Photo of Timothy Killen

Timothy Killen

Call 2010

tkillen@2tg.co.uk

+44 (0)20 7822 1200

"Knows his brief inside out and is a clear, calm advocate, who is also very responsive."

Chambers UK 2020

"...very bright indeed, meticulous and a very sure pair of hands for commercial matters."

Chambers UK 2020

"He is very knowledgeable.... A confident and intelligent barrister."

Chambers UK 2020

"He's very commercially minded and has an exceptional work ethic."

Chambers UK 2020

“He is very bright and able”

Legal 500 2020

"Very clever and engaging - he knows his areas very well"

Legal 500 2020

"Very user-friendly, very attentive and very bright."

Chambers UK 2019

"He gives clear, articulate pleadings and has an approachable and friendly manner."

Chambers UK 2019

"Very hard-working and very bright, he gets involved in a case quite quickly and is willing to help with all stages of it."

Chambers UK 2018

"He has quite simply superb knowledge of the law, and is both very commercially minded and extremely responsive."

Chambers UK 2018

Practice Overview

Recommended in the directories as having a “quite simply superb knowledge of the law”, Tim specialises in commercial disputes and arbitrations, both in the UK and overseas.

Tim has excellent knowledge and experience across a number of industry sectors, particularly in financial services, insurance and reinsurance, building and construction, and energy. His practice encompasses various areas of specialist commercial law including expertise in commercial fraud, private international law, international trade and professional negligence.

Much of Tim’s work is international in flavour and many of his cases involve issues of jurisdiction and choice of law arising out of cross border litigation. He has a particularly good reputation in the Gulf Region, where he has experience of actions in the DIFC Courts in Dubai, the ADGM Courts in Abu Dhabi and arbitrations seated in, and relating to, GCC countries. Tim has also advised as a foreign expert on English law in relation to proceedings in the commercial court in Paris and was instructed as an expert contributor on English civil fraud remedies in relation to a reform paper commissioned by the Japanese Government.

Described as “very commercially minded” with an “exceptional work ethic”, Tim is recommended in Chambers and Partners for Commercial Dispute Resolution and Property Damage, in Legal 500 UK for his expertise in Insurance and Reinsurance and is top ranked in Legal 500 EMEA for his Commercial Dispute Resolution work in the UAE.

Before coming to the Bar Tim taught law at university level, first as a seminar tutor in tort law at the University of Birmingham and later as a sessional lecturer at Birkbeck College, University of London and a visiting lecturer at the University of Osnabrück in Germany. In the 2014/5 academic year Tim was a Tutor (Non-Stipendiary College Lecturer) in Tort at Hertford College, University of Oxford.

Arbitration

Tim regularly acts as counsel in domestic and international arbitration proceedings, and has experience in both institutional and ad hoc arbitrations.

Tim is recommended in both of the legal directories as a leading practitioner for commercial work – In Chambers and Partners in the Commercial Dispute Resolution category, and in Legal 500 as a Band 1 practitioner for his commercial work in the United Arab Emirates.

Current and Recent Work

Acted in a US$14.5m DIFC-LCIA Arbitration concerning warehousing agreements (Dubai seat)

Acted (leading Ruth Kennedy) in a s.68 proceedings (challenge for procedural irregularity) in relation to an LCIA Arbitration concerning sale and supply of organic produce from Eastern Europe (Commercial Court, London)

Acted in contested enforcement proceedings for the enforcement of a US$10m DIFC-LCIA arbitration (Dubai Seat, UAE Law governed) (DIFC Courts, Dubai)

Acted (led by Tom Montagu-Smith QC) in an application for interim injunction in support of DIFC-LCIA Arbitration proceedings (DIFC Courts, Dubai)

Acted (led by Roger ter Haar QC) in linked DIFC-LCIA arbitration and DIFC court proceedings concerning an injunction to restrain a call on a performance bond

Acted (led by Andrew Miller QC) in a US$40m ICC London arbitration concerning the operation of a power station in Qatar

Acted in linked LCIA arbitrations concerning the construction of a gas-fired power plant (Zurich seat)

Acted in s.67 (removal of arbitrator for bias) proceedings in support of an arbitration concerning long-tail reinsurance contracts (Commercial Court, London)

Acted in Court proceedings in support of an ICC arbitration (Paris seat) concerning the construction of a biomass power station (TCC, London)

Acted in an ad-hoc London-seated arbitration under the IBA Rules (English and Israeli company dispute over exclusive supply agreements)

Acted for German, Luxemburg, Delaware and English companies in a multiparty ICC Arbitration arising out of a large property investment scheme

Acted (led by Neil Moody QC) for a business interruption insurer in an ad-hoc arbitration (UNCITRAL rules) concerning coverage under a manufacturing policy

