Timothy has a broad commercial-chancery practice. He has detailed experience of aviation claims, banking & financial services, civil fraud and asset tracing, company law, general commercial disputes, insolvency law, partnership work, and trusts, estates & probate 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 a High Court Judge for the “exemplary” way in which he successfully presented a client’s application.

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 [2019] EWHC 951 (Ch); [2018] EWHC 3180 (Ch); [2018] 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 [2019] EWHC 1139 (Ch); [2019] EWHC 144 (Ch); [2018] 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 [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.
  • Re the X Trusts [2018] 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 [2016] 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

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  • Aviation

    Timothy is regularly instructed in his own right in aviation cases involving allegations of breach of contracts of carriage, as well as compensation claims under Regulation 261. Timothy has appeared in a very large number of hearings and trials in aviation matters, and has a very thorough knowledge of this area of law.

    Further, during pupillage, Timothy gained considerable experience in aviation cases, including:

    • Assisting in and preparing cross-examination during the trial of a claim by a management company against the owner of an aircraft, which raised questions of construction of contracts, negligence and bailment
    • Settling Particulars of Claim in cases involving the breach of aviation leases.
    • Settling Particulars of Claim in claims for conversion of aircraft.
    • Assisting with a claim concerning the re-charging of international air expenses to a holiday operator by an airline.
    • Assisting with the preparation for and drafting of skeleton arguments in a summary judgment hearing worth over £2million.
  • Banking and Financial Services

    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.

    In Byers & ors v Samba Financial Group [2019] EWHC 951 (Ch); [2018] EWHC 3180 (Ch), [2018] 3181 (Ch) & ongoing, Timothy (with Stephen Smith QC, David Brownbill QC and Adam Cloherty) acts for the Claimants in this major piece of commercial banking litigation. 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 equitable proprietary claims, and the relevant conflict of laws principles in respect of knowing/ unconscionable receipt.

    Timothy was instructed in Libyan Investment Authority v Société Générale SA & ors (2017), for the claimant LIA (alongside Edward Cumming QC). This major claim turned on an allegation that the defendants pursued a fraudulent and corrupt scheme to induce the claimant sovereign wealth fund to enter over US$ 2 billion worth of transactions. 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.

    He had previously appeared as a junior on behalf of the claimant in Libyan Investment Authority v Goldman Sachs International [2016] EWHC 2530 (Ch) (alongside Edward Cumming QC and Robert Avis), a 7-week trial in the Chancery Division of the High Court centring around allegations of undue influence and unconscionable bargain in respect of financial derivative transactions worth in excess of $ 1 billion. The Lawyer magazine selected the case as one of its “Top 20” for 2016.

    Timothy also acted unled in Alpha Bank London Ltd v Katsarou (2016), a stakeholder claim concerning the beneficial ownership of bank accounts containing several hundred thousand US dollars. This complex claim involved questions of choice of laws, express and resulting trusts, and the scope of a bank’s duties to its clients in negligence and contract. The claim was settled prior to trial.

    He is used to advising on the application of the Payment Services Regulations 2009 and on the impact of fraud on bank payments. Timothy has settled particulars of claim in miss-selling cases. He is thus experienced in financial services claims.

    Timothy regularly writes and speaks on banking and financial services law. Recent examples include his paper “The banker’s duty of care for fraudulent payments” in the Journal of International Banking and Financial Law (vol. 32(6)) June 2017; and his talk on implied mispresentations at XXIV’s 2017 London Commercial Conference.

