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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:

  • National Bank Trust v Yurov & Others: in October and November 2018, Tim represented the 2nd and 5th Defendants in a 9 week Commercial Court Trial in which a Russian Bank claims damages in the sum of c.US$1 Billion against its former director/shareholders. The Bank’s claims are made under Russian law for breach of duty.
  • Akhmedova v Akhmedov [2019] EWHC 1705 (Fam), in which Tim successfully applied on notice for freezing order relief to prevent assets being removed from Dubai in support of the applicant’s financial relief award of c.£500 million in the Family Division. The decision is notable for the finding of a good arguable case that individual directors of the corporate director of the respondent are to be treated as ‘de facto’ directors of the respondent.
  • VTB Bank v Skurikhin [2019] EWHC 1407 (Comm), a decision of the Commercial Court dismissing the application of a Liechtenstein Foundation to discharge a receivership order obtained by Tim in 2015. Tim has acted in this matter for the claimant, a Russian Bank, since 2012. The case concerns the enforcement of Russian judgment against assets in England and Italy. The judgment notably applies principles relating to issue estoppel and Henderson v Henderson abuse of the process.
  • Since April 2017, Tim has been instructed as lead counsel representing the Court appointed receivers of Sebastian Holdings following the US$300m judgment obtained by DBAG against SHI. Tim has appeared in first instance courts and the court of appeal of the Turks and Caicos Islands on a number of occasions since November 2017, as well as appearing in the Commercial Court in England and Wales ([2017] EWHC 3265 (Comm)).
  • In Woodward v Phoenix [2018] EWHC 2152 (Ch), [2018] EWHC 334 (Ch), Tim was instructed in relation to an application for retrospective alternative service in circumstances where the limitation period has expired, following his successful appearance in the Supreme Court in Abela v Baadarani (2013).
  • In Hi-Level v Levine [2018] EWHC 1882 (Ch), Tim obtained orders for further searches following a without notice ‘doorstep piller’ order relating to breaches of database right and breaches of confidence.
  • In Best Friends v Barclays [2018] EWCA Civ 601, Tim was instructed in the appeal concerning a mis-named claimant in a swap mis-selling case.
  • In Marashen v Kenvett [2018] 1 WLR 288, the Court considered issues relating to alternative service orders in circumstances where service should ordinarily take place in a Hague Service Convention territory.
  • In BM-Bank JSC v Chernyakov [2017] EWHC 2564 (Comm), Tim obtained the maximum 2 years sentence against a contemnor for multiple breaches of a high value WFO.
  • In Abela v Fakih [2017] EWHC 269 (Ch), Tim successfully opposed an application to set aside a search order on jurisdiciotnal and discretionary grounds. The case is notable as the first case expressly recognising the jurisdiciotn to grant search orders against third parties.
  • Dunn Motors v National Express [2017] EWHC 228 (Comm) (security for costs). Tim was instructed as lead counsel for the claimant in this £20m claim.
  • Between 2016 and 2018, Tim was 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.
  • During 2017, Tim was instructed to advise a well-known concessionaire on its long-term contractual relations with a well-known department

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.