  • Assisting Erin Hitchens on jurisdiction challenge in respect of a Georgian conspiracy claim.
  • Assisting Adam Cloherty KC in advising on collateral use of documents obtained pursuant to a post-judgment freezing order to assist enforcement of Arbitral Award
• Commercial Litigation

  Tim’s commercial experience includes:

  • Advising on issues arising out of a reservation of title clause in the context of a claim under the Sale of Goods Act 1979 (led by Steven Reed).
  • Acting as sole counsel on a claim for recovery of sums owed under a contract for the provision of financial consultancy services.

   

  During pupillage, Tim gained a range of experience in commercial disputes, including:

  • Assisting Edward Cumming KC in advising on the options to restrain termination of a services agreement for the provision of tele-medicine services.
  • Assisting in defending £30m+ claims for conspiracy and dishonest assistance for diversion of a valuable business opportunity.
  • Assisting with advising on claims arising out of the breach of an agreement for the sale of goods.
  • Assisting in advising on the termination of a joint venture agreement for the construction of a hotel complex.
• Company

  Tim’s experience in company law matters include:

  • As sole counsel, advising and drafting statements of case in an unfair prejudice type claim in the context of a family dispute over a Singapore company.

   

  During pupillage, Tim gained experience including:

  • Assisting in advising on and drafted various statements of case in unfair prejudice petitions (including in cases involving alleged quasi-partnerships).
  • Assisting Adam Cloherty KC in advising on claims relating to the rectification of the register of members.
  • Assisting Adam Cloherty KC in advising on the validity of share buyback.
  • Preparing an application for a vesting order under s.51 of the Trustee Act 1925.
  • Assisting in advising on claim for breach of warranty in share purchase agreement.
• Crypto and digital assets

  Tim has a particular interest in crypto-assets. Tim previously worked as a Research Assistant at the Law Commission of England and Wales, where he contributed to the Digital Assets Project.

  As a pupil, Tim assisted on the successful appeal in Tulip Trading Ltd v Van der Laan [2023] EWCA Civ 83, concerning the application of fiduciary concepts to the novel context of crypto-assets.

• Insolvency

  Tim has experience acting as sole counsel on various winding-up and bankruptcy petitions and related matters. He was awarded the Corporate Insolvency Prize on the BCL and has previously worked in the Insolvency and Restructuring Team of a leading US law firm.

  During pupillage, Tim’s experience included:

  • Assisting in preparing skeleton argument in successful appeal in City Gardens Ltd v DOK82 Ltd [2023] EWHC 1149 (Ch), confirming that a winding-up petition can be made in reliance upon a debt arising under a contract subject to the exclusive jurisdiction of a foreign court.
  • Assisting on a creditor challenge against a BVI Company Creditors Arrangement (CVA equivalent).
  • Assisting Adam Cloherty KC in advising on the enforcement of US Judgments obtained by a Chapter 7 Trustee in Bankruptcy in Gibraltar.
  • Preparing a skeleton restraining the winding-up petition of a BVI Company on jurisdictional grounds.
  • Advising on the application of rule in Cherry v Boultbee in context of ‘insolvent’ Jersey trusts.
• International & Offshore

  Tim has experience in a rage of international and offshore litigation, including in jurisdictions such as the Channel Islands, the BVI, Cayman, Gibraltar, Liechtenstein, the DIFC, and Cyprus.

  • Instructed in an application to discharge a Anti-Suit Injunction granted by the Cayman Courts to restrain applications made by beneficiaries in Hong Kong breach of trust proceedings (led by Elspeth Talbot Rice KC).
  • Advising on the prescription of a Jersey law Loan Agreement and an application to discharge related security interests governed by English law (led by Nicole Langlois).
  • Acting on proceedings involving the restructuring of a Manx Trust (led by Andrew Holden).

