Tim joined Chambers in October 2010 following completion of a 6-month pupillage. Before joining Chambers, Tim practised for 10 years as a solicitor and solicitor advocate in Clifford Chance LLP’s award winning Capital Markets and Litigation and Dispute Resolution departments in London. Prior to joining Clifford Chance, Tim was the Judge’s Clerk to the Chief Justice of New Zealand, Dame Sian Elias.

Tim has extensive experience in cross-border commercial litigation and arbitration as a solicitor and barrister. Tim has appeared as sole counsel in the Commercial Court, the Chancery Division, the County Court and in arbitration. His practice covers all areas of commercial law, including retail and investment banking and finance, capital markets and structured products, conflict of laws, insurance and reinsurance, professional negligence, restitution, sale of goods and shipping.

If you are interested in instructing Tim, please contact our clerks to discuss the requirements of the case and his availability.

Qualifications and prizes

Barrister and solicitor of the High Court of New Zealand, 1998
Solicitor of the Senior Courts of England and Wales, 2001
Solicitor Advocate (All Higher Courts), 2005
Called to the English Bar, 2009

University of Auckland, New Zealand: BA / LLB (Hons) (1998) - Tim was awarded the Senior Prize in Law (1997), given to the top 5% of graduating law students

Lady Margaret Hall, Oxford: Bachelor of Civil Law (Distinction) (2006) - Tim was awarded the Allen & Overy Prize (2006) for the best examination performance in Global Comparative Financial Law

Prior employment experience

Clifford Chance LLP, London (2002 – 2010) Associate and Senior Associate, Litigation, Arbitration and Regulatory Group

Clifford Chance LLP, London (2000 - 2002) Associate, Capital Markets, Corporate Finance Trusts Group

Chief Justice of New Zealand (1999 - 2000) Judge’s Clerk to the Rt. Hon. Dame Sian Elias

High Court of New Zealand (1998 - 1999) Judge’s Clerk to Judges and Masters of the High Court of New Zealand

University of Auckland (1999) Tutor in Criminal Law

• Banking and Finance
• Insurance & Reinsurance
• Shipping
• Professional Negligence
• General Commercial Disputes

Selected cases:

• Successful application in the Chancery Division as sole counsel for a permanent injunction restraining the presentation of a winding up petition against a major retail and commercial bank 
• Credit Agricole Corporate and Investment Bank v IKB – Instructed as junior (led by Gavin Kealey QC, Alan Maclean QC (Brick Court), Paul Wright (Brick Court) and Michael Holmes) for Credit Agricole Corporate and Investment Bank in the dispute with the German Bank IKB arising out of the substantial investment banking transaction known as “Havenrock II”, whereby IKB sought to obtain liquidity support for its asset-backed commercial paper programme. The case involved allegations of fraud on the part of IKB inducing Credit Agricole and FGIC to enter into, respectively, a put-option and a master financial guarantee policy. 
• Various instructions to appear on behalf of major retail banks as sole counsel in contested county court hearings 
  

As a solicitor:

• Re Internine Trust, Alhamrani v Alhamrani [2007] JRC 026 (Jersey Royal Court) – the longest running trial in Jersey legal history: this complex multi-party trust litigation was finally settled in summer 2009; over 9 months after the commencement of the trial 
• Benjys litigation - representing Deloitte as Benjys’ administrators against 18 lay litigant defendants with respect to the operation of the direct debit guarantee scheme 
• Transaction at an undervalue – acting for the majority secured and unsecured creditors in a claim brought under s 423 of the Insolvency Act 1986 in relation to a pre-pack administration sale of a personal injury firm of solicitors 
• Derivatives dispute – acting for a financial institution in relation to a disputed FX currency collar transaction 
• Indofood International Finance Ltd v JPMorgan Chase Bank [2005] All ER (D) 71; [2006] All ER (D) 18 – acting for the bond trustee in this leading authority on double taxation agreements for SPV structures 
• Foreign trust litigation - advising corporate trustee in relation to foreign third party litigation brought against it and the trust claiming punitive damages of USD1 billion 
• Regulatory investigation – FSA enforcement division regulatory investigation regarding a financial institution’s internal systems and controls 
• Worldwide accounting scandal – acting for global financial institution in relation to worldwide accounting scandal 
  

Selected cases:

• Instructed as junior to Sioban Healy QC for reinsurers in respect of property damage and business interruption claims arising out of the “Arab Spring”
• Appeared as junior to Gavin Kealey QC for insurers in a two week long SIAC arbitration concerning material property damage and business interruption claims under a property all risks policy. Appeared as sole counsel at the preliminary hearing. 
• Advising underwriters on merits of claims to recover accrued interest on monies deposited with brokers
• Advising as junior to Gavin Kealey QC on construction of stop loss reinsurance policies
• Instructed as sole counsel to advise on coverage under D&O policies 
• Advising on coverage under a trade disruption policy in relation to the breakdown of machinery on a vessel 
• Instructed as junior by an Integrated Lloyd’s Vehicle and various of its shareholders in a multi-faceted dispute with minority shareholders 
• Instructed as junior by reinsurers to advise on policy coverage issues arising out of Madoff fraud and interest rate swap contracts 
• Instructed as junior by firm of solicitors in relation to coverage dispute with top-up insurers under solicitors’ professional indemnity policy 
  

As a solicitor:

• Aggregation dispute (arbitration) – acting for the insureds in two multi-million pound insurance claims concerning the aggregation of mis-sold mortgage endowment products under a professional indemnity policy 
  
  

Selected cases:

• Drafting arbitration pleadings and advising on merits in relation to complex demurrage/detention/quantum meruit claims concerning the arrest of a vessel
• Advising sellers in relation to their termination rights under the NIPPONSALE Form 1999
• Instructed as junior to Timothy Brenton QC in arbitration shipbuilding dispute
• Instructed as junior to Robert Bright QC in two arbitration shipbuilding disputes
• Instructed as counsel in SIAC arbitration shipbuilding dispute. Appeared as sole counsel at two preliminary hearings.
• Dannebrog Rederei v Galana Petroleum Limited instructed for Galana as sole counsel in a multi-party charterparty dispute involving issues of demurrage, contractual time-bar, seaworthiness and whether the alleged owner was party to the fixture recap listed for 10 day hearing in the Commercial Court in March 2013 
• Acting as junior (led by Simon Picken QC) in successful application to the Commercial Court for an interim anti-suit injunction and anti-anti suit injunction for breach of arbitration agreement, involving complex issues concerning the status of the claimant company’s judicial managers. 
• Instructed as sole counsel in an arbitration for a commodity trader and purchaser for non-delivery of cargo, involving issues concerning the timing and measure of the market price. 
• Instructed as junior for a global commodity trader in an action concerning contempt, committal and sequestration orders and a challenge to the jurisdiction of the English Court on the grounds of invalid service 
• Acting as junior (led by David Bailey QC) in successful application to the Commercial Court for a final anti-suit injunction for breach of arbitration agreement. Appeared as sole counsel in the Commercial Court in a contested application for summary assessment of costs 
• Preparing applications for security for costs and assertion of equitable set-off against hire in a LMAA Charterparty dispute 
• Preparing as junior an application for an interim mandatory injunction in support of arbitration proceedings to force the owner to comply with charterers’ orders 
  

Selected cases:

• Preparing as sole counsel submissions on behalf of two clients in professional negligence claims brought against an attorney in the Bahamas arising out of failed property transactions

Selected cases:

• Instructed as junior to Tim Kenefick by the producers of the James Bond film 'Casino Royale' in a dispute with Pinewood Studios. The case involves the fire on set that was responsible for the destruction of the '007' stage at Pinewood Studios and is set for trial in October 2011. 
• Instructed as sole counsel in the London Mercantile Court in relation to a claim by a freight forwarder against an importer for indemnity under BIFA terms. 
• Instructed as sole counsel to settle pleadings in a commercial licence dispute involving allegations of misrepresentation, breach of contract, rectification, non-incorporation of terms and estoppel by convention 
• Instructed as junior by an Integrated Lloyd’s Vehicle and various of its shareholders in a multi-faceted dispute with minority shareholders. 
• Instructed as sole counsel on High Court application to set aside a default judgment

As a solicitor:

• Private equity buyout (arbitration) – acting for a leading private equity house (as purchaser) in a claim brought against the seller of an foreign industrial conglomerate for fraudulent misrepresentation 
• Shareholder dispute – acting for minority shareholder in an unfair prejudice claim against the majority shareholders 
• Project development dispute – acting for the owners defending a claim by a developer in contract and quantum meruit with respect to the long running redevelopment of the Battersea Power Station 
• Thistle Hotels v Orb Estates plc [2004] All ER (D) 326 - acting for Thistle Hotels in a complex completion accounts and breach of warranty dispute involving issues of deferred taxation, including successful application for security for costs 
• Software Dispute (arbitration) – acting for a Malaysian company in cross-border software dispute with a French supplier 
  
  

“Is it all Downhill for Second Appeals?” 25 Civil Justice Quarterly 439-450 (October 2006)

Draft author, Chapter 9 "Freedom of Expression", New Zealand Civil Rights Handbook, Tim McBride (ed) (2001)

"The Subpoena of Judges: Are Judges Compellable?" [2000] New Zealand Law Journal 198 (cited with approval in Rota v Tukiri [2001] 1 NZLR 715)