Tim Lord QC’s Full CV

Qualifications

M.A. Hons. Law (Cantab.) 1987: First Class

Elected Life Scholar, Christ's College Cambridge (1987)

Christ's College Scholarship (1984, 1985 and 1986)

De Hart Prize (1985, 1986 and 1987)

Rapaport Prize (1985)

Profile

What marks Tim Lord QC out at the commercial bar is his wealth of trial experience enabling him instinctively to identify the point on which a case will turn and carry the tribunal with him. Originally a solicitor in the City, he took with him to the Bar a thorough grounding in banking, capital markets and corporate finance work as well as a clear understanding of how the barrister/solicitor relationship works best.

He took Silk after 16 years at the Bar, on the strength of a broad commercial practice taking in not only banking and finance but insurance and reinsurance, professional negligence, civil fraud, conflict of laws, TMT and arbitration. His experience of playing first class rugby and cricket has stood him in good stead for both the adversarial aspects of litigation and the crucial need for teamwork.

Tim Lord QC has maintained a broad practice which has combined different areas of substantive and procedural law with a wide range of courtroom experiences. This breadth and diversity makes for effective advocacy and good judgment, which are particularly important qualities in Silk.

Recommended as a leading Silk for Commercial Litigation, Banking & Finance and Professional Negligence by the Legal 500, for Banking & Finance and Professional Negligence by Chambers & Partners and Insurance by Legal Experts. He is described by the Legal 500 as a "perfect 2008 Silk for credit crunch cases".   

Highlights of his current and recent caseload include:

  • HSBC v AHAB and Algosaibis: $100M claim by HSBC for repayment under various lending facilities and guarantees. Tim led for HSBC at the Commercial Court trial before Flaux J in June 2011, which collapsed amidst widespread publicity with the Defendants submitting to judgment in favour of HSBC. He successfully resisted attempts by other banks (also judgment creditors of these defendants) to set aside HSBC's interim charging orders over certain assets of such defendants at a hearing in September 2011.
  • JP Morgan v BVG: £200M claim by JPM against the Berlin Transport Company over a synthetic CDO. Tim led for BVG in the Supreme Court and appeared at the ECJ in February 2011, in relation to the jurisdiction dispute. He continues to lead in the substantive action proceeding in the Commercial Court.
  • UBS v KWL: $350M structured finance dispute involving the Leipzig Water Company. Tim led for KWLat the jurisdiction hearing before Gloster J and continues to lead in the ongoing substantive action in the Commercial Court.
  • Deutsche Bank v SHI: $3 billion prime brokerage dispute in the Commercial Court, which arose at the height of the "credit crunch".
  • Lornamead v Kaupthing Bank: Tim led for Kaupthing Bank before Gloster J in 2011 at the jurisdiction hearing in the Commercial Court, which involved the Icelandic banking insolvency regime.  
  • Merrill Lynch v Agricultural Bank of Greece: Tim leads for ABG in this structured product dispute over a "snowball", which started in the Commercial Court in 2011 and continues.
  • William Hill v Playtech Ltd: Tim led for Playtech in this high profile online gaming dispute, which settled shortly before the Commercial Court trial in May 2011
  • CF Partners v Barclays Bank: Tim leads for CFP in this breach of confidence claim that started in the Chancery Division in October 2011, and which arises out of a corporate finance deal involving carbon credits trading.
  • Katsouris v Haitoglou: Tim led for the defendant at a jurisdiction hearing before Eder J in the QBD in January 2011 in this sale of goods dispute involving the supply of goods from Greece to the leading supermarket chains
  • Renaissance Capital v African Minerals Ltd: Tim acts for the defendant in this mining related dispute, which was issued in the Commercial Court in October 2011 and involves claims for corporate finance fees.
  • The Yarrow Foundation v Timis: Tim represents the defendant in this claim for breach of trust brought in the Chancery Division in 2011.
  • JN Dairies Ltd v Johal Ltd: Tim acted for the defendant in this breach of confidence dispute, the trial of which ended up in the Court of Appeal

Banking & Finance

Tim Lord QC's time working for a major City law firm before coming to the Bar ideally suited him to banking and finance litigation: his first hand transactional experience of syndicated loans, bond issues, mortgage securitisation and the capital markets generally makes him an obvious choice of silk for "credit crunch" disputes. He specialises in complex derivatives disputes both before the English Courts and international tribunals.

