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Timothy Collingwood

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Timothy Collingwood

Areas of Expertise

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Year of Call: 1996 tcollingwood@serlecourt.co.uk

Overview

Tim has a broad commercial and chancery practice, with a particular emphasis on litigation concerning issues in respect of commercial agreements and company, insolvency and international trusts matters.  The directories recognise him as a leading practitioner in these fields.  He has extensive experience of claims concerning breaches of duty, in particular in respect of directors or trustees and frequently involving allegations of fraud, and of shareholder disputes.

Prior to commencing practice in this jurisdiction, Tim was called to the bar in the Cayman Islands and practised as an attorney-at-law.  He continues to undertake work in respect of offshore jurisdictions.

Areas of Expertise and Cases


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Company

Tim has considerable experience in company law matters.  He is recommended for company work in Chambers and Partners, the Legal 500 and Who's Who Legal. Chambers and Partners has stated that he “stands out for his ‘sharp intellect and clear enjoyment of the most complicated of company matters’”.  He has particular expertise in shareholder disputes, including unfair prejudice petitions and just and equitable winding up, and claims involving allegations of breach of duty by directors.  His work has included all manner of disputes in respect of companies of varying size, value and business; from claims concerning hedge funds or investment funds or sports agency companies to companies in the business of slaughtering cattle or processing steel.  He acts in offshore as well as domestic company disputes.

Tim is also one of the authors of Minority Shareholders: Law, Practice and Procedure (fifth edition, OUP).

A number of the matters in which Tim is instructed settle prior to trial. Cases that have fought include:

Burberry Group Plc v Fox-Davies (Court of Appeal) ([2017] EWCA Civ 1129; first instance reported at [2015] 2 BCLC 66) - leading case on access to the register of members of a company, the meaning of "proper purpose" and the requirements for a valid request.

Cullen Investments Ltd v Brown ([2017] EWHC 1586 (Ch)) - successfully represented the claimants at the trial of a derivative claim for breach of duty and diversion of opportunity, together with related personal claims concerning a property joint venture.

Re Migration Solutions Holdings Limited ([2016] EWHC 523 (Ch)) – successful defence of an unfair prejudice petition alleging unfair exclusion from management and breaches of duty.

Cullen Investments Ltd v Brown ([2016] 1 BCLC 491; [2015] BCC 539) - successful application for permission to continue a derivative claim in the context of a property joint venture.

Gilbert v Holms ([2014] EWHC 482 (Ch)) – successfully represented the claimant investor (and the third party) in a claim against a director for negligent misrepresentation in a private placement memorandum concerning the acquisition of shares in a pharmaceutical company.

Moxon v Litchfield ([2013] All ER (D) 133), – unfair prejudice petition concerning complaint of exclusion from management and cross-allegations of breaches of duty. Leading case on leaver provisions.

EVIC I v GEDVF II ([2012] JRC 146; [2013] JRC 004) – proceedings in Jersey concerning winding down of a Jersey investment fund.

Re: Southern Counties Fresh Foods Ltd ([2011] Costs LO 343) – unfair prejudice petition involving numerous allegations of unfair conduct and breach of duty in respect of a company in the meat trade.

Phillips v Phillips (Court of Appeal) ([2009] EWCA Civ 185) – dispute concerning ownership of shares and alleged appointment of director.

Beagle Properties v Tatanaki ([2008] All ER (D) 42) – claim concerning exercise of put option under share purchase agreement.


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Commercial Litigation

Tim has a broad commercial practice, including claims concerning all manner of commercial agreements, guarantees, share purchase agreements, agency or distribution agreements, shareholder disputes, investments and claims involving allegations of breaches of duty.  He is recommended for commercial chancery work in Chambers and Partners, which has stated that “he's not just an intellectual heavyweight, he also has excellent judgement”.  Examples of cases include:

Gilbert v Holms ([2014] EWHC 482 (Ch)) – successfully represented the claimant investor (and the third party) in a claim for negligent misrepresentation concerning the acquisition of shares in a pharmaceutical company.

EVIC I v GEDVF II ([2012] JRC 146; [2013] JRC 004) – proceedings in Jersey concerning winding down of a Jersey investment fund.

