Year of Call: 1983

Profile

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. 

1.   Commercial

By way of example, in recent years he has completed two substantial commercial arbitrations, one ICC arbitration in Singapore under the laws of Thailand relating to a joint venture for the production of eucalyptus pulp; and the other an LCIA arbitration under the laws of New York relating to an IT royalties arrangement; he has acted for Hanson plc in relation to an interference by a pipeline with its aggregates dredging operation in the North Sea; he has acted on behalf of Danone for the purpose of obtaining a Norwich Pharmacal order to support economic tort proceedings in California (Danone Asia PTE Ltd v SB Chow & Co [2008] HK CFI 961); he has successfully opposed the disqualification of an arbitrator for bias in an UNCITRAL arbitration (Jung Science Information Technology Co Ltd v ZTE Corpn [2008] HK CFI 606); and has acted for a hedge fund in the BVI in relation to a hotel project joint venture on the mainland of China.

2.   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.  By way of example, he has been instructed in Lennox Lewis v Eliades (extent of beneficial interest, and the law of set-off); for Barclays Bank in Barclays Bank v Savile Estates (time of essence in rent review clause); in relation to one of the first cases on the Trusts of Land Act 1996 (The Mortgage Corporation v Shaire); on a standard form covenant in a Crown Lease in Hong Kong, where issues of waiver and estoppel arose (Expressluck Development Ltd v Secretary For Justice [2007] HK CFI 754); in relation to the interpretation of a building covenant (Jarvis Homes v Marshall, Court of Appeal); on the issue of whether a property transaction could be struck down as a sham (Westworld Ltd v Azulay); and Howard De Walden Estates v Malekshad, House of Lords (leasehold enfranchisement).

3.   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.  He has been in some of the leading authorities including Platform Home Loans v Oyston, House of Lords (valuers’ negligence, damages) Mortgage Express v Bawerman (extent of solicitor’s duty to a lending institution); and Zwebner v The Mortgage Corporation (solicitor’s liability on an undertaking).

4.   Company and Insolvency

He has acted for HSBC in the Akai liquidation (Kong Wah Holdings Ltd v HSBC [2007] HK CFI 1056); in the long running Macro litigation (unfair prejudice, rights of pre-emption); Rosshill Properties (receivership); Lord v Sinai Securities (test for transaction at undervalue); and Greenhaven Motors (the sanctioning of a compromise).

Tim is called to the Bar in Hong Kong, and has a door tenancy at Gilt Chambers, c/o Room 3403, Tower One, Lippo Centre, 89 Queensway, 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).

He sits as an arbitrator, and is an accredited mediator. He is recommended in The Legal 500; Chambers UK Directory; and Legal Experts.

His publications include being a contributing editor to Snell’s Equity; Hill & Redman; and Professional Negligence and Liability.

Publications
Snell's Equity (31st Edition), Contributory Editor
Sweet & Maxwell's Land Registration Act 2002, Contributory Editor
Professional Negligence and Liability, Contributory Editor
Lloyds Law Reports: Professional Negligence, Contributory Editor
Hill & Redman's Law of Landlord and Tenant, Contributory Editor
Sweet & Maxwell's Hong Kong Civil Justice Reform Practice Manual, Contributory Editor

Notable Cases
PGF II SA & PGF II (Lime) SA v Royal & Sun Alliance Insurance Plc (2010)
PGF II SA & PGF II (Lime) SA v Royal & Sun Alliance Insurance Plc (2010)
Westvilla Properties Ltd v Dow Properties Ltd (2010)
Forty-Five Holdings Ltd v Grosvenor (Mafair) Estate (2009)
Lennox Lewis v Eliades & Ors (2005)
Lord v Sinai Securities Limited (2004)
Collins v Howard de Walden Estates Ltd
Malekshad v Howard de Walden Estates Ltd
Malekshad v Howard de Walden Estates Ltd (No.2) (2003)
Lloyds TSB Bank v Edward Symmons
Rock Garden Limited v Covent Garden Market LP
P&O Overseas Holding v Rhys Braintree
Barclays Bank v Saville Estates
The Mortgage Corporation v Shaire
Platform Home Loans Ltd v Oyston Shipways Ltd
Nyckeln Finance v Edward Symmons
Re: Macro

Click here to see all cases.

Memberships
Commercial Bar Association
Chancery Bar Association
Property Bar Association (committee member)
Professional Negligence Bar Association
Hong Kong Bar Association

Qualifications
MA (Oxon) First Class, BCL

Chambers UK
Real Estate: "thorough advice and fine-quality written submissions." (2010) ""the sort of advocate you can trust" providing "pragmatic, sensible counsel."" (2008); "extremely able and hard-working"

UK Legal 500
Professional Negligence, Property Litigation

Legal Experts 2008
Commercial litigation, Professional negligence, Property