Tim is recommended as a leading Silk for Banking & Finance by Chambers & Partners and also by the Legal 500, who describe him as a "perfect 2008 Silk for credit crunch cases". 

Tim appeared as leading counsel for HSBC in its claim as lender for some US$100 million under revolving credit facilities and guarantees. The defences raised include alleged forgery of signatures and fraud on the part of the managing director of the borrower: HSBC v. Ahmad Hamad Algosaibi and Brothers Company. The Commercial Court trial before Flaux J in June 2011 collapsed amidst widespread publicity with the defendants submitting to judgment. Tim led for HSBC at a hearing which dismissed the application by other banks (which were also judgment creditors of these defendants) to have HSBC's interim charging orders over certain of the defendants' assets set aside: [2011] EWHC 2444 (Comm), Flaux J.    

Tim is leading counsel for the defendant in J P Morgan Chase v. Berliner Vekehrsbetriebe, which concerns credit default swaps in the context of a synthetic CDO and is worth over £200 million. The question of jurisdiction was considered by the Supreme Court, which made a reference to the ECJ. Tim represented BVG before the Supreme Court and ECJ. The ECJ having determined that the English court has jurisdiction - [2011] 1 WLR 2087 - the substantive dispute now proceeds through the Commercial Court.

Tim is leading counsel for KWL in a claim against it by UBS, which relates to credit default swaps, synthetic CDOs and portfolio management agreements. A jurisdiction hearing took place before Gloster J in July 2010. Gloster J dismissed the jurisdiction challenge: UBS v KWL [2010] EWHC 2566 (Comm).

Tim was instructed as leading counsel for the defendant in a dispute under a prime brokerage agreement concerning alleged FX trading losses and liabilities of over US$3 billion, which arose at the height of the "credit crunch". The question of jurisdiction was heard by the Court of Appeal in April 2010: Deutsche Bank v. Sebastian Holdings Inc. The Court of Appeal dismissed the appeal: [2010] EWCA Civ 998.

Tim was instructed by Kaupthing Bank in relation to a claim against it by Lornamead Ltd in the Commercial Court. Kaupthing's application to strike out the proceedings on jurisdictional grounds was heard in February 2011 before Gloster J, who dismissed the application but gave leave to appeal to the Court of Appeal.

Tim is instructed as leading counsel for the Agricultural Bank of Greece in the Commercial Court action brought by Merrill Lynch. The dispute concerns an exotic structured derivative known as a "snowball" and the proceedings started in 2011.

Tim was retained by the defendants in Deutsche Bank v. Vik and Vik Millahue, in which the claimant made restitutionary claims arising out of alleged mistakes occurring during the time of the worst of the turmoil in the financial markets. Tim successfully secured the striking out of the claim on jurisdictional grounds: Commercial Court 19 March 2010, Burton J.

Tim has been instructed in relation to many disputes where the ISDA Master Agreement forms the basis of the contractural matrix: securitisations, CDOs, CLOs, Target Redemption Forward Transactions, credit ratings arbitrage, prime brokerage, FX and equities trading, futures, options and swaps of all kinds. He has advised in relation to many aspects of the ISDA documentation, including jurisdiction, events of default, conditions precedent, early termination, settlement, set off, notices, credit support, VaR and cross-collateralisation. 

Tim's experience of structured financial product disputes has been called upon in his instruction by one of the leading monoline insurers, MBIA. MBIA as claimant instructed Tim, alongside Jonathan Sumption QC, in relation to a Part 8 Claim proceeding in the Chancery Division: LaCrosse and MBIA v. The Royal Bank of Scotland. The dispute concerned the termination of a credit derivative transaction. It settled shortly before trial in July 2010.

Tim regularly provides expert opinions as to English law for foreign courts, most recently in a dispute proceeding before the New York Court concerning monoline insurance and a structured financial transaction. Tim has been instructed in relation to various hedge fund matters, most recently arising out of the Madoff scandal.