Leeds United Football Club Limited v Weston ([2012] 1 JLR Note 23) – claim concerning misapplication of credit card monies; application of forum conveniens in Jersey.

Re: Southern Counties Fresh Foods Ltd ([2011] All ER (D) 66) – shareholder dispute involving numerous allegations of unfair conduct and breach of duty in respect of a company in the meat trade.

Alhamrani v Alhamrani – substantial claims for breach of trust and breach of fiduciary duty in respect of two Jersey trusts.

Beagle Properties v Tatanaki [2008] All ER (D) 42 – claim in the Commercial Court concerning exercise of put option under share purchase agreement.


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Insolvency

Tim acts and advises in respect of both corporate and personal insolvency matters, with a particular emphasis on directors’ breaches of duty and asset recovery issues.  He is recommended for insolvency work in Legal 500.  Recent work has included acting in claims for misfeasance, claims in respect of transactions at an undervalue and transactions defrauding creditors, as well as acting for the trustee in proceedings concerning a financially distressed trust estate in Jersey.

Previous reported cases include:

Buchler v Almidani ([2006] BPIR 867) – decision concerning a trustee in bankruptcy’s application for documents against the bankrupt’s brother in a substantial bankruptcy.

Gil v Baygreen Properties Ltd ([2005] BPIR 95; [2005] 1 Costs LR 75) – misfeasance claim involving allegations of breach of fiduciary duty against a director in relation to a transaction at an undervalue.

Re Carman Construction Ltd [2000] BPIR 371 – a winding up petition by the supervisor of a CVA in respect of a company already in voluntary liquidation.

Raja v Goodman [2000] Ch 274 (CA) – case concerning the validity of the variation of voluntary arrangements under Insolvency Act 1986.


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Trusts and Probate

Tim has been involved in some of the substantial trusts cases of recent times, including cases such as Alhamrani v Alhamrani and the Thyssen litigation.  He has experience of cases involving breaches of trust and breaches of fiduciary duty by trustees, the negligent investment of trust assets, the sale of trust companies and of advising the trustee of a financially distressed trust estate in Jersey.  He is named as one of the leading barristers in trusts work by Citywealth, which describes him as “the ideal choice of barrister for any trust dispute”.  He has experience of practising full-time in an offshore jurisdiction (as an attorney–at-law in the Cayman Islands) and his work in this area of practice often concerns offshore jurisdictions, including Jersey, the Isle of Man and Gibraltar.  His work includes:

Alhamrani v Alhamrani – acting for new corporate trustee in significant trust litigation in Jersey.

Re the X Trust – claim in Jersey against corporate trustee for breach of trust in respect of investment.

C v D – claim regarding share purchase agreement in respect of sale of trust company.

Perczynski v Perczynski – substantial trusts litigation in Jersey in connection with matrimonial dispute.

Barker v RBC – claim against trustee concerning allegations of breach of duty in respect of investments.

Thyssen litigation - litigation in Bermuda concerning a claim to set aside a trust, and substantial associated personal claims.


Add section

Civil Fraud

Tim regularly acts and advises in cases concerning allegations of fraud and breach of fiduciary duty, often in the context of his other areas of work.

Cases include:

Gilbert v Holms ([2014] EWHC 482 (Ch)) – acted in a claim involving allegations of negligent and fraudulent misrepresentation made to an investor in respect of the acquisition of shares in a pharmaceutical company.

Leeds United Football Club Limited v Weston ([2012] 1 JLR Note 23) – claim concerning misapplication of credit card monies; forum conveniens in Jersey.

Simply Loans Direct Ltd v Wood [2006] All ER (D) 291 – successful summary judgment application in respect of breaches of duty by director.