Acted for a consortium of investment banks in an emergency application for injunctive relief in support of a DIFC-LCIA Arbitration arising out of security taken over an oil rig (DIFC Courts, Dubai)

Acted for a major department store in a dispute concerning shop fit-out works (JCT/CIMAR)

Advising on and acting in enforcement proceedings of various international arbitration awards (DIFC Courts, Dubai and Commercial Court, London)

Commercial Dispute Resolution

Tim’s commercial practice encompasses a wide variety of complex contractual claims, cases involving share purchase agreements, the securitisation of mortgage debt, the alleged mis-selling of structured financial products, the enforcement of sole agency agreements, international contracts for construction projects, commodities trading, the sale of goods, issues of jurisdiction and choice of law, and claims arising out of and in support of arbitration and adjudication proceedings.

Tim is recommended in both of the legal directories as a leading practitioner for commercial work – In Chambers and Partners in the Commercial Dispute Resolution category, and in Legal 500 as a Band 1 practitioner for his commercial work in the United Arab Emirates.

Current and Recent Work

Acting (led by Rupert Reed QC) for a major Middle Eastern Insurance company in a US$30m dispute concerning an alleged agreement for third party administration services (DIFC Courts, Dubai)

Acting in a US$10m breach of contract claim concerning the management of golf tournaments in Dubai (DIFC Courts, Dubai)

Acting in a US$1m breach of contract claim against a hedge fund (Abu Dhabi Global Markets Court)

Acted in enforcement proceedings to enforce a US Court Judgment against a London financial institution arising out of a motor racing sponsorship deal (Chancery Division, London)

Acted (led by Anneliese Day QC) in application for “reflective” freezing injunction in support of high value civil fraud proceedings in Cyprus (DIFC Courts, Dubai)

Acted for a major news organisation in a US$4.5m breach of contract claim against a media services company (DIFC Courts, Dubai)

Acted for a telecommunications equipment supplier in a claim for breach of contract against a supplier of electricity cables (TCC, London)

Acted (led by Neil Moody QC) in a dispute concerning the adequacy of a traffic deck coating system supplied for use in the Dubai Mall, UAE (TCC, London)

Acted for a German reinsurer in a claim against a Swiss loss adjuster for breach of contract, unjust enrichment, breach of fiduciary duty and breach of trust in respect of services carried out in relation to the Christchurch earthquakes in New Zealand in 2010/11 (London Mercantile Court)

Acted for a Singaporean jeweller in a c. US$2.8million claim for breach of consignment agreements by a London-based jeweller (Commercial Court, London)

Acted for a South African investment bank in an $11million claim for breach of sale and purchase agreements arising out of a skyscraper development in Dubai (DIFC Courts, Dubai)

Acted for insurers of a large oil refinery in a £1.5million claim concerning the quality of gas oil

Acted for the successful Respondent Bank in an appeal relating to the strike out of costs proceedings and the scope of the grant of relief from sanctions (DIFC Courts, Dubai)

Acted (led by Alexander Layton QC) in a contractual dispute between a German supplier of raw materials and an English manufacturer, featuring a challenge to a purported agreement as to jurisdiction (Commercial Court, London)

Commercial Fraud

There are natural synergies between Tim’s commercial fraud practice and his commercial practice, where he has experience of actions involving allegations of inducing a breach of contract, unlawful interference with economic interests, deceit, unlawful means conspiracy and breach of confidence. Tim has particular expertise in cases involving alleged fraudulent activity with an international element.

Current and Recent Work

Acting for a HNWI in a US$32.5m civil fraud claim against former trusted advisers (DIFC Courts, Dubai)

Acting (led by Mark Vanhegan QC) in a breach of confidence claim concerning allegations of misuse of confidential trade secrets, alleged to be valued at £100m (Chancery Division, London)

Acting for Russian Individuals in an alleged fraud concerning Russian company formation (Commercial Court, London)

Acting in a claim by a large manufacturing company against a former manager for breach of fiduciary duty arising out of invoicing processes (Chancery Division)

Acted for a former CEO of an international energy company in a claim for unpaid bonus. Claim concerned allegations of breach of fiduciary duty (ADGM Courts, Abu Dhabi)

Acted for a German reinsurer in a claim against a Swiss loss adjuster for breach of contract, unjust enrichment, breach of fiduciary duty and breach of trust in respect of services carried out in relation to the Christchurch earthquakes in New Zealand in 2010/11 (London Mercantile Court)

Acted in a claim by a company against former auditors for allegedly failing to spot a VAT fraud

Acted in a claim by an engineering company against a former employee and a potential competitor for the alleged unauthorised use of commercial software licences held on a central computer network (Mercantile Court)

Provided advice and representation in various cases involving obtaining and resisting freezing injunctions and other emergency interim orders, including Norwich Pharmacal relief and non-party disclosure orders

Construction

Tim has a busy construction practice with experience of construction arbitrations (JCT/CIMAR, LCIA, ICC and ad hoc), adjudications (both statutory and contractual), and numerous claims in the TCC. Many of Tim’s cases involve consideration of standard form construction contracts, including JCT, ICE, NEC and FIDIC. Tim’s experience in property damage and insurance claims means he is particularly well-placed to deal with complex issues of technical evidence and issues concerning the insurance of construction projects.

