Dale Timson (2016)

Barrister

Year of call 2016

Areas of practice Business and commercial, Property and construction, Insurance, Public Access

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“Have never failed to be impressed by your work ”

Biography

Dale specialises in civil litigation providing advice and representation in commercial and property disputes. He is a well prepared and thorough advocate who is proactive at keeping in touch with those instructing him to discuss and communicate case strategy.

Dale is often praised for his attention to detail, commitment, and organised approach. He takes a calm and considered view to all cases, combining his legal knowledge with a commercial approach. He is not afraid to advise clients realistically about the prospects of success and financial implications of proceeding to trial. In court, he is a robust litigator and does not shy away from pursuing a difficult argument.

Dale has undertaken advisory and drafting work for high-profile clients, understanding the need for confidentiality and the importance of avoiding litigation due to the potential for reputational damage.

Dale has a background in recruitment, which involved working with numerous blue-chip companies, and as a result has a high level of commercial awareness. He is also a member of the Attorney General's Junior Junior panel.

Dale is committed to pro bono work, being a supervising lawyer at BPP’s Enterprise Clinic and also on the Advocate panel. He appeared in the Court of Appeal as sole counsel in the pro bono case of Shazhad v Mazher (Queen’s Proctor Intervening) [2020] EWCA Civ 1740. He has recently completed 45 hours of pro bono advice for Advocate as part of their 25 for 25 challenge.

25 for 25

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.

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, section 21 possession proceedings, and deposit disputes, right 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 has an extensive knowledge of the regulations governing HMOs. Dale accepts instructions in all aspects of these cases including criminal prosecutions and civil claims heard in the First Tier Tribunal.

Dale is regularly instructed by several top UK insurers to defend claims involving property damage. Dale has experience in these complex 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.

 

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 writes on areas of law linked to his main practice areas. He has recently written on Rent Repayment Orders for the Unaware Superior HMO Landlord.

Previously, he has written about small claims, and the tactics of preparing for small claims hearings in Bundling it on the Small Claims Track

To instruct Dale please contact Greg Piner

Education

  • LL.B.(Hons) BPP Law School (First Class)
  • BPTC, BPP Law School (Outstanding)

Prizes

  • Highest Performing Professional Award (BPP): Highest degree mark in the year
  • Certificate of Honour (Middle Temple): Outstanding on BPTC (97% Civil Litigation and Professional Ethics)
  • Sachs Prize (Middle Temple): Top 5% on BPTC
  • Jules Thorn Scholarship
  • Pro Bono Scholarship
  • Excellence Award (BPP)
  • LawWorks and the Attorney General Student Awards, winner of the Access to Justice Foundation's Student Essay Competition
  • Outstanding Contribution to Pro Bono Award 2013, 2014 and 2015
  • Winner of the Big Voice London 'Just Rights' Mooting Competition

Notable Cases

A v B [2022]: Dale is currently being led by James Aldridge QC in possession proceedings brought in respect of alleged arrears of over £23m.

B & B v C & C [2022]: A 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.

Hastings Borough Council v Linda Turner [2021] UKUT 258 (LC): Dale represented the Respondent in this appeal to the UT. The judgment 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.

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.

Shahzad v Mazher (Queen’s Proctor Intervening) [2020] EWCA Civ 1740: Dale represented the Applicant pro-bono in a case before the Court of Appeal involving issues as to fraud, divorce, and procedural irregularity. Dale successfully argued 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.

T v H [2020]: A two-day multi track trial 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.

A v B [2019]: Claim brought against a high street bank for failure to pay out on a contract of insurance. Dale persuaded the judge to strike out the claim at the outset of the trial and obtained an order for all of the bank’s costs.

A v B, C & D [2018]: Successfully represented an accountant in a three-day trial in a claim for unpaid fees against three defendants who argued misrepresentation, fraud, and breach of data protection legislation