All Quotes

Chambers & Partners:
"A highly respected junior who takes instructions on domestic and international cases. He is particularly noted for his capabilities in shareholder disputes" (2017)
"He is very personable, clear and good at grasping complex situations. He is also very good with clients." (2017)
"He is a great team player and has a full handle on the detail." (2017)
"He's very client-friendly and he explains things well." (2017)
"He's a real fighter. His advocacy is very good and he can spot points out of nowhere to give you a negotiating position." (2016)
"He really gets to grips with the case and is a close member of the team, very approachable and good fun to work with." (2016)
"He's very much a go-to senior junior for shareholder matters." (2016)
"An acknowledged expert in shareholder disputes" (2016)
"Combining a sharp mind with a wonderfully easy-going manner”
“a confident and talented advocate”
“He is very high calibre and has that certain wisdom and charisma that you would expect to see in a much older practitioner than him.  His paperwork is excellent, as is his client service.”
“He is highly responsive and provides first-rate advice and drafting.”
“he's not just an intellectual heavyweight, he also has excellent judgement”
“He is lauded for his provision of 'sensible, pragmatic and highly effective advice'”
“stands out for his 'sharp intellect and clear enjoyment of the most complicated of company matters'”
"A senior junior with a strong practice in company law .... Sources say he is a popular figure in the area, who is easy to deal with."
“superb on complex company structures”
"His knowledge of S994 petitions is really deep. He has great experience"
“He 'forms a view and a practical strategy that he sticks to when other less tenancious barristers might quail'”
“excellent at assessing very complex matters and simplifying them in a pragmatic way”
“applies his impressive intellectual rigour to all his instructions”
“highly regarded for his expertise in company disputes”
“'Excellent on paper' and in court”
“his skilled handling of cases concerning trusts, commercial disputes and insolvency proceedings is always welcome”
"He is very good with clients and very commercial"
“Solicitors say: 'His manner with clients instils trust and confidence from the outset.'”
“personable and possessed of a great strategic mind”
“a favourite with both silks and clients”
“He enjoys a reputation as 'a pragmatic advocate who delivers clear and concise advice'”
“excellent at striking up a great rapport with solicitors and clients”
“highly responsive and has the ability to review papers and draft pleadings when under severe time constraints”
“can be relied upon to 'inject a sense of calm and perspective to proceedings'”
“a sound choice on a wide range of matters”
“very approachable and practical”
“can get to the heart of issues very quickly”
“greatly impresses both peers and instructing solicitors”
“a popular choice”
“well recommended”
“business-oriented”

Chambers Global:
"not just clever, he also has judgement"
“Clients are grateful for [his] ability to 'come up with strategies that are invariably successful'”
“His 'manner is confident yet relaxed and calming'”

Legal 500:
"He is a pleasure to work with, and provides detailed, pragmatic advice on complicated issues" (2016)
"Very approachable, and recommended for corporate and personal insolvency matters." (2016)
"Combines his first-class mind with people skills and a cheery disposition." (2015)
"Very solid and thorough." (2015)
"A great team player; committed, knowledgeable and full of insight."
"Able to cut through complex factual and legal issues"
‘has a huge capacity for work; he takes on numerous clients with urgent needs, and makes time for all of them’
"intellectually first-class."
"an exceptional junior."
"one of the best juniors around ..... really bright, proactive and gets on well with clients."
"a 'really good junior'"

Who's Who Legal:
"an experienced junior who is highlighted as 'very good and very sensible'" (2017)

Citywealth Leaders’ List:
"Tim provides a service which is a fantastic combination of fierce intelligence and good humour: his easy personality is always a hit with lay clients who are also impressed by his obvious technical skills.  His ability to persuade, whether orally or on paper, is second to none." (2016)
"the ideal choice of barrister for any trust dispute" (2015)
"...particularly impressive in conference with the lay client where he is able to explain complex legal issues in an accessible way and give clear and firm advice when this is demanded. Tim is a great team-player, working as effectively with leading counsel as with junior solicitors. He is always available whatever the other pressures on his time, and works tirelessly to ensure that all those instructing him receive a quality product." (2015)
"I love working with Tim: he is bright, commercial and unfailingly cheerful."
“a very good junior indeed; he has outstanding technical skills … a pleasure to work with and very approachable”

Recommendations

Chancery: Commercial (Chambers & Partners)
Company (Chambers & Partners, Legal 500)
Insolvency (Legal 500)
Company & Partnership (Who's Who Legal: UK Bar)
Prominent barrister - trusts (Citywealth Leaders List)

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Timothy Collingwood

Timothy Collingwood

Year of Call: 1996
Email: tcollingwood@serlecourt.co.uk

Overview

Tim has a broad commercial and chancery practice, with a particular emphasis on litigation concerning issues in respect of commercial agreements and company, insolvency and international trusts matters.  The directories recognise him as a leading practitioner in these fields.  He has extensive experience of claims concerning breaches of duty, in particular in respect of directors or trustees and frequently involving allegations of fraud, and of shareholder disputes.

