Tim Walker. Overview. Areas of expertise. Commercial. Public Access: Year of call: 1984

Size: px

Start display at page:

Download "Tim Walker. Overview. Areas of expertise. Commercial. Public Access: Year of call: 1984"

Sheena Phelps
5 years ago
Views:

A former international hockey player, Tim also has a keen interest in sport and legal matters relating to sport.

1 Tim Walker Year of call: 1984 Gets to the heart of the issues quickly, client friendly and very good on his feet. Overview Tim Walker s practice focuses on the problems faced by small and medium sized enterprises in the commercial and employment fields. A former international hockey player, Tim also has a keen interest in sport and legal matters relating to sport. Tim s commercial experience covers a wide range of cases that typically include contractual disputes, shareholders disputes, share sale agreements, civil fraud and asset recovery, breach of fiduciary duties and partnership. He is experienced in freezing orders and other forms of interim relief. His practice also extends to proprietary estoppel and constructive and resulting trusts, TOLATA claims, insurance claims, and professional negligence. In the employment field, Tim offers extensive experience in unfair and wrongful dismissal and discrimination claims, acting for both employers (including public bodies) and employees in the Employment Tribunal and civil courts, as well as advising clients generally on employment matters: TUPE, redundancies, stress at work and discrimination. Tim also has experience of various regulatory tribunals. The enforcement of post-termination restrictive covenants is an area of particular interest. In the Sports Law field, Tim has acted for various clubs, bodies and individuals in relation to a variety of sporting matters. Previous clients include, Gianluca Vialli, David Lloyd and Lincoln City FC. Public Access: Tim is qualified to accept instructions direct from clients under the Bar Council s Public Access Scheme. This means that members of the public who seek specialist advice can come direct to him. In addition, he welcomes instructions from solicitors, in-house law departments, qualified foreign lawyers, and clients licensed by the Bar Council to give instructions direct to barristers under the Bar Council s Licensed Access Scheme. For further information please contact our Clerks. ( Areas of expertise Commercial Employment Sports Law Commercial

2 Commercial Tim s commercial practice extends to contractual disputes, shareholders disputes, derivative actions, share sale agreements, civil fraud and asset recovery, breach of directors and fiduciary duties and partnership. He has acted in various section 994 petitions involving e.g. a coach operator, a claims handling company, a private airfield, a caravan park operator, a vehicle repair company (complicated by the existence of a lucrative option to purchase the premises for development purposes), a property company and a lap-dancing business. Tim is experienced in freezing orders and other forms of interim relief, providing legal and tactical advice to ensure that Claimants can act swiftly to secure and recover misappropriated assets. Tim s practice also extends to proprietary estoppel and constructive and resulting trusts, TOLATA claims, insurance claims, and professional negligence and he has experience representing accountants and insolvency practitioners in regulatory proceedings. Asset Recovery Two recent cases illustrate Tim s experience and skills in asset recovery: In Glen Dimplex Home Appliances Ltd V Shelagh Ann Smith & 7 Ors ( [2011] EWHC 3392 (Comm) Led by Derek Sweeting QC, Tim acted for a company in a substantial fraud and asset recovery claim against an employee who had embezzled 2.8m from her employer and distributed those gains amongst various family members. Causes of action included breach of contract, deceit, unlawful means conspiracy, dishonest assistance, knowing receipt and proprietary tracing remedies. The case involved the obtaining of a search and seize order, freezing orders, including one out of the jurisdiction in Ireland, and disclosure orders against various banks, which enabled the misappropriated funds to be traced into the hands of multiple Defendants, secured and recovered. In Kooh Veisi Trading Co & Kooh Veisi Co Ltd v (1) Ali Parsai (2) Zahra Nazari (2013) Tim successfully acted for an Iranian company from freezing order to judgment in fraud and asset recovery proceedings against its UK representative and his wife to whom he had distributed misappropriated assets. Causes of action included breach of fiduciary duty, dishonest assistance and knowing receipt, and proprietary tracing remedies. The case was complicated by the impact on the Claimant s ability to move funds by the financial sanctions in place against Iran; the forging by the Defendant of documents in Farsi necessitating expert handwriting evidence; and the manipulation by the Defendant of computer metadata to produce false s, which necessitated expert evidence from computer experts. Directors & Shareholders Tim is frequently asked to advise directors and shareholders in relation to boardroom and shareholder disputes. He has extensive experience of unfair prejudice petitions, dealing with a diverse range of issues such as breach of directors duties, the interpretation of shareholders agreements, and complicated issues relating to the valuation of shares, and also of derivative actions. He is able to provide practical and tactical advice as disputes develop, and has experience of taking disputes through mediation as well as the drafting and prosecution of proceedings should that prove necessary. Commercial Cases

