Dale Timson

Dale’s property practice is wide-ranging. He is regularly instructed in matters ranging from complex multi-track and fast-track trials, through to possession hearings, strike out, summary judgment, and relief from sanction hearings.

Dale is experienced in advising and representing clients in matters involving contractual terms, restrictive covenants and easements (including rights of way and rights of light), trespass, nuisance, boundary disputes, the Party Wall Act, adverse possession, unlawful eviction, fraud, harassment, and highways disputes. Dale also specialises in both residential and commercial landlord & tenant matters.

Dale is also regularly instructed 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 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:

• National Highways Ltd v David McMinn [2024]- Dale represented the Defendant’s insurer and 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. The Claimant instructed leading counsel and opposed the appeal up until the week prior to it being heard when it agreed to the appeal being allowed by consent which the Court approved.
• Dale successfully represented the First Respondent in Taylor v Savik & Anor [2024] EWCC 7 in resisting an application by the Second Respondent’s Trustee in Bankruptcy for a declaration that a property legally and beneficially owned by the First Respondent was in fact beneficially owned by the Second Respondent (allegation of sham). At the outset of the trial in Taylor v Savik & Ryle [2024] EW Misc 18 (CC), Dale obtained a stay of the Applicant’s claims pursuant to sections 339 and 423 IA 1986. Following the trial, in Taylor v Savik & Anor (Re Consequential Matters) [2024] EWCC 10 Dale obtained an order for: (1) costs on the indemnity basis; (2) pre-judgment interest on costs; and (3) a significant payment on account of costs.
• Nigel Marsay & Nigel’s Computer Repairs Limited v Barclays Bank UK Plc & others [2023] EWHC 2301 (Comm)- Dale succeeded in striking out claims brought by a commercial borrower against the bank. The judgment provides a review of the relevant principles and case law regarding the duties owed by banks and receivers in respect of allegations involving a sale at an undervalue and in respect of goods left at a repossessed property.
• Hastings Borough Council v Linda Turner [2021] UKUT 258 (LC)- Dale represented the Respondent before the Upper Tribunal (Land Chamber). The decision provides important guidance on the proper approach by the FTT to a rehearing of a licence application made by a relevant person, including clarification on the burden of proof and the weight to be given to the local housing authority’s decision.
• Dale represented a claimant in a multi-track trial obtaining over £150,000.00 in occupation rent and defeating a counterclaim alleging a constructive trust.
• Dale was led by James Aldridge KC in possession proceedings brought in respect of arrears of over £23m. The proceedings were settled on favourable terms.
• Dale successfully represented a landlord in a multi-track trial involving 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.
• Dale successfully represented the beneficiaries in a multi-track trial involving the interpretation of a will regarding the disposal of a property.
• Dale representing a tenant in multi-track 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:

• Extensively advising a company providing a cryptocurrency reward debit card in respect of their terms and conditions.
• Currently instructed in group action by 41 claimants against an insurer to obtain a declaration that the insurance policy responds to a judgment obtained by the Claimants in the sum of over £3m.
• Currently instructed in a claim led by Stephen Davies KC involving allegations of breach of fiduciary duties and deceit by members of a joint venture and professional negligence against the client’s former solicitors.
• Dale succeeded in resisting a summary judgment application brought by the Defendant firm of solicitors who were subject to a claim alleging unpaid insurance premiums.
• Dale represented a company at trial in the Birmingham Circuit Commercial Court and succeeded in establishing that there was a contract (which was denied) and that the dispute had not been settled (which was the Defendant’s alternative argument).
• Plummer v Friedlander [2023] EWHC 3241 (Ch)- Dale succeeded in obtaining a General Civil Restraint Order for the maximum permitted duration of three years. The decision provides clarification on matters which can be relevant for the court to consider in deciding whether to make a Civil Restraint Order.
• Following several hearings before Sweeting J and Freedman J, Dale succeeded in setting aside an unless order made for non-compliance with disclosure obligations under the terms of a 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.
• Halborg v Apple (UK) Ltd & O2 Holdings Ltd [2022]- The most authoritative judgment on the rights of solicitor’s agents. Referred to in the Bar Council Guidance and reported in Legal Futures, Legal Cheek, and Nearly Legal.
• Shahzad v Mazher (Queen’s Proctor Intervening) [2020] EWCA Civ 1740- Dale successfully argued before the Court of Appeal, as sole counsel, that where fraud only went to the court’s jurisdiction to grant the petition, and not the court’s jurisdiction to entertain it, the decrees should not be set aside.

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.

Dale regularly appears in the Insolvency and Companies Court and in County Courts representing clients in bankruptcy proceedings and post insolvency proceedings.

Recent cases include:

• Currently instructed in a number of complex claims by both company liquidators and former directors regarding alleged breaches of duty, misfeasance, impugned transactions and unlawful dividends.
• Official Receiver v Steve Sanders & AXA Insurance Plc [2024] EWHC 2571 (Ch)- Instructed by the Government Legal Department to represent the Official Receiver, Dale drafted the appeal and successfully represented the OR before Leech J at the appeal hearing in which the OR’s appeal was allowed and the First Respondent’s application for permission to appeal was refused. The appeal involved issues regarding a stay of bankruptcy and the effect of a stay on the automatic discharge period.
• Dale successfully represented the First Respondent in Taylor v Savik & Anor [2024] EWCC 7 in resisting an application by the Second Respondent’s Trustee in Bankruptcy for a declaration that a property legally and beneficially owned by the First Respondent was in fact beneficially owned by the Second Respondent (allegation of sham). At the outset of the trial in Taylor v Savik & Ryle [2024] EW Misc 18 (CC), Dale obtained a stay of the Applicant’s claims pursuant to sections 339 and 423 IA 1986. Following the trial, in Taylor v Savik & Anor (Re Consequential Matters) [2024] EWCC 10 Dale obtained an order for: (1) costs on the indemnity basis; (2) pre-judgment interest on costs; and (3) a significant payment on account of costs.
• Advised and represented a German bank in several Insolvency Act Applications brought by the bank to annul bankruptcy orders obtained by German nationals in England & Wales on the basis of ‘bankruptcy tourism’.
• Advising a former company director facing a claim alleging wrongful reuse of a company name.
• Re Shahi Tandoori Restaurant [2021]- EWHC 337 (Ch)- A three-day trial in the High Court 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.
• 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.

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.
• Currently representing a defendant in a possession claim involving issues of whether the mortgage is enforceable due to it breaching the provisions of FSMA 2000.
• Successfully represented a long-term savings and retirement business at trial in a possession claim involving a lifetime mortgage which was defended on the basis of limitation and a failure to be able to evidence the chain of assignments from the original lender.
• Successfully represented a bank in an appeal against the strike out of a possession claim against an estate on the basis that the claim form had not properly been signed by a legal representative.
• Nigel Marsay & Nigel’s Computer Repairs Limited v Barclays Bank UK Plc & others [2023] EWHC 2301 (Comm)- Dale succeeded in striking out claims brought by a commercial borrower against the bank. The judgment provides a review of the relevant principles and case law regarding the duties owed by banks and receivers in respect of allegations involving a sale at an undervalue and in respect of goods left at a repossessed property.
• 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 23 January 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.

Dale is also authorised to conduct litigation and is willing to accept instructions in suitable cases. Dale will only conduct litigation on behalf of a client if this is agreed in advance and subject to the terms of such agreement as contained within any client care letter.