Tim was retained by a major US law firm to provide expert opinion evidence on English law in proceedings in The Netherlands arising out of the syndicated loan financing of a telecoms J.V. His advice has regularly been sought in relation to disputes arising directly out of the credit crunch, variously involving derivatives, hedge funds and investors concerned at their exposure to troubled financial institutions and the collapse of the Icelandic banks in particular. He has recently advised upon a claim based upon an allegedly misleading prospectus.

General Commercial Litigation

General commercial litigation is very much the bedrock of Tim Lord QC's practice. In addition to the particular areas of commercial practice set out above and below, he accepts instructions in a wide range of general commercial disputes. A good example is the claim on behalf of certain farmers for compensation for the 2007 outbreak of foot and mouth disease (Pride v IAH, Merial Animal Health Ltd and The Secretary of State 2008 QBD). Judgment was given on 31 March 2009 following a 3 day strike out/summary judgment hearing in which the defendants were represented by Jonathan Sumption QC & Michael Beloff QC: Pride & Partners v IAH and Others, QBD 31 March 2009, Tugendhat J.

Tim has recently been instructed in a substantial Commercial Court action concerning a €200M investment structure which started in 2012: Fortress Value Recovery Fund 1 LLC v Blue Skye Special Opportunities Fund L.P. Tim is leading counsel for the manager defendants who face claims in conspiracy in relation to the restructuring of the fund. Tim has appeared at several hearings in 2012 in respect of the freezing injunctions which the claimants obtained. The matter continues.

Tim appeared as leading counsel for the defendant in a substantial jurisdiction hearing in the Commercial Court arising out of an international sale of goods dispute : Katsouris Bros. Ltd v. Haitoglou Bros. SA. The matter was heard by Eder J in January 2011. The Court acceded to the defendant's case that parallel Greek proceedings should be given precedence over the English proceedings: [2011] EWHC 111 (QB).

He is regularly consulted in relation to disputes concerning corporate finance, takeovers and mergers both domestic and international. The contexts are diverse, and have recently ranged from minerals exploitation in Africa, to carbon credits trading, online gambling businesses and capital markets trading platforms. 

He is leading counsel for the claimant in the case of C F Partners v Barclays Bank, which commenced in the Chancery Division in 2011 and continues. The claim is based on breach of confidence arising out of corporate finance transactions involving carbon credit trading companies.

Tim acts for the defendant in Renaissance Capital v African Minerals Ltd. This mining related dispute was issued in the Commercial Court in 2011 and continues: it involves claims for a variety of corporate finance advisory fees.

Tim leads for the defendant in The Yarrow Foundation v Timis, an ongoing action for breach of trust commenced in the Chancery Division in 2011.

Tim was retained by the defendants in a high profile dispute as to restrictive covenants in the world of online gaming business: William Hill v. Playtech. Tim appeared at the interim injunction hearing before Teare J in March 2011. The trial settled shortly before it was due to begin in the Commercial Court in May 2011.

Tim is regularly instructed to form part of a multi-disciplinary team and bring a commercial law perspective to bear (a good example being Henry Boot v Alstom Combined Cycles [2005] 3 AER 932, CA). He was leading counsel in a 2 week trial in the Chancery Division in March 2009 concerning the alleged misappropriation of trade secrets involving allegations of conspiracy, bribery and forgery (JND v Johal 2009 Ch. Div.), the appeal in which was heard by the Court of Appeal in March 2010: [2010] EWCA Civ 348.

Tim is currently advising upon defence procurement disputes that have arisen in the wake of the public spending cutbacks.

