Dale Timson

Called in 2016

Areas of Practice
Property, Landlord & Tenant, Insolvency

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Practice Profile

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Practice profile

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 recently undertaken advisory and drafting work for some very high-profile clients. Dale understands the need for confidentiality and the importance of avoiding litigation in such cases due to the potential 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. Dale is qualified to accept instructions under the Public Access Scheme.

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

Commercial

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.

Landlord & Tenant

Residential

From forfeiture claims, service charge disputes, and section 21 possession proceedings, right through to lengthy and complex cases of unlawful eviction, fraud, harassment and disrepair, Dale is able to provide effective advocacy in court and direct but practical advice out of court.

Dale has experience of tenancy deposit disputes and has obtained successful outcomes for both landlords and tenants in these claims.

Dale has developed an extensive knowledge of the regulations governing Houses in Multiple Occupation. Dale accepts instructions from landlords in all aspects of these cases including criminal prosecutions and civil claims heard in the First Tier Tribunal.

Commercial

Dale is able to provide specialist, pragmatic, and commercially focused advice and representation in all areas of concern to the commercial landlord or tenant. Dale has particular experience in cases involving:1954 Act renewals; break clauses; sub-letting and assignments; forfeiture; and retrieval of unpaid rent.

Property

Dale acts for clients in all areas of property law including disputes involving easements, restrictive covenants, overage agreements, options, and trusts of land.

He has a particular interest in constructive and resulting trusts and claims pursuant to the Trusts of Land and Appointment of Trustees Act 1996.  

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

Property Damage

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 experienced in making arguments seeking to disapply the test in Coles v Hetherton.

As a consequence of these claims, Dale also has a good working knowledge of the law relating to uplifts for overheads (often known as ‘thickening claims’) and the recoverability of such.

Insolvency

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.

Notable Cases

T v N [2020] - Currently instructed on a claim proceeding in the High Court which involves issues of force majeure, frustration, and coronavirus.

Re Shahi Tandoori Restaurant [2020] - 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. Awaiting judgment.

T v H [2020] - A two-day multi track trial representing a tenant in a claim for unlawful forfeiture. The court allowed the claim, making damning findings against the Landlord, awarding the tenant considerable damages and costs.

Shahzad v Maher (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.

A v B [2019] - Dale represented 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] - A three-day trial where Dale successfully represented an accountant in a claim for unpaid fees against three defendants who defended and counterclaimed on the basis of misrepresentation, fraud, and breach of data protection legislation.

L v H [2018] - A claim in which Dale successfully represented a recruitment agency in a claim for unpaid fees.

Qualifications

BPTC, BPP Law School (Outstanding) (2016)

LLB, BPP Law School (First Class) (2015)

 Prizes

  • Highest Performing Professional Award (BPP) - Highest degree mark in his 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 (Middle Temple)
  • Pro Bono Scholarship (BPP)
  • Excellence Award (BPP)
  • LawWorks and Attorney General Student Awards 2015 - Won the Access to Justice Foundation’s Student Essay Competition, presented by the Attorney General in the House of Commons. His article was published in the New Law Journal.
  • LawWorks and Attorney General Student Awards 2014 - Runner up in the Best Contribution by an Individual Student Award.
  • Outstanding Contribution to Pro Bono Award 2013, 2014, and 2015 (BPP)
  • Winner of the Big Voice London ‘Just Rights’ Mooting Competition 2014. The final was held before Lord Hughes, in the UK Supreme Court.


direct access

Dale is qualified to accept instructions under the Direct Public Access to Barristers Scheme.

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Contact

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5 Pump Court

Temple, London

EC4Y 7AP

T 020 7353 2532 or 07976 368031

F 020 7353 5321

E clerks@5pumpcourt.com

Document Exchange

LDE 497 Chancery Lane

Hours

8.30 am until 7.00 pm

Urgent out-of-hours

07976 368031

Parking spaces are available for conferences on request in advance
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