Timothy is a chancery barrister with a practice in private client and business litigation. He has detailed experience of contentious trusts and probate, Court of Protection matters, company and 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 appears led and in his own right in the High Court, and regularly conducts hearings in the County Court. He has been described by clients as an “excellent” advocate whose performance in court is “exceptional“, with a judge recently complimenting him following a multi-day trial for his “helpful skeleton arguments“, his “pragmatic and skilled questioning of witnesses“, and his “clear and well-structured closing submissions“. Timothy has extensive experience appearing in trials, appeals, and interim hearings and applications. In addition, Timothy regularly appears in the Interim Applications Court of the English High Court under the Chancery Litigants in Person Scheme, and was recently complimented by two High Court Judges for having “acquitted himself with distinction” at a hearing and for the “exemplary” way in which he successfully presented a client’s applications.
Timothy has completed a 5-month secondment in the top-ranked trusts and succession department of a leading international law firm, where he handled and advised on a very wide range of domestic and international trusts and succession matters.
Notable current and recent work includes:
Byers & ors v Samba Financial Group  EWHC 951 (Ch);  EWHC 3180 (Ch);  3181 (Ch); and ongoing: Timothy, with Stephen Smith QC, David Brownbill QC and Adam Cloherty, acts for the Claimants in this major piece of commercial-chancery litigation, in which the Claimants claim that the Defendant bank unconscionably received over US$ 300 million worth of shares pursuant to a transfer from a director of a company (now in liquidation) where the transfer was in breach of a series of trusts in favour of the company declared by the director over those shares. The claim raises important and complex issues regarding the governing law of trusts under the Hague Convention, consequent equitable proprietary claims, and the relevant conflict of laws principles in respect of knowing/ unconscionable receipt.
Re Energy Corrector Limited  EWHC 1139 (Ch); EWHC 144 (Ch);  EWHC 651 (Ch): Timothy acted as sole counsel in this unfair prejudice petition presented to the English High Court under section 994 of the Companies Act 2006. The petition raised difficult issues of standing, trusts over shares, and the situations in which members of companies are entitled to equitable compensation where directors have breached their duties to the company. In a judgment given following an interlocutory hearing, Timothy was praised by the judge for having “fulfilled most admirably and properly the traditions of the Bar” in making his submissions. Timothy subsequently obtained judgment on the petition following the First Respondent’s defence being struck out.
Re Z  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.
Re the X Trusts  SC (Bda) 56 Civ: Timothy, assisting David Brownbill QC and Andrew Holden, was part of the counsel team acting for one of the groups of beneficiaries seeking the removal of the directors of corporate trustees (or of the corporate trustees themselves) in respect of a series of settlements said to be worth c. £5 billion in this novel and important case before the Supreme Court of Bermuda. The court considered, for the first time, its power to direct the removal or retirement of directors of corporate trustees under its supervisory jurisdiction in respect of trusts.
The Libyan Investment Authority v Société Générale SA (2017): Timothy was instructed as part of the junior counsel team for the claimant LIA in this US$ 2 billion piece of commercial banking and civil fraud litigation. The claim was settled very shortly before commencement of a 14-week trial in the Commercial Court of the English High Court, with Société Générale apologizing to the LIA. It was one of the largest and most complex civil fraud claims before the English courts.
The Libyan Investment Authority v Goldman Sachs Intl  EWHC 2530 (Ch): Timothy was instructed as a junior for the claimant LIA in this seven-week trial in the Chancery Division of the English High Court. The LIA was seeking to set aside a series of nine derivative transactions worth US$ 1.2 billion allegedly brought about by undue influence and as unconscionable bargains. This commercial banking and financial services case is now the leading case on the law of undue influence and unconscionable bargains in commercial transactions. The case was selected as one of the top 20 cases of 2016 by The Lawyer.
Fuller details of Timothy’s experience are set out below.
Areas of experience
Checked sections will be included in the PDF download.
“A Breakdown in the Trust: the Removal of Trustees”, ACTAPS Newsletter (Issue 201), September 2016.
Timothy has edited half of the current Lexis Nexis practice notes relating to administrations under the Insolvency Act 1986 (as amended).
Lectures and Seminars
Timothy regularly provides seminars and lectures. He is very happy to talk on any subject within his practice areas.
Recent and forthcoming examples of talks include:
Remedies in equity: accounting and equitable compensation.
Limitation of claims in probate and succession cases.
The removal of trustees.
Norwich Pharmacal orders.
Amendment of trusts and the Variation of Trusts Act 1958.
Timothy is always happy to provide the materials for his talks to anyone who is interested. Please contact Timothy at firstname.lastname@example.org his clerks at email@example.com for more information on Timothy’s availability or on the topics Timothy has talked about.