Current and Recent Work

Acted in linked LCIA arbitrations concerning the construction of a gas-fired power plant (Zurich seat)

Acted in linked arbitration and court hearings concerning applications for injunctions to restrain calls on performance bonds

Acted in enforcement proceedings of a DIFC-LCIA arbitration award arising out of a large construction project in Dubai

Acted in Court proceedings in support of an ICC arbitration (Paris seat) concerning the construction of a biomass power station (TCC, London)

Acted (led by Neil Moody QC) in a dispute concerning the construction of a large residential development, raised issues concerning the scope of pure economic loss (TCC, London)

Acted in a statutory adjudication concerning milestone payments for the construction of a power plant

Acted in a preliminary issue trial concerning the proper interpretation of a modified JCT contract, raising issues of joint insurance (TCC, London)

Acted (led by Neil Moody QC) in a dispute concerning the adequacy of materials supplied to construct the car parks of the Dubai Mall, Dubai UAE (TCC, London)

Acted (led by Neil Moody QC) on behalf of a main contractor against a civil and structural engineer sub-contractor concerning allegations of professional negligence in the design of underpinning works during the construction of a hotel. Included a substantial delay claim (TCC, London)

Acted in an arbitration (JCT/CIMAR) on behalf of a luxury department store regarding the adequacy of store fit-out works

Acted (led by Neil Moody QC) for the successful main-contractor respondents in a statutory adjudication relating to the construction of a flood management scheme.

Insurance & Resinsurance

Tim has experience in both insurance and reinsurance matters, particularly in relation to issues of policy coverage and interpretation. Tim is listed in Legal 500 as a Leading Junior in Insurance and Reinsurance work.

Current and Recent Work

Acted in Court proceedings in support of an arbitration concerning long-tail reinsurance contracts (Commercial Court, London)

Acted for CAR insurers in proceedings concerning issues of joint insurance of a large construction project in central London (TCC, London)

Acted (with Neil Moody QC) in an arbitration (UNCITRAL Rules) concerning coverage under a manufacturing policy

Acted for insurers in a coverage dispute concerning insurers’ liability under a marine trades policy (Mercantile Court)

Acted for a German reinsurer in a claim against a Swiss loss adjuster for breach of contract, unjust enrichment, breach of fiduciary duty and breach of trust in respect of services carried out in relation to the Christchurch earthquakes in New Zealand in 2010/11 (Mercantile Court)

Acted (with Neil Moody QC and Sonia Nolten) in a multi-million pound fire claim, which raised issues of policy coverage, misrepresentation, material non-disclosure, waiver and the operation of the FSMA and ICOBS Rules (Commercial Court, London)

Acted on behalf of a leading insurance and reinsurance company in the Middle East in a c. US$2million claim relating to issues of jurisdiction arising out of potential liabilities under six quota share reinsurance treaties (DIFC Courts, Dubai)

Defended a claim on behalf of an insurer on the basis that the insured used fraudulent means or devices in the claims process (Chancery Division)

Provided advice and representation relating to the coverage of numerous professional indemnity policies, a pollution legal liability policy, CAR policies, a jewellers’ block policy, trade credit policies and various business interruption, commercial risk, motor and home insurance policies

Private International Law

The international nature of many of Tim’s cases often lead him to deal with issues of jurisdiction and choice of law in the context of both arbitration and court proceedings.

Tim has particular experience of actions in, and involving, the Middle East and has appeared on a number of occasions before the Courts of the Dubai International Financial Centre (DIFC). Tim is also one of the few practitioners to have appeared before the Courts of the Abu Dhabi Global Market (ADGM).He is recommended by Legal 500 as a Band 1 leading practitioner for commercial work in the UAE.

Tim frequently acts in cases concerning provisions of foreign law, and has experience of cases governed by, amongst others, the law of Belgium, Cyprus, Denmark, Finland, France, Germany, Ireland, Israel, Italy, Luxemburg, Norway, Pakistan, Qatar, Russia, Singapore, Spain, Switzerland, the UAE, and the USA (Delaware, New York, North Carolina, Texas).