  • Civil Fraud, Asset Tracing & Recovery

    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. Indeed, he has been instructed in some of the largest and most important such cases before the English courts in recent years, such as:

    • Byers & ors v Samba Financial Group [2019] EWHC 951 (Ch); [2018] EWHC 3180 (Ch), [2018] 3181 (Ch) & ongoing (with Stephen Smith QC, David Brownbill QC and Adam Cloherty), a US$ 330 million unconscionable/ knowing receipt claim against a Saudi bank;
    • The Libyan Investment Authority v Société Générale SA & ors (2017), a claim which, prior to settling shortly before trial, centred on allegations of a major fraudulent and corrupt scheme by which the defendants are said to have procured US$ 2 billion worth of transactions from the claimant LIA (where Timothy was instructed as part of a team together with Edward Cumming QC); and
    • The Libyan Investment Authority v Goldman Sachs International [2016] EWHC 2530 (Ch) (alongside Edward Cumming QC and Robert Avis), a 7-week trial in the Chancery Division of the High Court centring around allegations of undue influence and unconscionable bargain in respect of financial derivative transactions worth in excess of US$ 1 billion. The Lawyer magazine selected the case as one of its “Top 20” for 2016.

     

    Timothy has also been involved in a claim on behalf of an Egyptian company seeking to recover money paid away pursuant to an alleged email fraud (where Timothy was instructed as sole counsel); and an appeal to the Court of Appeal on the interaction of insolvency law to the quantification of damages in the tort of conspiracy (led by Steven Thompson QC).

    Much of Timothy’s work in this area arises from the context of trusts, insolvency and company matters, in which he has particular experience. Thus, for example, Timothy has recently advised on a case involving very complicated questions of the law of trusts, agency, company law and fraud, as well as the conflicts of laws.

    Timothy has particular knowledge and experience of Norwich Pharmacal orders in the context of fraud claims where the identity of a defendant is not known to the claimant as a result of the fraud. He has frequently advised on and has settled applications for Norwich Pharmacal relief where a fraud has resulted in the transfer of money or property to unknown individuals.

  • Commercial Litigation

    Timothy is regularly instructed in commercial cases as part of his busy commercial-Chancery practice.

    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.

    Thus, recent commercial litigation in which Timothy has been instructed include Byers & ors v Samba Financial Group [2019] EWHC 951 (Ch); [2018] EWHC 3180 (Ch), [2018] 3181 (Ch) & ongoing, a $330 million unconscionable/ knowing receipt claim by an investment company against a Saudi bank; The Libyan Investment Authority v Société Générale SA & ors (2017), a $ 2.1 billion fraud claim against a French bank which settled very shortly before a 14 week trial in the English Commercial Court; The Libyan Investment Authority v Goldman Sachs International [2016] EWHC 2530 (Ch), a seven-week trial of claims of undue influence and unconscionable bargain against an investment bank.

    In addition to these major pieces of commercial litigation, Timothy regularly deals with commercial matters as sole counsel. For example, in Stafford v Workplace Options LLC (2017) Timothy acted for the defendant at trial and successfully on appeal in the County Court at Exeter in a dispute over invoices and the scope of good faith clauses implied into contracts; and in Thoud Developments Limited v Rynew Property Management Limited (2019) Timothy appeared successfully at a day-long trial of accounts between the Claimant freeholder and its former managing agent in the County Court at Central London, obtaining numerous heads of relief for his client. Timothy is currently instructed on a number of claims against agents for breaches of fiduciary duty; a claim for breaches of warranty and misrepresentation following the sale and purchase of shares in a company; and a number of breach of contract claims. He is comfortable dealing with all manner of commercial disputes.

    Timothy is particularly interested in art and cultural property law. He has considerable experience of advising and pleading such cases. Much of Timothy’s work in this area is necessarily confidential. However, one prominent example was Meem Ya Meem LLC v Sotheby’s (2017), a claim by purchasers of a statue against a leading auction house in which the purchasers alleged that they are entitled to rescind the sale based on the auction house’s misrepresentations as to when the statue was cast (Timothy was led by Edward Cumming QC). This claim was settled after close of pleadings. Timothy has also recently advised on the availability of Norwich Pharmacal orders to oblige an auctioneer to reveal the name of a seller to the purchaser of a work of art.

