Prior to joining Chambers, Tim worked for a number of years at Lloyds,
specialising in contentious insurance and reinsurance matters, predominantly in
the field of aviation. Tim's experience includes handling excess of loss
problems and direct insurance coverage issues arising out of the September 11th
terrorist attacks and liability issues arising in multi-jurisdictional aviation
disasters. Tim's industry experience has given him invaluable knowledge of the
workings of the London insurance market and the commercial aspects of case
handling.
Tim has a particular specialism on the Warsaw/Montreal Convention regime,
together with recent EU Regulations on delay and PRMs. He regularly appears in
court and arbitration on behalf of most of the world's leading airlines and
products manufacturers, as well as airports, ground handlers and general
aviation interests. He has extensive experience of appearing on behalf
of owners, operators, manufacturers and airports at inquests
into air crashes.
Tim also regularly advises and acts in disputes arising from aircraft sales,
finance and leasing, representing banks, lessors and lessees, as well as other
affected interests.
Tim is currently co-editing with Rod Margo of Condon & Forsyth and
Philip Crystal of Swiss Re the 4th Edition of Margo on Aviation Insurance.
Recent Cases
Global 5000 v Wadhawan[2011] EWHC 853 (Comm); [2011] 2 All
E.R. (Comm) 190. Allegation of personal guarantee in US$55 million aircraft
sale. Issues concerning setting aside of service out of jurisdiction and the
applicable threshold in cases of collateral contract. Tim was junior counsel for
the successful applicant.
Brinks
Global Services v Igrox Limited [2009] EWHC 1817 (Comm), [2010] EWCA 1208dispute
as to whether employer vicariously liable for employee's theft of a consignment
of silver. Tim acted for the successful consignor below and in the Court of
Appeal.
Wright v NATS (En Route) Limited(2010 County Court HHJ
Mitchell). First English case to consider extent of duty of care owed by air
traffic controllers to the occupants of aircraft who are injured as a result of
moderate turbulence conditions known to ATC, but not passed on to the flight
crew. Tim acted for the successful Controllers.
McCandless Aircraft LC v Eminence Aviation Ltd[2010] EWHC
1835 (QB)Dispute as to conditional sale/agency agreement in
respect of a helicopter. Tim acted for the successful sellers.
Hall v Heart of England Balloons Limited[2010] 1
Lloyds Rep 373CPR17 and/or 19 cannot be used to change name of
Defendant after expiry of Montreal Convention time bar where Claimant has made
a non-misleading misnomer in the claim form
Beverley
v Easyjet (2010, unreported) claim by passenger supported by the
Equality and Human Rights Commission brought under the PRM Regulations. Claim
struck out and costs awarded against EHRC.
Day
v Tasker & Others ( 2009 High Court, unreported) Allegations
concerning the cause of a helicopter crash. Tim acted for the successful
maintenance organisation.
Stewart v Whelan and British Microlight Aircraft Association(2008):
allegations of negligent modification and inspection of a microlight leading to
fatal crash
Patel v Virgin Atlantic Airways (2008) allegations
concerning price fixing in relation to fuel surcharges.
Grant v British Airways (2004): Allegation that the wording
of British Airways' Mileage reward scheme was contrary to the Unfair Terms in
Consumer Contract Regulations.
Kedgley v Britannia Airways Ltd. (2004): Slip on wet toilet
floor on board aircraft not an ``accident`` for the purposes of Article 17 of
the Warsaw Convention.
Predominantly
an aviation specialist, Tim is regularly involved in multi-modal transport
cases, and cases arising out of carriage by road both CMR and non-CMR He
also has experience of bailment, central to many cargo claims in the transport
sector.
Tim has provided expert evidence to the 9th Circuit Court of Appeals on the
application of the jurisdiction provisions of the CMR where CMR applied by
contract rather than law.
Jabir v H.A.Jordan & Co. Ltd[2010] EWHC 3465
(QB); [2011] EWCA Civ 816Measure
of damages in statutory conversion of pearl said by Claimant, himself an expert
pearl dealer, to be worth US$650,000 in case where expert evidence called by
both parties placed a lower value on it. Tim acted at first instance and in the
Court of Appeal for the successful Claimant.
Brink's Global Services Inc v
Igrox Ltd [2009]
EWHC 1817 (Comm), [2010] EWCA Civ 1208fumigator's vicarious
liability to consignors of valuable cargo for theft by their employee. Tim
acted for the successful consignors below and in the Court of Appeal.
Sony Computer
Entertainment UK Ltd v Cinram Logistics [2008] EWCA Civ 955; [2009] Bus. L.R. 529; [2009] 2 All E.R. (Comm) 65;
[2008] 2 C.L.C. 441. Claim against road carrier for loss of profits
following theft by diversion during transit. Determination of where the burden
of proof lies in relation to replacement/substitute sales. Tim
acted below and in the Court of Appeal for the successful consignor.
Tavoulareas
v Lau [2007]
EWCA Civ 474, [2007]
All ER (D) 200: Conversion – bailment – denial of title. Claimant/Appellant was
owner of works of art which were detained by Defendant lessors after lease on
restaurant premises was forfeit. Entire judgment below overturned as 'seriously
infected.' Tim acted for the successful Appellant.
Although Tim’s specialism is primarily aviation insurance and reinsurance, Tim has advised and acted in other areas of Marine and Non-Marine insurance and reinsurance. Tim was heavily involved in insurance and reinsurance coverage issues arising from the September 11th terrorist attacks, both as an insurer and then at the Bar.
Tim has acted as an expert witness to the Norwegian Court of Appeal in a case involving interpretation of the wording of the AVN1C Market Form and giving evidence as to London Market practice.
Tim acted on behalf of various reinsurance interests in relation to matters arising from various class actions against investment banks arising from IPOs in the United States, as well as on D&O coverage disputes arising from the collapse of Enron and Worldcom.