   

  During pupillage, Tim gained experience including:

  • Assisting in advising on the enforcement of US Judgments obtained by the Trustee in Bankruptcy in Gibraltar.
  • Assisting Adam Cloherty KC in advising the trustees of an offshore trust associated with designated persons on their compliance with the Russia Regulations.
  • Assisting Edward Cumming KC with various proceedings involving the restructuring of high value offshore trusts and/or the removal of trustees.
  • Assisting in advising on the application of rule in Cherry v Boultbee in context of ‘insolvent’ Jersey trusts.
• Real Estate Litigation

  Tim’s experience includes:

  • As sole counsel, successfully acting in one-day trial regarding defective building works completed at a residential property (instructed pro bono, via Advocate).

   

  During pupillage:

  • Assisting in preparing an urgent injunction from restraining landlord from re-entering cinema premises.
  • Assisting in drafting particulars of claim to rescind acquisition of a commercial property for fraudulent misrepresentation.
  • Assisting in advising on the termination of a joint venture agreement for the construction of a hotel complex.
• Trusts, Probate & Estates

  Tim has a broad experience of trusts, probate and estates litigation.

  • Acting on proceedings involving the restructuring of a Manx Trust, and advising on associated claims for breach of fiduciary duty, dishonest assistance, and knowing receipt (led by Andrew Holden).
  • Instructed in an application to discharge an Anti-Suit Injunction granted by the Cayman Courts to restrain applications made by beneficiaries in Hong Kong breach of trust proceedings (led by Elspeth Talbot Rice KC).
  • Instructed, as sole counsel, on behalf of personal representatives on a claim for the reimbursement of Inheritance Tax payable on a (failed) potentially exempt transfer.
  • As sole counsel, advising on claim under the Inheritance (Provision for Family and Dependants) Act 1975.

  As a pupil his experience included:

  • Assisting Adam Cloherty KC in advising the trustees of an offshore trust on their compliance with the Russia Regulations.
  • Assisting Edward Cumming KC with various proceedings involving the restructuring of high value offshore trusts and/or the removal of trustees.
  • Assisting Erin Hitchens with drafting statements of case in relation to claims for the rescission of transactions on the basis of undue influence and declarations as to the beneficial ownership of various properties.
  • Assisting in drafting various pleadings alleging that assets are held on trust and/or alleging the breach of such trusts.
  • Assisting in advising on claims under the Inheritance (Provision for Family and Dependants) Act 1975 and applications under the Variation of Trusts Act 1958.
  • Assisting with advising on and preparing various applications for directions as to the proper construction of Wills and Trust Deeds.

Other information

• Academic History
  • Bar Training Course, Inns of Court College of Advocacy (Outstanding)
  • Bachelor of Civil Laws, St Cross College, University of Oxford (Distinction)
  • BA Jurisprudence, Jesus College, University of Oxford
• Scholarships and Prizes/ Awards
  • BCL Corporate Insolvency Prize (Oxford University)
  • Sankey Scholarship (Jesus College)
  • Kennedy Scholarship (Lincoln’s Inn)
  • Open Scholarship (Jesus College)
  • First Year Law Prize (Jesus College)
• Publications
  • Butler-Sloss v The Charity Commission: the pursuit of charitable purposes through ESG investing (July 2022, Oxford Property Law Blog)
  • Enacting ECHR compliant measures to confiscate property: imposing sanctions on Russian oligarchs for the invasion of Ukraine (March 2022, Oxford Property Law Blog)
  • Another Look at Connected Party Pre-Packs (October 2020, Oxford Business Law Blog)
  • Fearn v Tate Gallery Board of Trustees in the Court of Appeal: Curtains for Article 8 rights in the Tort of Private Nuisance? (April 2020, Edinburgh Private Law Blog).
  • Direct Action for Divestment and the Right to Peaceful Protest on Private Property (March 2020, Oxford Property Law Blog)
• Memberships
  • COMBAR – Commercial Bar Association
  • ConTrA – the Contentious Trusts Association
  • ChBA – Chancery Bar Association
• Languages
  • German (native fluency)
  • French (moderate)