Senior Practice Manager
Practice Manager
Assistant Practice Manager
Timothy Sherwin is a chancery barrister with a practice in private client and business litigation.
Chambers & Partners ranks him in Band 1, and describes him as having “a strong chancery practice which includes taking instructions in contentious trusts and estates matters, as well as handling company and insolvency disputes“. He was named Star Junior Under 10 Years’ Call at the Chambers and Partners High Net Worth Awards 2020. He is described by the legal directories as “the real deal“, “superb“, “future silk material“, a “top choice“, and “an excellent strategic thinker.”
Timothy has detailed experience of contentious trusts, probate and succession cases, Court of Protection matters, art & cultural property litigation, company cases, insolvency disputes, civil fraud, as well as banking and general commercial litigation. He is very frequently instructed on cases which involve a number of overlapping areas of law.
Timothy is recommended in Chambers and Partners and the Legal 500 in a number of areas, including being ranked as band 1 in Trusts by Chambers & Partners. In private client litigation, he is said to be “The Chancery junior I want on every single one of my matters“, “an excellent junior and would always be a top choice for complex multi-jurisdictional private wealth disputes”, “absolutely brilliant – super bright, very quick, very responsive and did a great job for us“, “a highly effective junior, and an excellent advocate on his own feet“, and “tough, tenacious and charming“. For Chancery commercial work Timothy is described as “a very able junior with a maturity and level of ability which belies his call… He has been excellent“. He is recommended for civil fraud, where he is noted as “Exceptionally bright, years ahead of his call in his knowledge and capability“. In company law Timothy is commended as having “an increasingly active practice in section 994 petitions and companies held in trust structures”, and is described as “an absolute superstar“.
Fuller details of Timothy’s experience are set out below.
Timothy has very broad experience of both investment and retail banking cases, and has appeared led and in his own right in many such claims. Timothy is therefore comfortable dealing with banking cases on his own or as part of a team, and has worked with several prominent QCs in such matters.
Timothy has detailed expertise in cases which involve allegations of dishonesty and unconscionable conduct, and is very frequently asked to advise on or appear in such cases. The Legal 500 says that his “advocacy is first rate“, he is “highly effective and dependable“, and he is “Exceptionally bright, years ahead of his call in his knowledge and capability, extremely approachable and conscientious“.
Indeed, he has been instructed in some of the largest and most important fraud cases before the English and other courts in recent years, such as:
Timothy also deals frequently with such cases in his own right. For example:
Timothy is regularly instructed in commercial cases as part of his busy commercial-Chancery practice. He is the most junior barrister recommended in this area in Chambers and Partners, described as “[a]n emerging talent at the Commercial Chancery Bar. He is regularly trusted with high-value matters“, and “a very able junior, with a maturity and level of ability which belies his call. He’s very easy to deal with.” He is said to have “knowledge and strategic nous well beyond his years.”
Much of the litigation in which Timothy is involved are commercial cases which also engage other areas of his practice, such as insolvency, trusts, company and partnership law, banking law or fraud. Timothy is very comfortable dealing with such multi-faceted cases. Major examples include:
In addition to these major pieces of commercial litigation, Timothy regularly deals with commercial matters as advocate.
Timothy ranked by the Legal 500 in this area with a “notable company law practice“, described as “an absolute superstar” with “an increasingly active practice in section 994 petitions and companies held in trust structures”.
Timothy is a contributing editor to has the most recent edition of Atkin’s Court Forms: Companies – General (vols. 8(1), 8(2) & 8(3)) (2018, LexisNexis). As such he has an unusually broad and detailed knowledge of Company law and practice for one of his call.
Timothy’s recent company law experience includes:
Timothy is often instructed in cases where Chancery and Family law interact. He has experience in acting as Chancery counsel in Family cases, and in dealing with Family cases brought before the civil courts. Timothy has a good grounding in Family law issues arising in such cases.
Timothy is also comfortable dealing with cases of matrimonial finance, such as those involving the use of trusts and companies to hold wealth, and attacks on such structures.
Timothy is regularly instructed to appear in the High Court and the County Court in insolvency matters, both corporate and personal. He acts for petitioners, debtors and insolvency practitioners in all types of bankruptcy, liquidation and other insolvency proceedings, including (for example) in applications to set aside statutory demands and contested bankruptcy hearings.
Many of Timothy’s cases involve questions of professional negligence, and he has detailed experience of advising and acting for and against trustees, company directors, solicitors, investment professionals, bankers, managing agents, art advisers, and a wide range of other professionals.
For example, Timothy has:
Timothy is frequently instructed on real property cases.
A major part of Timothy’s practice focuses on trusts, probate and estates. Timothy listed as a band 1 junior in Trusts, having “built up a really strong practice and reputation in the contentious trusts field and is starting to make a name for himself in offshore work. He is a good, solid practitioner and is operating well ahead of the field in his call range.” He is described by Chambers and Partners as “Great, however complex the case or difficult the client“, “really good to work with on traditional chancery matters“, and “absolutely brilliant – super bright, very quick, very responsive and did a great job for us. His written work was excellent.” The Legal 500 says Timothy is “superb at distilling complex trust issues in a clear and precise way“, and he “‘Has an excellent nose for the way in which judges are likely to approach cases instinctively. He is tough, tenacious and charming.”
While the majority of his work in this field is on contentious matters, Timothy is also happy advising on non-contentious issues.
