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Timothy Killen

Call 2010

tkillen@2tg.co.uk

+44 (0)20 7822 1200

"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

Tim has a busy commercial practice, with particular experience of actions in the insurance, construction, and financial sectors.

Many of Tim’s cases involve issues of jurisdiction and choice of law arising out of cross-border litigation. Tim has particular experience of actions in the DIFC Courts in Dubai, and of claims and arbitrations involving GCC countries.

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.

Whilst at the bar, Tim has maintained his involvement with academia, and in the 2014/5 academic year, was a Tutor (Non-Stipendiary College Lecturer) in Tort at Hertford College, University of Oxford.

Commercial Dispute Resolution & Arbitration

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

Current and recent work includes:

 

Arbitrations

  • Acting (as sole counsel) in an ad-hoc London-seated arbitration under the IBA Rules (English and Israeli company dispute over exclusive supply agreements)
  • Acted (as sole counsel) 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 (as sole counsel) for a major department store in a dispute concerning shop fit-out works (JCT/CIMAR)

 

Court Work

  • Acting for a telecommunications equipment supplier in a claim for breach of contract against a supplier of electricity cables (TCC)
  • 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
  • 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 (as sole counsel) for a Singaporean jeweller in a c. US$2.8million claim for breach of consignment agreements by a London-based jeweller (Commercial Court)
  • Acted (as sole counsel) 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 (as sole counsel) for insurers of a large oil refinery in a £1.5million claim concerning the quality of gas oil
  • Obtained summary judgment, following 4 days of hearings, on a c. £570,000 loan agreement, which was alleged by the Defendants to be a gift (QBD)
  • Advising a German private bank on the recovery of money paid in error to a London-based bank via a multibanking payment system
  • Represented 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 (as sole counsel) 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)
Construction

Tim has a busy construction practice with experience of construction arbitrations (JCT/CIMAR and ad hoc), adjudications (both statutory and contractual), and numerous claims in the TCC. 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 includes:

 

  • A preliminary issue trial concerning the proper interpretation of a modified JCT contract, raising issues of joint insurance (TCC)
  • 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)
  • 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)
  • 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.

Current and recent work includes:

 

  • Acted (with Neil Moody QC) in an arbitration (UNCITRAL Rules) concerning coverage under a manufacturing policy.
  • Acted (as sole counsel) 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 as junior counsel (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)
  • Acted (as sole counsel) 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)
  • Advice and representation relating to the coverage of 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
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.

Current and recent work includes:

 

  • 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)
  • 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)
  • 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)
  • 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)
  • Flooding claims for and against water companies and local authorities
  • A claim for losses arising out of the collapse of a marine crane (TCC)
  • A claim (led by Andrew Miller QC) concerning damage caused to a solvent processing plant following a crane collapse
Commercial Fraud

Tim’s commercial fraud practice complements his commercial practice and he has experience of actions involving allegations of inducing a breach of contract, unlawful interference with economic interests, deceit and unlawful means conspiracy.

Current and recent work include:

 

  • A claim by a company against former auditors for allegedly failing to spot a VAT fraud
  • 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)
  • Advice and representation in cases involving obtaining and resisting freezing injunctions and other emergency interim orders
Private International Law

Tim’s commercial and construction practice often leads 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.

Current and recent work includes:

 

  • Acting (as sole counsel) 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 (as sole counsel) 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
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 includes:

 

  • 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)
  • Claim against a tax adviser for failing to advise on US tax liabilities under a personal investment scheme.
  • 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

Sport

Tim has a long-standing interest in commercial sport, particularly in relation to rugby, cricket, motorsport and racket sports. Tim is developing a practice focusing on the regulatory and contractual aspects of sports litigation, in which he can draw extensively on his academic background in private law and his knowledge of insurance litigation.

During pupillage Tim assisted Force India’s counsel in Force India F1 Ltd and Another v Futurecom Event and Marketing GmbH (QBD, 2011), a cross-border contractual claim brought on behalf of a formula one team.

Recently Tim has also advised and represented the British Automobile Racing Club in relation to their liability for an accident occurring at the Thruxton motor racing circuit.