Dale Timson

Barrister

Year of call 2016

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

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.

Dale is a member of the Attorney General's Junior Junior panel. He is committed to pro bono work, being a supervising lawyer at BPP’s Enterprise Clinic and also on the Advocate panel. He recently appeared in the Court of Appeal as sole counsel in the case of Shazhad v Mazher (Queen’s Proctor Intervening) [2020] EWCA Civ 1740.

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, overage agreements, options, and trusts of land, including constructive and resulting trusts, and claims pursuant to the Trusts of Land and Appointment of Trustees Act 1996.

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 in these cases regarding the test in Coles v Hetherton.

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.

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

T v N [2021]: Currently instructed on a claim proceeding in the High Court which involves issues of force majeure, frustration, and coronavirus.

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]: Representing a tenant in a 2 day multi track 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]: Representing a high street bank in a claim against them 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 to be paid.

A v B, C & D [2018]: Successfully representing an accountant in a 3 day trial in a claim for unpaid fees against three defendants who argued misrepresentation, fraud and breach of data protection legislation.

L v H [2018]: Successfully representing a recruitment agency in a claim for unpaid fees.