Dale Timson

Dale acts for clients in all areas of property law including disputes involving easements, restrictive covenants, and trusts of land, including constructive and resulting trusts, claims pursuant to the Trusts of Land and Appointment of Trustees Act 1996, and matters involving contested wills and probate.

Dale also specialises in both residential and commercial landlord & tenant matters. From forfeiture claims, service charge disputes, possession proceedings, and deposit disputes, through to lengthy and complex cases of unlawful eviction, fraud, and harassment, Dale is able to provide effective advocacy in court and direct but practical advice out of court.

Dale is regularly instructed by a top UK insurer to defend claims involving property damage. Dale has significant experience in these complex liability and quantum claims which often involve multiple areas of law including tort, contract, agency, and statutes such as the Highways Act 1980. Dale takes a keen interest in the correct test regarding the measure of loss in these types of cases and is fully conversant in the arguments put forward by claimants and defendants.

Dale also has an excellent working knowledge of the law relating to uplifts for overheads (often known as ‘thickening claims’) and the recoverability of such.

Recent cases include:

• Obtained permission to appeal from the Court of Appeal in a property damage claim involving issues relating to when one company can issue a claim in the name of another. Instructed as sole counsel for the hearing listed in November 2024.
• Multi-track trial in which Dale successful represented the claimant in obtaining over £150,000.00 in occupation rent and defeated a counterclaim alleging a constructive trust.
• Led by James Aldridge KC in possession proceedings brought in respect of arrears of over £23m. Settled the proceedings on favourable terms better than the court could have ordered.
• Multi-track trial in which Dale successfully represented the landlord in a commercial lease renewal where the landlord opposed the lease renewal under s.30(1)(g) LTA 1954 being the landlord’s intention to occupy the premises.
• Multi-track trial involving the interpretation of a will. The disposal of a property was in issue between the trustees and beneficiaries. The judge agreed with the beneficiaries’ position following Dale’s persuasive submissions.
• Multi track trial successfully representing a tenant in their claim for unlawful forfeiture. The court allowed the claim, making damning findings against the Landlord, awarding the tenant considerable damages and costs.

Dale has a broad commercial practice and receives instructions on behalf of both individuals and businesses in claims of all values.

His commercial work covers a broad range of business disputes, including matters involving breach of contract, debt recovery, consumer rights, guarantees and indemnities, letters of credit, the sale of goods and transfer of title, the supply of services, bailment, and the proper construction and effect of contractual terms and conditions.

Dale also has a good working knowledge of the law relating to force majeure and frustration, having now dealt with several cases involving the effect of Coronavirus on these areas of law.

Dale has been instructed on a number of injunction cases and is always willing to provide urgent advice and representation.

Recent cases include:

• Currently instructed in group action by 41 claimants against an insurer to obtain a declaration that the insurance responds to a judgment obtained by the Claimants in the sum of over £3m.
• Currently instructed in an ongoing claim valued at £4.5 million for alleged breaches of contract for not following through with a contract for sale of two properties valued at over £5 million involving claimed loss of profits and expenditure losses.
• Currently instructed in on ongoing claim valued at over £1 million involving a worldwide freezing injunction flowing from alleged breaches of contract and fraudulent misrepresentation for non-payment under loan agreements and personal guarantees relating to a timber distribution agreement for timber in Africa.
• Dale succeeded in setting aside an unless order made for non-compliance with disclosure obligations under the terms of a word worldwide freezing injunction in a claim valued at over £1 million involving alleged breaches of contract for non-payment under loan agreements relating to a factoring business.
• Currently instructed in several multi-party claims of significant value involving alleged unlawful means conspiracy, inducement or procurement of breach of contract, and unlawful interference with a third party.

Dale offers a comprehensive service in respect of all matters relating to both corporate and personal insolvency, whether representing office-holders, debtors, creditors, companies, directors and insolvency practitioners.

Dale has experience in the full range of matters associated with insolvency litigation, including applications made within insolvency proceedings such as applications to set aside statutory demands, to restrain winding up petitions, to restrain advertisement of petitions or for administration orders.

Recent cases include:

• Currently instructed by the Official Receiver in three conjoined appeals regarding the effect of a stay on bankruptcy proceedings.
• Represented a Respondent at a five-day trial in a claim brought by a trustee in bankruptcy alleging that the ownership of property by that Respondent was a sham, along with claims pursuant to sections 339 and 423 Insolvency Act 1986. Awaiting Judgment.
• Currently instructed in a number of complex claims by both company liquidators and former directors regarding alleged breaches of duty, misfeasance, and preference claims.
• Currently instructed in applications to annul bankruptcy orders brought by overseas creditors alleging ‘bankruptcy tourism’.
• Advising a former company director facing a claim alleging wrongful reuse of a company name.
• Advising a former company director about restrictions entered on his personal property following an agreement reached with the liquidator of the company resulting from a settlement agreement. Involved issues of limitation.
• Representing a former company director in a claim brought by the liquidator pursuant to s.212 and s.234 Insolvency Act 1986. Dale successfully argued that the loss to the company had not been properly quantified and reliance on an investigation by HMRC was insufficient.

Dale acts for lenders and financers as well as corporate and individual borrowers. He undertakes a wide ranging of banking work involving charges, mortgages, guarantees, facility agreements, and LPA receivership cases.

Recent cases include:

• Currently representing mortgagees in a number of complex, high value claims, involving issues of assignment, limitation, and enforceability of the mortgages.
• Successfully represented a lender in a strike out and summary judgment application in the High Court involving a claim challenging the validity of legal charges and alleged mis-selling of financial services.
• Advising a borrower on whether a significant loan was unenforceable for breaching FSMA 2000.
• Advising on the enforceability of a mortgage for business purposes secured against residential property.

Dale often acts for clients on a Direct Public Access basis. This means that clients can instruct Dale directly without a solicitor being involved.

A guide on how to instruct a barrister under the public access scheme can be found here.

Dale is always transparent and upfront about costs. Any potential client may contact Dale or his clerks on the details above to obtain a quotation for legal services. When requesting a quote, sufficient information must be provided, which should initially include the names of the parties to allow for conflict checks to be undertaken.

Dale’s most common fee structure for Direct Public Access work is a fixed fee for a set piece of work. This could be, for example, a fixed fee for reading and considering the papers and providing advice in a conference or in writing, or a fixed fee for preparing for and attending a hearing. Fixed fees are always agreed in advance of the work being undertaken.

Dale’s hourly rate for Direct Public Access work is £300.00 plus VAT per hour (£360.00 inc. VAT) (as at 14 October 2024). Dale’s fixed fees are calculated by reference to his hourly rate and how long the required work will take. For example, if Dale estimates that it will take him five hours to complete the work required, the fixed fee will be £1,500.00 plus VAT (£1,800.00 inc. VAT).

Once Dale has seen all of the relevant papers and reached a full understanding of the nature of the case and the services required by the client, the proposed fee will be set out in writing. All fees are subject to VAT where applicable. If the proposed fee is agreed in principle, Dale will provide a client care letter that sets out the conditions upon which the instructions will be accepted before any work is undertaken.

The areas of law where Dale most commonly provides legal services are set out above. The factors which might influence the timescales of Dale providing his legal services include, but are not limited to, Dale’s availability in light of his current professional and non-professional commitments. Timescales will always be agreed in advance and recorded in the client care letter prior to the commencement of any work.