  • Company

    Company law is a particular interest of Timothy’s, and he welcomes instruction to appear in and advise on matters engaging all areas of company law. A special interest of Timothy’s is the interaction between trusts and company law, and he has gained extensive experience considering and advising in such matters.

    Further, Timothy is a contributing editor to 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:

    • Re Energy Corrector Limited; Brouwer v Anstey [2019] EWHC 1139 (Ch); [2019] EWHC 144 (Ch); [2018] EWHC 651 (Ch). Timothy acted as sole counsel for the petitioner in a series of hearings in this section 994 petition. The petition raised interesting issues of standing, trusts in respect of shares, the payment of equitable compensation by a shareholder to another shareholder, and the extent to which a petitioner is entitled to judgment under CPR r. 3.5 following the Respondent’s defence being struck out. Timothy successfully obtained judgment for the petitioner.
    • Pattie v Thornhill (2018). This was a claim for breach of a share sale agreement, which also raised issues of proprietary estoppel in respect of shares. Timothy acted for the Claimant in a 3 day trial in Oxford County Court. In her judgment, the judge complimented Timothy on his “helpful skeleton arguments, [his] pragmatic and skilled questioning of witnesses and [his] clear and well-structured closing submissions“.
    • Settling numerous petitions under section 994 of the Companies Act 2006.
    • Settling just and equitable winding-up petitions under section 122(g) of the Insolvency Act 1986.
    • Preparing applications for rectification of the register under section 125 of the Companies Act 2006.
    • Considering and advising shareholders on questions of reflective loss and derivative claims.
    • Appearing in applications under the Companies Act 2006, such as applications to restore companies to the register under section 1029.
  • Hedge Funds & Structured Investment Vehicles

    Timothy’s pupillage involved a major focus on hedge fund disputes, where Timothy:

    • Assisted in advising the liquidators of a hedge fund on the availability of claims in restitution, breach of fiduciary duty as well as insolvency claw-back claims.
    • Assisted in advising the investors in a several inter-linked hedge funds on the merits of challenging the decision of the fund administrator to invest heavily in illiquid assets.
    • Assisted in settling Particulars of Claim for breach of guarantee in respect of a multi-million pound investment in a hedge fund.
  • Insolvency

    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.

    Timothy is used to advising and working with both insolvency practitioners and others involved in the insolvency process. For example:

    • He acted in Re Vigneswaran; Vigneswaran v 1st Credit (Finance) Limited (2018). This was an unusual trial of an annulment application in a bankruptcy. Timothy acted for the applicant bankrupt at the trial. The case raised important issues of banking law, particularly in respect of the responsibility for non-payment of direct debits; and of contract law, in particular difficult questions of consideration. Judgment is awaited.
    • Timothy also appeared in Re Bell; Miller v Bell (2018), a 2 day trial of an application made under section 423 of the Insolvency Act 1986 to set aside a trust declared over a property by the bankrupt some years prior to the bankruptcy. Timothy represented the successful trustee-in-bankruptcy. He was praised by the judge, in the course of her judgment, for his “expertisein presenting the case.
    • Timothy obtained directions from the High Court in an urgent application by a trustee-in-bankruptcy  under section 303(1) of the Insolvency Act 1986 in Re Sandhu; Leeds v Sandhu (2018), a complex and time-sensitive case in which the trustee-in-bankruptcy sought and received the High Court’s assistance in respect of proceedings involving the bankrupt’s estate in India. This matter is indicative of the international aspect of much of Timothy’s work.
    • Timothy has advised on several occasions as to the scope and effect of the insolvency of deceased persons, both in a domestic and in an international context. Timothy has advised beneficiaries, personal representatives and third party creditors in such cases.
    • Timothy was involved in an appeal to the Court of Appeal in respect of an application to set aside a statutory demand where the debtor alleges a conspiracy by the creditors. The matter raises difficult questions of the interaction of insolvency law principles and the quantification of damages in the tort of conspiracy. Timothy was led by Steven Thompson QC.