Prior to commencing practice in this jurisdiction, Tim was called to the bar in the Cayman Islands and practised as an attorney-at-law.  He continues to undertake work in respect of offshore jurisdictions.

Areas of expertise

Recommendations

Chancery: Commercial (Chambers & Partners)
Company (Chambers & Partners, Legal 500)
Insolvency (Legal 500)
Company & Partnership (Who's Who Legal: UK Bar)
Prominent barrister - trusts (Citywealth Leaders List)

Quotes

Chambers & Partners:
"A highly respected junior who takes instructions on domestic and international cases. He is particularly noted for his capabilities in shareholder disputes" (2017)
"He is very personable, clear and good at grasping complex situations. He is also very good with clients." (2017)
"He is a great team player and has a full handle on the detail." (2017)
"He's very client-friendly and he explains things well." (2017)
"He's a real fighter. His advocacy is very good and he can spot points out of nowhere to give you a negotiating position." (2016)
"He really gets to grips with the case and is a close member of the team, very approachable and good fun to work with." (2016)
"He's very much a go-to senior junior for shareholder matters." (2016)
"An acknowledged expert in shareholder disputes" (2016)
"Combining a sharp mind with a wonderfully easy-going manner”
“a confident and talented advocate”
“He is very high calibre and has that certain wisdom and charisma that you would expect to see in a much older practitioner than him.  His paperwork is excellent, as is his client service.”
“He is highly responsive and provides first-rate advice and drafting.”
“he's not just an intellectual heavyweight, he also has excellent judgement”
“He is lauded for his provision of 'sensible, pragmatic and highly effective advice'”
“stands out for his 'sharp intellect and clear enjoyment of the most complicated of company matters'”
"A senior junior with a strong practice in company law .... Sources say he is a popular figure in the area, who is easy to deal with."
“superb on complex company structures”
"His knowledge of S994 petitions is really deep. He has great experience"
“He 'forms a view and a practical strategy that he sticks to when other less tenancious barristers might quail'”
“excellent at assessing very complex matters and simplifying them in a pragmatic way”
“applies his impressive intellectual rigour to all his instructions”
“highly regarded for his expertise in company disputes”
“'Excellent on paper' and in court”
“his skilled handling of cases concerning trusts, commercial disputes and insolvency proceedings is always welcome”
"He is very good with clients and very commercial"
“Solicitors say: 'His manner with clients instils trust and confidence from the outset.'”
“personable and possessed of a great strategic mind”
“a favourite with both silks and clients”
“He enjoys a reputation as 'a pragmatic advocate who delivers clear and concise advice'”
“excellent at striking up a great rapport with solicitors and clients”
“highly responsive and has the ability to review papers and draft pleadings when under severe time constraints”
“can be relied upon to 'inject a sense of calm and perspective to proceedings'”
“a sound choice on a wide range of matters”
“very approachable and practical”
“can get to the heart of issues very quickly”
“greatly impresses both peers and instructing solicitors”
“a popular choice”
“well recommended”
“business-oriented”

Chambers Global:
"not just clever, he also has judgement"
“Clients are grateful for [his] ability to 'come up with strategies that are invariably successful'”
“His 'manner is confident yet relaxed and calming'”

Legal 500:
"He is a pleasure to work with, and provides detailed, pragmatic advice on complicated issues" (2016)
"Very approachable, and recommended for corporate and personal insolvency matters." (2016)
"Combines his first-class mind with people skills and a cheery disposition." (2015)
"Very solid and thorough." (2015)
"A great team player; committed, knowledgeable and full of insight."
"Able to cut through complex factual and legal issues"
‘has a huge capacity for work; he takes on numerous clients with urgent needs, and makes time for all of them’
"intellectually first-class."
"an exceptional junior."
"one of the best juniors around ..... really bright, proactive and gets on well with clients."
"a 'really good junior'"

Who's Who Legal:
"an experienced junior who is highlighted as 'very good and very sensible'" (2017)

