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Tim Penny QC

Call: 1988    QC: 2016

+44 (0)20 7306 0102tpenny@wilberforce.co.uk

Commercial

Tim has been recommended for many years by the legal directories for commercial litigation and commercial chancery litigation. His practice covers both domestic and international disputes, his clients benefiting from his extensive experience in areas such as financial services, shareholder and partnership disputes, intellectual property, IT, sport as well as media and entertainment.

Recent cases include the following:

  • Dunn Motors v National Express [2017] EWHC 228 (Comm) (security for costs). Tim is currently instructed as lead counsel for the claimant in this c.£20m claim, in which the trial is due to be heard in the Commercial Court in January 2018.
  • Since April 2017, Tim has been instructed as lead counsel representing the Court appointed receivers of Sebastian Holdings following the c.US$300m judgment obtained by DBAG against SHI.
  • Tim is currently instructed as lead counsel for the claimant/purchasers in a substantial multi-party cross-border claim arising from alleged breaches of warranty in a Sale and Purchase Agreement and allegations of breaches of fiduciary duty/secret profits by the leaving directors.
  • Tim is currently (2017) instructed on an appeal to the Court of Appeal in a case involving interest-rate swaps.
  • Since 2014, Tim has been instructed in a substantial and hostile joint venture commercial property dispute which is likely to come to trial during 2019.
  • During 2017, Tim was instructed to advise a well-known concessionaire on its long-term contractual relations with a well-known department store.
  • During 2016, Tim was instructed to advise on issues of contractual construction relating to ‘waterfall’ payments in a SPA / hedge fund dispute.
  • During 2015 and 2016, Tim represented the defendant franchisees in a dispute involving allegations of “selling out” and breaches of a franchise agreement.
  • During 2016/2017, Tim was retained by a firm of solicitors to advise on conflict of interest involving a current client and the potential for termination of their retainer.
  • Between 2015 and 2017, Tim was instructed by defendants in a shareholders/breach of fiduciary duty dispute in which the claimants’ claim was eventually struck out/dismissed.
  • In Key Homes v Patel [2014] WL 16417, Tim was instructed by the former proprietor of a c.£20m scheme involving buy-to-let apartments; this was the first decision on service of a claim form on an individual under the relevant provisions of the Companies Act 2006.

Sports

Tim has a wide range of experience in sports law disputes and advised athletes and clubs on a variety of sporting issues, including doping and other disciplinary issues over the years. For many years, The Legal 500 recommended him on sports law issues. In addition, he has lectured at sports law events on principles of natural justice in a sporting context.

  • The British Equestrian Federation v FEI (CAS/2010/A/2058): represented the British Equestrian Federation before the CAS tribunal in Lausanne in its successful appeal against the decision of the FEI to relegate the British Nations Cup show jumping team at the end of 2009.