    Timothy also has particularly detailed expertise in applications and advice on the law relating to administration, since he has edited and updated half of the current Lexis Nexis practice notes on administration.

  • Partnership and Joint Ventures

    Timothy has appeared in the High Court in applications in partnership matters.

    During his pupillage, Timothy drafted a Defence in a partnership/ joint venture dispute. He also advised in a complicated dispute involving an insolvent partnership and the application of the Insolvent Partnerships Order 1994.

  • Professional Negligence

    Many of Timothy’s cases involve questions of professional negligence. For example, Timothy has prepared advice for trustees considering on what basis to settle claims against third parties who were also pursuing their legal advisors for negligence; he has advised beneficiaries and third parties on possible claims against professionals flowing from the rule in White v Jones [1995] 2 AC 207; and he has several times advised on, pleaded and pursued professional negligence claims against bankers, managing agents and art professionals.

  • Real Estate Litigation

    Timothy is frequently instructed on cases which have a real property aspect.

    • Thoud Developments Limited v Rynew Property Management Limited (2019): Timothy acts for the Claimant in these proceedings arising from the management of a block of flats. He appeared successfully at a day-long trial of accounts between the Claimant freeholder and its former managing agent in the County Court at Central London, obtaining numerous heads of relief for his client.
    • Wright v Wright (2019): Timothy acted for the Claimant in a claim concerning the beneficial ownership of a property held in a settlement governed by the Settled Land Act 1925, created pursuant to his father’s will, where the Defendant raised an estoppel argument. The Defendant abandoned his defence and counterclaim on the first day of a three-day trial.
    • Timothy appeared successfully in the Lower Tier Tribunal (Property Chamber) in the trial of in a dispute over the validity of a service charge (see Ainley v Bloore LON/00AW/LSC/2015/0281 & 0415).
    • He has frequently advised on and dealt with property questions arising in the context of possession claims, trust disputes and succession disputes.
    • He has been instructed in multiple claims against the managing agents of blocks of flats involving allegations of negligence, breach of contract and breach of fiduciary duty.
    • He has obtained interim and final injunctions protecting access to rights of way.

    Timothy has also drafted the Defence in a dispute between various family members in a family home, which included questions of constructive and resulting trusts over the property.

  • Trusts, Probate & Estates

    A major part of Timothy’s practice focuses on trusts, probate and estates, in line with XXIV Old Buildings’ well-recognised expertise. Timothy has recently developed his own expertise in this area while on a 5-month secondment in the offices of the top-ranked trusts and succession department of a major international law firm, during which he handled and advised on a very broad range of trusts and succession matters. In particular, Timothy is comfortable and familiar with cases which engage complex questions of jurisdiction and the choice of laws, as is shown by the numerous cases set out below in which he has grappled with such issues.

    While the majority of his work in this field is on contentious matters, Timothy is also happy advising on non-contentious matters.

    Trust matters

    Timothy is exceptionally well experienced in trust disputes, both domestic and international. Many of the matters on which he is working deal with the interface between trusts and companies, which is a particular interest of Timothy’s.

    Recent work includes:

    • Byers & ors v Samba Financial Group [2019] EWHC 951 (Ch); [2018] EWHC 3180 (Ch), [2018] 3181 (Ch) & ongoing: Timothy (with Stephen Smith QC, David Brownbill QC and Adam Cloherty) acts for the Claimants in this major piece of commercial-chancery litigation. 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 in writing 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 in particular the effect of trusts declared over assets situate in jurisdictions which do not know the concept of trusts), and of the relevant conflict of laws principles in respect of knowing/ unconscionable receipt.
    • In the matter of the X Trusts [2018] 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 trustee 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.
    • Wright v Wright (2019)Timothy acted for the Claimant in a claim concerning the beneficial ownership of a property held in a settlement governed by the Settled Land Act 1925, created under his father’s will, where the Defendant raised an estoppel argument. The Defendant abandoned his defence and counterclaim on the first day of a three-day trial.
    • In the matter of a Trust: Timothy is instructed in a complex dispute arising from a fraud against a company within a trust structure. The dispute raises questions relating to the use of holding companies within a trust structure, and engages legal questions in a number of key trust jurisdictions, including as to the extent of the duty in Bartlett v Barclays Bank Trust Co Ltd (No. 1) [1980] 2 WLR 43.
    • Alpha Bank London Ltd v Katsarou (2016). Timothy acted for the First Respondent in this stakeholder dispute concerning the existence of express, resulting and/or constructive trusts declared or imposed in respect of English bank accounts containing in excess of $700,000. The claim raised issues of Greek and Louisiana matrimonial and succession law, as well as English conflicts of law questions. The case settled following mediation.
    • Acting for both trustees and beneficiaries in a number of domestic and international trusts disputes. Timothy has worked on cases which involve trusts settled under the laws of England, Jersey, Guernsey, the Isle of Man, Bermuda, the Bahamas, Prince Edward Island, BVI and the Cayman Islands. He is also experienced in dealing with the conflicts of laws issues which arise in such cases.
    • Advising on cases in which there arise difficult questions of company and trusts law, especially within private express trusts structures which use corporate trustees and holding vehicles. The interaction between trusts and company law in such circumstances is an area of particular interest to Timothy.
    • Advising trustees in respect of settlements made under the Settled Land Act 1925.
    • Advising trustees on liability for breach of the self-dealing rule.
    • The application of the Hague Trust Convention on trusts settled over assets situate in countries which do not recognize trusts.

     

    Succession, probate and estates matters

    Timothy very frequently acts in and advises on succession, probate and estates matters, which form a central area of his practice. Some recent examples of Timothy’s work are:

    • Claims under the Inheritance (Provision for Family and Dependants) Act 1975. Timothy has acted for and advised beneficiaries, personal representatives and third party claimants in such cases. Timothy’s experience includes spousal claims, the claims of both adult and infant children, and claims by those who lived with the deceased as spouses. Examples include: Re Duffy (dec’); Duffy v Harris (2019) and ongoing, an application by an adult of the deceased in which Timothy acted for the defendant in an unusual and hard-fought application to strike out the claim in the High Court; Re McIver (dec’d); Price v McIver (2018) and ongoing, an application in the High Court in Liverpool in which Timothy acts for the applicant partner of the deceased who is seeking financial relief following his suffering very serious injuries at the same time as the deceased died; Re Douglas (dec’d); Montgomery v Douglas (2018), an application in the High Court in London in which Timothy acted for the defendant administrator and father of the deceased where the deceased had been a patient of the Court of Protection and his mother was seeking increased benefit from his estate; and Re Omaning-Okantah (dec’d); Okantah v Okanta (2017), an application in the County Court at Central London in which Timothy acted for the defendant executors and children of the deceased in a claim brought by the deceased’s second wife on behalf of the deceased’s youngest daughter (the claim was settled at mediation).
    • Advising on, drafting and appearing in all manner of contentious probate claims. Timothy has been involved on behalf of claimants, PRs and beneficiaries in claims involving fraud, undue influence, want of knowledge and approval, and lack of testamentary capacity. Timothy is also frequently involved in the mediation of such claims.
    • Dealing with numerous applications to remove PRs, including in very complex and high value estates.
    • Advising, drafting and appearing in claims involving disputes over the effect of lifetime gifts and transfers by the deceased.
    • Advising on a complex international commercial dispute against the estate of a deceased person domiciled in England, progressing before the courts in Switzerland. Timothy advised on numerous technical issues of English substantive and private international law relating to succession and the administration of estates.
    • Advising on the disclaimer of onerous legacies.
    • Part 8 claims on the construction of wills.

     

    Court of Protection matters

    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 [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.

    Art and cultural property matters

    Timothy has a special interest in art and cultural property matters. He has 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. Timothy welcomes instructions which raise issues of art and trust law.

    Charity matters

    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.