Citywealth Leaders’ List:
"Tim provides a service which is a fantastic combination of fierce intelligence and good humour: his easy personality is always a hit with lay clients who are also impressed by his obvious technical skills.  His ability to persuade, whether orally or on paper, is second to none." (2016)
"the ideal choice of barrister for any trust dispute" (2015)
"...particularly impressive in conference with the lay client where he is able to explain complex legal issues in an accessible way and give clear and firm advice when this is demanded. Tim is a great team-player, working as effectively with leading counsel as with junior solicitors. He is always available whatever the other pressures on his time, and works tirelessly to ensure that all those instructing him receive a quality product." (2015)
"I love working with Tim: he is bright, commercial and unfailingly cheerful."
“a very good junior indeed; he has outstanding technical skills … a pleasure to work with and very approachable”

Company

Tim has considerable experience in company law matters.  He is recommended for company work in Chambers and Partners, the Legal 500 and Who's Who Legal. Chambers and Partners has stated that he “stands out for his ‘sharp intellect and clear enjoyment of the most complicated of company matters’”.  He has particular expertise in shareholder disputes, including unfair prejudice petitions and just and equitable winding up, and claims involving allegations of breach of duty by directors.  His work has included all manner of disputes in respect of companies of varying size, value and business; from claims concerning hedge funds or investment funds or sports agency companies to companies in the business of slaughtering cattle or processing steel.  He acts in offshore as well as domestic company disputes.

Tim is also one of the authors of Minority Shareholders: Law, Practice and Procedure (fifth edition, OUP).

A number of the matters in which Tim is instructed settle prior to trial. Cases that have fought include:

Burberry Group Plc v Fox-Davies (Court of Appeal) ([2017] EWCA Civ 1129; first instance reported at [2015] 2 BCLC 66) - leading case on access to the register of members of a company, the meaning of "proper purpose" and the requirements for a valid request.

Cullen Investments Ltd v Brown ([2017] EWHC 1586 (Ch)) - successfully represented the claimants at the trial of a derivative claim for breach of duty and diversion of opportunity, together with related personal claims concerning a property joint venture.

Re Migration Solutions Holdings Limited ([2016] EWHC 523 (Ch)) – successful defence of an unfair prejudice petition alleging unfair exclusion from management and breaches of duty.

Cullen Investments Ltd v Brown ([2016] 1 BCLC 491; [2015] BCC 539) - successful application for permission to continue a derivative claim in the context of a property joint venture.

Gilbert v Holms ([2014] EWHC 482 (Ch)) – successfully represented the claimant investor (and the third party) in a claim against a director for negligent misrepresentation in a private placement memorandum concerning the acquisition of shares in a pharmaceutical company.

Moxon v Litchfield ([2013] All ER (D) 133), – unfair prejudice petition concerning complaint of exclusion from management and cross-allegations of breaches of duty. Leading case on leaver provisions.

EVIC I v GEDVF II ([2012] JRC 146; [2013] JRC 004) – proceedings in Jersey concerning winding down of a Jersey investment fund.

Re: Southern Counties Fresh Foods Ltd ([2011] Costs LO 343) – unfair prejudice petition involving numerous allegations of unfair conduct and breach of duty in respect of a company in the meat trade.

Phillips v Phillips (Court of Appeal) ([2009] EWCA Civ 185) – dispute concerning ownership of shares and alleged appointment of director.

Beagle Properties v Tatanaki ([2008] All ER (D) 42) – claim concerning exercise of put option under share purchase agreement.

Commercial Litigation

Tim has a broad commercial practice, including claims concerning all manner of commercial agreements, guarantees, share purchase agreements, agency or distribution agreements, shareholder disputes, investments and claims involving allegations of breaches of duty.  He is recommended for commercial chancery work in Chambers and Partners, which has stated that “he's not just an intellectual heavyweight, he also has excellent judgement”.  Examples of cases include:

Gilbert v Holms ([2014] EWHC 482 (Ch)) – successfully represented the claimant investor (and the third party) in a claim for negligent misrepresentation concerning the acquisition of shares in a pharmaceutical company.

