Tim has considerable experience in company law matters.  He is recommended for company work in Chambers and Partners and the Legal 500 and has been for many years. 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 (sixth edition, OUP, seventh edition forthcoming). He co-writes the chapter on unfair prejudice and writes the chapters on: remedies and valuation; and on rights under the Companies Act 2006.

A number of the matters in which Tim is instructed settle prior to trial. Cases of note in which he has acted include:

DnaNudge Ltd v Ventura Capital GP Ltd [2023] EWCA Civ 1142 - successfully represented the respondent in the Court of Appeal in opposing an appeal concerning the proper construcion of the articles of association, variation of class rights and conversion of preference shares to ordinary shares.

Caldicott Worldwide Ltd v Siong (No.3) (EC Court of Appeal) BVIHCMAP2023/0009 - represented the respondent in the third appeal concerning the effect on an unfair prejudice claim in BVI of a stay of proceedings against the company pursuant to an arbitration agreement in its articles of association (judgment awaited).

Siong v Caldicott Worldwide Ltd (No.2) (EC Court of Appeal) BVIHCMAP2021/0007 - successful appeal of first instance judge's decision concerning the effect on an unfair prejudice claim in BVI of a stay of proceedings against the company pursuant to an arbitration agreement in its articles of association.

Ventura Capital GP Ltd v DnaNudge Ltd ([2023] 2 BCLC 1, [2023] EWHC 704 (Ch)) - successfully acted for the Claimants in the trial of a claim to set aside the purported conversion of preference shares to ordinary shares (with the consequent loss of preferred rights). Implication of a limitation upon the exercise of a power under the articles to convert the preference shares. Leading authority on the application of s 633 CA 2006.

Re Hawkwing Plc [2023] BCC 556 - acted for the company in oppostion to an application for an administration order.

Siong v Caldicott Worldwide Ltd (EC Court of Appeal) BVIHCMAP2020/0020 - appeal concerning application for a case management stay in unfair prejudice proceedings where the claim has been stayed as against the company pursuant to an arbitration agreement in the articles of association.

Re: R-Squared Holdco Ltd ([2020] EWHC 23 (Ch)) - successfully obtained injunctive relief to restrain holding of disciplinary proceedings concerning two shareholder directors pending resolution of unfair prejudice petition.

Re Hector Finance Group BVIHCM2019/0190 - claim concerning the effect on unfair prejudice proceedings against the majority shareholders of a stay of those proceedings against the company pursuant to an arbitration agreement in the company's articles of association.

Reyl & Cie SA v LK Bennett Ltd (2018) - acted for certain directors in claims pursuant to s 423 Insolvency Act 1986 and conspiracy arising out of the group owning and operating the well-known shoe and fashion retailer.

Grantley Ltd v LK Bennett Ltd (2018) - acted for certain director respondents in an unfair prejudice petition concerning the corporate restructuring of the group owning and operating the well-know shoe and fashion retailer.

Burberry Group Plc v Fox-Davies (Court of Appeal) ([2017] BCC 387; 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 2793 (Ch)) - successfully opposed application by a director for relief from liability arising from breaches of duty. 

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.

Signia Wealth v Dauriac-Stoebe (2015) - acted for the defendant shareholder in a shareholder dispute between her and John Caudwell following the former's dismissal as CEO of their investment management company, which included the operation of a leaver clause.

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.

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.

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:

Re Hawkwing Plc [2023] BCC 556 - acted for the company in oppostion to an application for an administration order.

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.

Tim has been involved in some of the substantial trusts cases of recent times, including cases such as the Tchenguiz litigation, Alhamrani v Alhamrani, Z Trusts 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, blessing applications, 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 has described 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 British Virgin Islands, the Isle of Man and Gibraltar.  His work includes:

Re S Trust (2021) - advising beneficiary of trust concerning restructuring (instructed by Collas Crill).

ITG v Glenella (2019) - acting for the new trustees in proceedings concerning priority of claims in relation to substantial trust and effect of assignment of certain claims.

Ieremeieva v Estera (2019) - acting for widow and son of oligarch in proceedings alleging fabrication of trust deed in order to secure control of stake in substantial Ukrainian business group (alternatively sham trust).

Re B&C Trust (2018) – successfully obtained substantive relief for a Claimant in trustee’s Beddoes summons.

Brakspear v Nedgroup Trust (Jersey) Limited [2018] JRC 121, [2019] JCA 150 – successfully acted for defendant trustee in securing strike out of proceedings alleging fraudulent breach of trust, conspiracy and sham trust.

Ieremeieva v Estera (2017) – successfully obtained appointment of receiver and injunctive relief to protect trust fund from dissipation in proceedings alleging fabrication of the trust deed following the settlor’s death (alternatively sham trust).

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.

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:

Federal Republic of Nigeria v Tibit (2020-ongoing) - acting for the defendant company in proceedings in BVI involving claims for knowing receipt, dishonest assistance, restitution and proprietary claims. The Federal Republic of NIgeria alleges that the company acquired an executive jet using monies misappropriated by government officials.

Ieremeieva v Estera (2019) - acting for widow and son of oligarch in proceedings alleging fabrication of trust deed in order to secure control of stake in substantial Ukrainian business group (alternatively sham trust).

Brakspear v Nedgroup Trust (Jersey) Limited [2018] JRC 121, [2019] JCA 150 – successfully acted for defendant trustee in securing strike out of proceedings alleging fraudulent breach of trust, conspiracy and sham trust.

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 B&C Trust (2017) – successfully obtained appointment of receiver and injunctive relief to protect trust fund from dissipation in proceedings alleging fabrication of the trust deed following the settlor’s death (alternatively sham trust).

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.