Current and Recent Work

Acting for a major Middle Eastern Insurance company in a US$30m dispute concerning third party administration services (UAE governing law, DIFC Courts, Dubai)

Acted for a major news organisation in a US$4.5m breach of contract claim against a media services company (UAE governing law, DIFC Courts, Dubai)

Acted for a former CEO of an international energy company in a claim for unpaid bonus, concerns allegations of breach of fiduciary duty (ADGM Courts, Abu Dhabi)

Acted for a large manufacturing entity in disputes concerning the governing law of various supply agreements (adjudication, arbitration and court proceedings)

Acted in an ad-hoc London-seated arbitration under the IBA Rules (English and Israeli company dispute over exclusive supply agreements, concerning issues of applicable law)

Acted (as sole counsel) for German, Luxemburg, Delaware and English companies in a multiparty ICC Arbitration arising out of a large property investment scheme (raised issues of applicable law, and choice of law rules applicable in arbitrations)

Acted for a German reinsurer in a claim against a Swiss loss adjuster for breach of contract, unjust enrichment, breach of fiduciary duty and breach of trust in respect of services carried out in relation to the Christchurch earthquakes in New Zealand in 2010/11. Considered issues of incorporation of jurisdiction clauses from a master contract and the requirement of “evidenced in writing” for the purposes of Article 23 of the Lugano Convention (Mercantile Court)

Acted for a Singaporean jeweller in a c. US$2.8million claim for breach of consignment agreements by a London-based jeweller; raised issues of jurisdiction and applicable law (Commercial Court)

Advising a German private bank on the recovery of money paid in error to a London-based bank via a multibanking payment system

Acted (led by Alexander Layton QC) in a contractual dispute between a German supplier of raw materials and an English manufacturer, featuring a challenge to a purported agreement as to jurisdiction (Commercial Court, London)

Professional Negligence

Tim has experience in actions involving a wide range of professionals including accountants/auditors, surveyors, loss adjusters, architects, builders and other construction professionals, solicitors, bankers and insurance brokers.

Current and Recent Work

Acting on behalf of an investment fund in a claim against insurance brokers (Commercial Court, London)

Acted (led by Neil Moody QC) on behalf of a main contractor against a civil and structural engineer sub-contractor concerning allegations of professional negligence in the design of underpinning works during the construction of a hotel (TCC, London)

Acted in a claim against a tax adviser for failing to advise on US tax liabilities under a personal investment scheme

Acted in a multi-million pound claim, (led by Daniel Crowley), against an insurance broker for a negligent failure to advise on insuring a commercial risk following a company restructure (Mercantile Court)

Various surveyors’ negligence cases, including an action involving arguments of undisclosed agency arrangements and corporate banking structures (Chancery Division)

Various solicitors’ negligence actions, including allegations of failures to advise, failures to secure easements and failures to secure good title in a property conveyance

Cases of accountants’/auditors’ negligence, including allegations of a failure to spot a fraud allegedly carried out by company directors

Property Damage

Tim has acted and advised in numerous cases concerning property damage caused by alleged breaches of construction contracts, fires, flooding, building work and subsidence. Tim is ranked as a leading junior in Chambers & Partners for Property Damage work, where he is recognised as having “expertise in fire and flood disputes” and for being “particularly good at construction-related matters [and being] known for the strong technical knowledge he brings to cases”.

Current and Recent Work

Acted (led by Neil Moody QC) in a dispute concerning a catastrophic fire in a shopping centre, alleged to have been caused by faulty electrical installations. (TCC, London)

Acted (led by Neil Moody QC) in a dispute concerning the adequacy of materials supplied to construct the car parks of the Dubai Mall, Dubai UAE (TCC, London)

Acted (led by Neil Moody QC) on behalf of a main contractor against a civil and structural engineer sub-contractor concerning allegations of professional negligence in the design of underpinning works during the construction of a hotel. Included a substantial delay claim (TCC, London)

Acted (led by Neil Moody QC) for the successful main-contractor respondents in a statutory adjudication relating to the construction of a flood management scheme

Acted for household insurers in a 2 day trial against a major computer manufacturer, where it was found that a fire was caused by a defective laptop battery (Recorder Hancock QC)

Acted for a local authority in a claim arising out a fire which started in a timber-framed building which was under construction (TCC, London)

Acted (led by Neil Moody QC) in a £12million claim arising out of the installation of an external wall insulated render system on multiple council-owned blocks in Glasgow (TCC, London)

Acted in various flooding claims for and against water companies and local authorities

Acted in a claim for losses arising out of the collapse of a marine crane (TCC)

Acted in a claim (led by Andrew Miller QC) concerning damage caused to a solvent processing plant following a crane collapse

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