3 Commercial Cases Phillips v O Neil [1999] 1 WLR 1092: Seminal authority on unfair prejudice petitions (led by Peter Ralls QC). Gill v Sandhu [2005] EWCA Civ 1297, [2006] Ch 456: Distribution of income and capital profits on the winding up of a partnership. MMP Gmbh (Formerly Antal International Network Gmbh) v Antal International Network Ltd [2011] EWHC 1120 (Comm): Successfully defending a 2m claim by a franchisee against a franchisor for damages arising on the termination of an international franchise for alleged repudiatory breach by the franchisee. Kooh Veisi Trading Co & Kooh Veisi Co Ltd v (1) Ali Parsai (2) Zahra Nazari (2013): From Freezing Order to judgment, acting for an Iranian company in fraud and asset recovery proceedings against its UK representative. NRLCC Ltd v Cowling & Lawrence (2014): Acting for a former director sued in breach of fiduciary duty and negligence relating to the disposal of the company s former premises at an alleged undervalue of 2.75m. Khoshkou v Cooper & Rowland [2014] EWHC 1087 (Ch): Acting for the Respondents in a s.994 petition in which they successfully resisted an attempt by the allegedly prejudiced minority shareholder/director to secure the purchase of their majority shareholding. Employment Tim has 30 years experience advising and acting for both employers and employees on all aspects of employment law both in tribunal and the civil courts including: All aspects of unfair and wrongful dismissal Redundancies TUPE Discrimination Post termination restrictive covenants Tim s clients include a variety of businesses, local authorities, high earning individuals, directors, partners and several of the solicitors firms that instruct him. Memberships Employment Lawyers Association Directors' Disputes With his complementary practice in commercial law, Tim is well used to dealing with boardroom disputes, shareholder disputes (including shareholder agreements and unfair prejudice petitions), partnership disputes and the removal of directors and their dismissal as employees. He is able to bring a commercial and practical perspective to bear and his wide understanding of the law ensures that he is able to give fully comprehensive advice. Injunctive Relief & Employee Competition Tim acts for both employers and employees in relation to post-termination restrictions. He advises regularly on the enforceability of covenants and the evidential and tactical considerations when seeking or opposing relief. Previous clients include recruitment consultancies and consultants, solicitors, salesmen, those in financial services and banking, and a variety of other employees from a wine salesman to a Michelin starred chef. Termination of Employment

4 Termination of Employment For both employers and employees, extricating oneself from an employment relationship that is failing is a difficult and stressful experience. Whether advising an employer on managing difficult employees or assisting an employee being mismanaged or maltreated, Tim enjoys investigating and understanding the human dynamics of the relationship and placing that within a legal framework, which enables him to provide best advice as to how to resolve the situation. Previous Cases: Managing the disciplinary process involving an employee who underwent gender re-assignment, but who proved disruptive and aggressive towards her fellow employees. Advising the independent solicitor engaged to investigate and rule on a sexual assault claim in the workplace. Advising on the management and implementation of multiple redundancies. Successfully securing for a director and minority shareholder compensation for unfair dismissal as well as damages for wrongful dismissal, including loss of share options and the value of his shares. Employment Cases Advising an employment agency on the lawfulness of its pay structure in relation to holiday pay and minimum wage. Acting for a Trader dismissed for use of inappropriate language and humour on Bloomberg chat. Establishing the employment status of a tennis club s professional coach and defending the club against unfair dismissal and discrimination claims arising from her dismissal when pregnant. Defending an employer against a TUPE claim arising from a pre-pack administration. Representing a Michelin starred chef in relation to his alleged breach of post-termination restrictive covenants. Acting for an advertising creative caught in TUPE crossfire between transferor and transferee on an alleged service provision change. Navigating an employer through the complex issues arising in relation to the management and eventual dismissal for gross misconduct of a difficult long-standing employee who was undergoing gender reassignment from a man to a woman. Defending unfair dismissal claims arising out of multiple redundancies implemented by a well known jewellery maker. Acting for a dismissed CEO in unfair and wrongful dismissal claims and claims for failure to provide an agreed equity entitlement. Acting for an employer in respect of unfair dismissal and disability discrimination claims brought by a dismissed alcoholic manager suffering from depression. Sports Law

5 Sports Law In the Sports Law field, Tim has acted for various clubs, bodies and individuals in relation to a variety of sporting matters. Examples of his work include: Acting for a football player whose career was ended by injury following a tackle in a match played in the then First Division (Darren Pitcher v Huddersfield Town FC (2001) (led by Augustus Ullstein QC)). Successfully defending discrimination and breach of contract claims brought by an aspiring junior tennis player against her management company and David Lloyd. (Yasmin Clarke v (1) David Lloyd (2) David Lloyd Group Ltd (3) David Lloyd Sports Management Co [2011] EWHC 4079 (QB)). Establishing the employment status of a tennis club s professional coach and defending the club against unfair dismissal and discrimination claims arising from her dismissal when pregnant. Representing a Football Club suing its manager for resigning in breach of contract. Acting for a director shareholder in a dispute over ownership of a non-league Football Club and its FA membership. Tim regularly speaks on sports law issues, recently giving a seminar at Birkbeck College, London University. Memberships British association for sport and law For more information please contact: Tel: +44 (0) Fax: +44 (0) clerks@7br.co.uk Address: 7 Bedford Row; London; Greater London; UK; WC1R 4BS. DX: LDE 347 London

Annette Gumbs. Strengths: Annette is technically excellent and has a keen eye for detail.

Annette Gumbs. Strengths: Annette is technically excellent and has a keen eye for detail. BARRISTER PROFILE: ST JOHN S BUILDINGS Annette Gumbs Email: clerk@stjohnsbuildings.co.uk Phone: 0161 214 1500 Year of Call: 1994 Her background in personal injury and negligence cases means she is particularly