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TIM PENNY QC

Call: 1988    QC: 2016

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

Practice Overview

Tim has a strong commercial and chancery litigation practice, specialising in the areas of commercial fraud, commercial litigation, shareholder disputes, court-appointed receiverships, financial services related claims and breach of confidence, ‘soft’ intellectual property and more recently cryptocurrency disputes

Tim has particular expertise in high-value commercial fraud cases and cross-border disputes. He has excellent knowledge of search and worldwide freezing orders, jurisdiction disputes and choice of law issues and applications for permission to serve outside the jurisdiction; his cases often involve contested injunctions, cross-examination on asset disclosure, contempt of court applications and without notice applications for interim relief.

He has been instructed recently to advise and act in many high profile commercial cases, including acting for 2 of the 6 defendants In Abu Dhabi Commercial Bank v Shetty & others, a $1B+ claim arising out of the collapse Into administration of NMC Health PLC (2020-2022), 2 of the 6 defendants in the $1B claim in National Trust Bank v Yurov (2019-2020) and for the wife the high value divorce case Akhmedova v Akhmedov (2019-2020). He has been involved in a number of important recent cases in the developing area of receiverships by way of equitable execution and cross-border recognition of court appointed receivers, and he is the author of the chapter on cross-border recognition of court appointed receivers in Kerr & Hunter on Receivers and Administrators, 21st Edition. He has also been involved in the leading recent cases on collective investment schemes in the Supreme Court and Court of Appeal. During 2020, he completed a course on Cryptocurrency and Disruption at LSE, and has been instructed on several fraud claims involving the misappropriation of cryptocurrency.

Tim is called to the Bar in the BVI, and regularly litigates not only in the London Commercial Court and the BVI but also in Cayman and other offshore jurisdictions.

Tim is ranked in the directories in both commercial chancery and civil fraud.

Chambers and Partners 2022 notes that Tim “presents very dense and factually intricate material in a really clear and persuasive way.” He is a really brilliant, thoughtful and compelling advocate. His written work is excellent, and he’s a pleasure to work with.” and that “he’s extremely thorough and capable of getting through a lot of material while maintaining the quality of his drafting. In his oral submissions he’s able to represent some very dense and factually intricate material in a really clear and persuasive way. An excellent leader.”

The Legal 500 2022 describes Tim as “an excellent advocate whose thoughtful, balanced and considered style is highly effective.” and “brilliant in all respects. He is tactically astute, quick to grapple with complex issues of law and a first-rate advocate.”

Chambers and Partners 2021 describes Tim as “A really brilliant, thoughtful and compelling advocate. His written work is excellent, and he’s a pleasure to work with.” “He’s extremely thorough and capable of getting through a lot of material while maintaining the quality of his drafting. In his oral submissions he’s able to represent some very dense and factually intricate material in a really clear and persuasive way. An excellent leader.” “He is incredibly knowledgeable on civil fraud and freezing orders and has an assured advocacy style.”

The Legal 500 2021 notes that Tim is “an impressive and charming advocate who has excellent judgement in choosing the points to run and the way to put them – he is particularly strong on jurisdictional issues and complex trust and tracing points.” Tim is also described as having a “deep knowledge of the law, persuasive advocate, excellent in conference, a tremendous team player and a go-to QC for complex civil fraud”.