Timothy Dutton QC

Tim is recognised as a leading property silk, and acts in both contentious and non-contentious matters.

A significant proportion of Tim’s cases are commercial chancery cases with a “property flavour”.  Examples from his reported cases include KPMG v. Network Rail (CA) (claim for “rectification by construction” and for rectification in equity – the case was an important pre-curser to the Supreme Court’s decision in Chartbrook v. Persimmon Homes); Meretz v. ACP (ChD/CA) (multi-faceted claim, including claims in conspiracy, and procuring breach of contract); FoodCo v. Henry Boot Developments (alleged mis-selling of shopping centre and effect of non-reliance clauses); Williams v. Redcard (execution requirements of sections 43 and 44 of the Companies Act 2006), and Re Blenheim Leisure Ltd (CA) (whether a landlord has locus standi to oppose an application to restore a company to the register).

But Tim also specialises in what may be regarded as pure property litigation.  Again, a sample of his reported cases gives an indication of the breadth of his practice:  Housden v. Conservators of Wimbledon and Putney Commons (ChD/CA) (whether it is possible to acquire prescriptive rights over Wimbledon and Putney Commons); Cravecrest v. Duke of Westminster (UT/CA) – whether the price payable on a collective enfranchisement can include development value (appeal to the Supreme Court later in 2014)); Legal & General v. Expeditors International (ChD/CA) (meaning of “vacant possession” in a break option, and whether break conditions had been waived); Renewal Leeds v. Lowry Properties (ChD) (interpretation of overage clause); Centreland Management v. HSBC (ChD) (renewal of business tenancies – test to be applied when deciding whether a “Calderbank” offer has been beaten), and First Penthouse v. Channel Hotels and Properties (ChD/CA) (whether licence to assign withheld for collateral purpose).

The clerks are happy to discuss the basis on which Tim will act in any given matter. In the absence of express written agreement otherwise, the terms under which Tim accepts instructions are The Standard Contractual Terms for the Supply of Legal Services By Barristers to Authorised Persons 2012 (as updated from time to time) referred to in the BSB Handbook.

Notable Cases

Trillium (Prime) Property GP Ltd v Elmfield Road Ltd (2018)

Friends Life Management Services Ltd v A & A Express Building Ltd (2014)

Centreland Management LLP v HSBC Bank Pension Trust (UK) Ltd (2013)

Cravecrest Ltd v Trustees of the Will of the Second Duke of Westminster & Ors (2013)

Roger Williams & Ors v Redcard Ltd & Ors (2011)

Daniel Pittack v Muhammad Maximilian Naviede (2010)

Linpac Mouldings Ltd v Aviva Life & Pensions UK Ltd (Formerly Norwich Union Life & Pensions) (2010)

FoodCo UK LLP (T/A Muffin Break) & Ors v Henry Boot Developments Ltd (2010)

Heronslea (Mill Hill) Ltd v Kwik-Fit Properties Ltd (2009)

Michael Housden & Anor v Conservators of Wimbledon & Putney Commons (2008)

KPMG v Network Rail Infrastructure Ltd (2007)

Meretz Investments NV & Ors v ACP Limited and Ors (2006)

Kenneth Hart & Ors v Susan Burbidge & Ors (2013)

Konstantinidis v Townsend

Go West v Spigarolo

Clinton Cards (Essex) Ltd v Sun Alliance & London Assurance Co Ltd (2002)

Gilje v Charlegrove Securities Ltd (2003)

West Sussex Properties v Chichester District Council (2000)

Forrester v UYCF (2000)

Hallisey v Petmoor Developments Ltd (2000)

Peter Pexton v Wellcome Trust (2000)

Clarence Cafe (in administration) v Comchester Finance (1998)

Parc Battersea v Hutchinson

Fordgate Wandsworth v Bernard Neville & Co and Teacher Stern Selby (1999)

Re: Blenheim Leisure (Restaurants) Ltd (1999)

Re: Blenheim Leisure (Restaurants) Limited (No.2) (1999)

Wellcome Trust Ltd v Hammad (1997)

Barclays Bank PLC v Prudential Assurance Co Ltd (1997)

Memberships
Chancery Bar Association
Property Bar Association

Qualifications
BA (Dunelm)