Key cases include those below.
Trust matters
Succession, probate and estates matters
Charity matters
In Gibbons v Smith [2020] WTLR 947, [2020] All ER (D) 38 (Jul), [2020] EWHC 1727 (Ch) Timothy acted successfully for the Claimants in this directions application in respect of trusts over land. It is an important case on section 1 of the Recreational Charities Act 1958 (now section 5 of the Charities Act 2011), arising in the context of a failed attempt to create a charity under that provision.
Timothy is well experienced in advising and dealing with issues of charity law, as well as trust and company/CIO issues arising for charities. Timothy has been the trustee of a small charity, and so is keenly aware of the challenges faced by those administering charities of all descriptions.
Timothy writes and lectures extensively on trusts, estates and probate matters. For example he has recently published “A Breakdown in the Trust: the Removal of Trustees”, in the ACTAPS Newsletter Issue 201, September 2016, a paper on donationes mortis causa in the Trusts and Estates Law & Tax Journal, and an article in the Journal of International Banking and Financial Law on trustees’ investment powers and the operation of exclusion clauses in such circumstances.
Further, Timothy together with Elspeth Talbot Rice QC and Robert Avis presented a paper on the variation of trusts at the 2016 XXIV Old Buildings Geneva conference, the proposals in which have been adopted by the States of Jersey which is putting forward amendments to the Trusts (Jersey) Law 1984 to reflect them.
Timothy is comfortable advising on and appearing in Court of Protection cases, especially those which raise issues concerning property and affairs.
For example, in Re Z [2020] COPLR 367, [2019] EWCOP 55; [2018] EWCOP 9 Timothy (led by Edward Cumming QC) appeared in a number of hearings in the course of these substantial and complex proceedings in the Court of Protection on behalf of the brother of a successful businessman (“Z”) concerning Z’s capacity to manage his property and affairs (including his interest in and powers under a large settlement), the validity and alleged revocation of several lasting powers of attorney, the appointment of deputies, and Z’s contact and communication with members of his family.
Timothy is well experienced in dealing with all such matters in the Court of Protection. For example:
Timothy has a special interest in art and cultural property matters.
Timothy is also frequently instructed to advise on and deal with cases which, by their nature, are private. Thus, he acts for a client concerning remedies for the theft of £4m worth of classic cars, and has also advised on difficult questions arising out of settlements made by the family of prominent artists, as well as on the mortgage and sale of works of art held on trust.
Chambers & Partners (2023)
“Tim has built up a really strong practice and reputation in the contentious trusts field and is starting to make a name for himself in offshore work. He is a good, solid practitioner and is operating well ahead of the field in his call range.”
“He is very responsive and has a clear, crisp drafting style.”
“Very sharp-witted, and nice to work with.”
“A responsive junior, who really becomes part of the team rather than taking a stand-offish approach. A good, solid practitioner who is well ahead of the field in his call range.”
Legal 500 (2023)
“Timothy is superb at distilling complex trust issues in a clear and precise way. He has a superb manner with clients. He goes above and beyond to make himself available and deliver top quality advice – a star of the future.”
“For someone relatively junior he provides very strong and robust advice (written and oral) and is prepared to provide an honest view without unnecessary embellishment. His advocacy is first rate.”
Chambers and Partners (2022)
“An excellent junior and would always be a top choice for complex multi-jurisdictional private wealth disputes. He is an excellent strategic thinker.”
“Tim is future silk material and is very robust in the opinions he gives… I am always confident that he will help to achieve the best potential outcome.”
“Has knowledge and strategic nous well beyond his years.”
“Great, however complex the case or difficult the client. He has a ready way of conveying complex points to the court.”
“An excellent bedside manner with clients and an ability to distil complex points in clear, concise language.”
“Without doubt, technically gifted and, more importantly, gives clear, definitive advice.”
Legal 500 (2022)
“An absolute superstar.”
“Timothy is a real up and comer and is clearly developing a strong reputation for private client / offshore trust work. His written work is excellent and he works well part of a team. ”
“A highly effective junior, and an excellent advocate on his own feet.”
“Helpful and bright with a good future.”
Chambers and Partners (2021)
“He is terrific, really smart and practical. He’s tremendously accessible and approachable.”
“He is very down to earth with a human approach. He is astute and patient, very good on his feet and excellent at legal research.”
“A barrister on the rise”.
“Really good to work with,” he is “knowledgeable and very commercially minded,” as well as somebody who is “able to make commercial calls as well as legal ones.”
“He is absolutely brilliant – super bright, very quick and very responsive and someone who did a great job for us. His written work was excellent.”
“He’s direct, tells it like it is, distils complex things into clear English and is very personable.”
Legal 500 (2021)
“Has an excellent nose for the way in which judges are likely to approach cases instinctively. He is tough, tenacious and charming.”
“Highly effective and dependable”.
“Exceptionally bright, years ahead of his call in his knowledge and capability, extremely approachable and conscientious”.
Chambers and Partners (2020):
“An emerging talent at the Commercial Chancery Bar. He is regularly trusted with high-value matters and is the junior of choice for a number of high-profile chancery silks. Tim Sherwin is a very able junior, with a maturity and level of ability which belies his call. He’s very easy to deal with. He has been excellent; really good on the detail and very confident in a good way. Clients really like him, and juniors like working with him.”