Professional Negligence

Tim Lord QC has been instructed in some of the largest professional negligence actions recently seen in the High Court. He was retained by the claimant insurers as the senior junior in The Tag Litigation, which was group litigation against 600 solicitors' firms arising out of the collapse of an ATE insurance scheme. This case started in the Commercial Court in 2005 and settled shortly before trial in 2008. Tim was instructed in Silk in relation to another substantial solicitors' negligence action in the Commercial Court (Axa Insurance Ltd v Various firms of solicitors). Judgment was given by Flaux J in the Axa litigation, following a trial of the preliminary issue of limitation which raised difficult questions of when a cause of action in negligence arose in relation to a breach of duty that was said to have led to the insurer entering a policy it would not otherwise have done: Axa Insurance Ltd v. Akther & Darby Solicitors & Others, Commercial Court 27 March 2009, Flaux J. The Court of Appeal gave judgment in November 2009 including permission to appeal to the Supreme Court. The action has since settled.

Tim has experience of all types of professional negligence litigation: insurance brokers, accountants, barristers, solicitors, surveyors, architects and engineers. He has recently been instructed by a major City firm in relation to applications concerning it in the Commercial Court.

Insurance & Reinsurance

Tim has extensive experience of insurance and insurance-related litigation covering a wide variety of matters. He has been instructed in relation to the usual forms of policy and coverage disputes: an early example being MMI v Sea Insurance [1996] LRLR 265, CA (reinsurance) and a recent example Standard Life v Oak Dedicated Ltd [2008] Ll Rep IR 552, Commercial Court (insurance). He is also a popular choice of insurers in substantial subrogated recovery actions and in environmental and pollution disputes (eg Butcher Robinson & Staples v London Regional Transport [1999] 35 EG 165; Thames Water v London Underground 95 ConLR 127.)

Based upon his reputation for forensic analysis and cross-examination, he has particular experience in insurance fraud litigation (eg Yaqoob v Royal Insurance 2006 CA). As the economic climate deteriorates, this is a fast-growing area of practice. He is recommended as a leading practitioner in this field in the directories.

Tim has just been instructed in relation to a substantial policy/coverage dispute concerning professional indemnity insurance.

Civil Fraud

Tim has particular expertise in the area of civil fraud, in which keen forensic analysis and expert cross-examination are at a premium. His practice straddles insurance fraud (eg Yaqoob v Royal Insurance 2006, CA), financial fraud (eg Cargill and Citibank v KPN and Qwest 2008), business fraud (eg Medina v Nijjar 2005, QBD) and fraudulent claims in general (eg Cooper v P&O Stena Line Ltd [1999] 1 Ll Rep 734, Admiralty). As part of his civil fraud practice, Tim has worked closely with experts in a variety of forensic fields eg accountancy, computing and software, data recovery. This aspect of his practice necessarily encompasses freezing injunctions, search orders and related procedural matters.

Tim was retained by NatWest to defend a £20m claim brought against it in the Chancery Division alleging conspiracy, dishonest assistance and restitution.

The credit crunch has seen this area of practice burgeon over the past couple of years.

Conflicts

Tim Lord QC has significant experience of conflict of laws and jurisdictional disputes. The context might be insurance (Butcher v Yellow Book 2004 Commercial Court), banking (Barclays v SSR 2005-6 Commercial Court), software and licensing (confidential media/technology dispute 2004 Commercial Court) or employment (Benfield v Richardson 2007 QBD). The issue of anti-suit injunctions frequently arises (eg Butcher, Benfield). Tim was recently engaged as an expert witness in a dispute in the Dutch courts over whether English or Dutch law applies to a substantial piece of banking and finance litigation. He has recently given expert opinion evidence in an action in the New York Court concerning monoline insurance and a complex structural financial transaction. The credit crunch is throwing up lots of cross-border issues: Tim has appeared in several jurisdiction challenge hearings over the past year-

  • JP Morgan Chase v BVG [2010] QB 276, Teare J; [2010] EWCA Civ 390, CA.
  • Deutsche Bank v Sebastian Holdings [2009] EWHC 2132 (Comm), Paul Walker J; [2010] 1 All ER (Comm) 808, Burton J; [2010] EWCA Civ 998, CA; Supreme Court, November 2010; [2011] 1 WLR 2087, ECJ.
  • Deutsche Bank v Vik and Vik Millahue [2010] EWHC 551 (Comm), Burton J.
  • UBS v KWL [2010] EWHC 2566 (Comm), Gloster J.
  • Katsouris Bros. Ltd v Haitoglou Bros. SA, Commercial Court,14 January 2011, Eder J.
  • Lornamead Acquisitions Ltd v Kaupthing Bank hf [2011] EWHC 2611 (Comm), Gloster J. 