EVIC I v GEDVF II ([2012] JRC 146; [2013] JRC 004) – proceedings in Jersey concerning winding down of a Jersey investment fund.

Leeds United Football Club Limited v Weston ([2012] 1 JLR Note 23) – claim concerning misapplication of credit card monies; application of forum conveniens in Jersey.

Re: Southern Counties Fresh Foods Ltd ([2011] All ER (D) 66) – shareholder dispute involving numerous allegations of unfair conduct and breach of duty in respect of a company in the meat trade.

Alhamrani v Alhamrani – substantial claims for breach of trust and breach of fiduciary duty in respect of two Jersey trusts.

Beagle Properties v Tatanaki [2008] All ER (D) 42 – claim in the Commercial Court concerning exercise of put option under share purchase agreement.

Insolvency

Tim acts and advises in respect of both corporate and personal insolvency matters, with a particular emphasis on directors’ breaches of duty and asset recovery issues.  He is recommended for insolvency work in Legal 500.  Recent work has included acting in claims for misfeasance, claims in respect of transactions at an undervalue and transactions defrauding creditors, as well as acting for the trustee in proceedings concerning a financially distressed trust estate in Jersey.

Previous reported cases include:

Buchler v Almidani ([2006] BPIR 867) – decision concerning a trustee in bankruptcy’s application for documents against the bankrupt’s brother in a substantial bankruptcy.

Gil v Baygreen Properties Ltd ([2005] BPIR 95; [2005] 1 Costs LR 75) – misfeasance claim involving allegations of breach of fiduciary duty against a director in relation to a transaction at an undervalue.

Re Carman Construction Ltd [2000] BPIR 371 – a winding up petition by the supervisor of a CVA in respect of a company already in voluntary liquidation.

Raja v Goodman [2000] Ch 274 (CA) – case concerning the validity of the variation of voluntary arrangements under Insolvency Act 1986.

Trusts and Probate

Tim has been involved in some of the substantial trusts cases of recent times, including cases such as Alhamrani v Alhamrani and the Thyssen litigation.  He has experience of cases involving breaches of trust and breaches of fiduciary duty by trustees, the negligent investment of trust assets, the sale of trust companies and of advising the trustee of a financially distressed trust estate in Jersey.  He is named as one of the leading barristers in trusts work by Citywealth, which describes him as “the ideal choice of barrister for any trust dispute”.  He has experience of practising full-time in an offshore jurisdiction (as an attorney–at-law in the Cayman Islands) and his work in this area of practice often concerns offshore jurisdictions, including Jersey, the Isle of Man and Gibraltar.  His work includes:

Alhamrani v Alhamrani – acting for new corporate trustee in significant trust litigation in Jersey.

Re the X Trust – claim in Jersey against corporate trustee for breach of trust in respect of investment.

C v D – claim regarding share purchase agreement in respect of sale of trust company.

Perczynski v Perczynski – substantial trusts litigation in Jersey in connection with matrimonial dispute.

Barker v RBC – claim against trustee concerning allegations of breach of duty in respect of investments.

Thyssen litigation - litigation in Bermuda concerning a claim to set aside a trust, and substantial associated personal claims.

Civil Fraud

Tim regularly acts and advises in cases concerning allegations of fraud and breach of fiduciary duty, often in the context of his other areas of work.

Cases include:

Gilbert v Holms ([2014] EWHC 482 (Ch)) – acted in a claim involving allegations of negligent and fraudulent misrepresentation made to an investor in respect of the acquisition of shares in a pharmaceutical company.

Leeds United Football Club Limited v Weston ([2012] 1 JLR Note 23) – claim concerning misapplication of credit card monies; forum conveniens in Jersey.

Simply Loans Direct Ltd v Wood [2006] All ER (D) 291 – successful summary judgment application in respect of breaches of duty by director.

Qualifications

BA, BCL: Magdalen College, Oxford

Appointments

Called to the Bar in the Cayman Islands 1997

Practised as attorney-at-law in the Cayman Islands in 1997

Part time lecturer, King's College London, 1995-6

Memberships

Chancery Bar Association

Commercial Bar Association

Publications

Minority Shareholders: Law, Practice and Procedure (Fifth edition, O.U.P., 2015)

 

Languages

French (working knowledge)


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