TMT (Telecoms/Media/Technology)

Tim's practice has in recent years included a substantial TMT element. This has included litigation over matters as varied as: satellite broadcasting (Premier Telesports v The Racecourse Association 2003 Commercial Court); software licences relating to the provision of financial and trading information to City institutions; a merchandising and CD contract (Ministry of Sound v World Online Ltd [2003] 2 AER (Comm) 823); a media rights agreement (Attheraces v RCA 2006 Commercial Court).

Tim continues to be instructed in the field of Telecoms/Media/Technology. He was retained by Ingenious Media Limited in a claim in the High Court against them by Ministry of Sound concerning alleged misrepresentation and misstatement in relation to Trinity Street: MSHK Ltd v Ingenious Media Limited & Others, QBD 2009.

Tim has recently been retained by a well-known charity in relation to a dispute concerning its computer software systems.

Arbitration Law

Tim Lord QC has experience of arbitration in the commercial law areas described above, which matters are of course confidential. Recent examples include disputes arising out of banking transactions, alleged breach of warranty in corporate finance deals and hedge fund related litigation generated by the "credit crunch". Also, a number of TMT and defence procurement disputes.

Other areas

Technology and Construction

Tim has been instructed in several high value disputes raising complex technical issues (eg Piper v Clifford Kent 2003, CA; Thames Water v LUL 2005 TCC). He is adept at leading and co-ordinating multi-disciplinary teams including a variety of expert disciplines. Judgment was given on 1 May 2009 in Siemens Ltd v Supershield Ltd, a TCC trial before Ramsey, J in which Tim appeared for Siemens. The appeal to the Court of Appeal in December 2009 considered the important recent House of Lords case on remoteness of damage in contract and the rule in Hadley v. Baxendale (Transfield Shipping v. Mercator Shipping, The Achilleas): Supershield Ltd. v. Siemens [2010] 1 Lloyd's Rep 349, CA.

Sports Law

The fact that Tim Lord QC achieved a First in Law at Cambridge University whilst also representing the University at first class rugby (Blue 1986) and cricket (now a playing member of the MCC) means that he combines "brains with brawn". This makes him an attractive and suitable choice as a Silk in disputes in the context of sport. He has particular experience of the horse racing industry.

Energy

Tim's experience when a City solicitor of major utilities privatisations provides an obvious backcloth to instructions in this field. He has recently advised in relation to mineral exploitation and carbon trading credits claims.

Procedure

Tim has over the years done his fair share of litigation as to the civil procedure rules, especially at appellate level (ie Budgen v Andrew Gardner Partnership [2003] CP Rep 8, CA; Vinos v Marks & Spencer Plc [2001] 3 AER 784, CA; Nanglegan v Royal Free [2002] 1 WLR 1043, CA; Dunnett v Railtrack Plc [2002] 1 WLR 2434, CA).

He led for HSBC at a hearing which established that other judgment creditor banks were not entitled to have HSBC's interim charging orders set aside in favour of such other judgment creditors: [2011] EWHC 2444 (Comm), Flaux J. This hearing followed on from the HSBC v AHAB trial in June 2011.

In conjunction with Harry Matovu, Tim compiled the Brick Court Chambers written response to the Commercial Court Long Trials Working Party pilot scheme and attended and contributed to the symposium on the subject in January 2009.

Personal

The Hon. Tim Lord QC is married to Amanda (née Green), who was a commercial barrister herself for 12 years before starting an online fundraising venture. They live in Dulwich with their two boys, James and William. Tim played rugby and cricket for Cambridge University (Rugby Blue 1986) and is a playing member of the MCC. When time permits, he plays some cricket and golf, sails and skis. He is an active supporter of the Christ's College, Cambridge alumni programme and his local church.

He is a member of COMBAR, the Professional Negligence Bar Association and the London Common Law and Commercial Bar Association, of which he was Honorary Secretary for 6 years.