Profile

• DipL
• Called to the Bar 1984

Timothy Carlisle has a civil practice with a bias towards: 

• Insolvency and corporate business law
• Directors Disqualification
• Professional negligence
• Sale of goods

He also does high value personal injury and clinical negligence work. 

His background in competitive sport and business before he came to the Bar has given him a liking for tactical and strategic thinking and he is happy to take on cases containing masses of paperwork where careful planning about the best approach towards resolution is required. Recently he has been engaged in some asset recovery work, resisting claims made under the Proceeds of Crime Act in civil proceedings by the Asset Recovery Agency. He will take on suitable cases under CFA. 

Tim has been a CEDR accredited mediator since 2000 and has experience of handling large scale mediations as an advocate within a team. 

RECENT CASES INCLUDE:

Conflict of Laws - choice of law clauses: Council Regulation (EC) 44/2001: Investment Banking:

An investment banking case involving, at this stage: conflict of law in contract and tort, anti-suit injunctions; choice of law clauses - whether exclusive or non-exclusive; the contractual bargain effects of exclusive clauses as against non-exclusive clauses; foreign judgments, stay of proceedings; Art 2 Council Regulation (EC) 44/2001 on Jurisdiction and the Recognition and Enforcement of judgments in Civil and Commercial matters; Owusu v Jackson [2005] Aller (D) 47 (Mar) distinguished. One part of this case is proceeding to the appeal court in Guernsey.
Winnetka Trading Corp v (1) Julius Baer International Ltd, (2) Bank Julius Baer & Co Limited (Guernsey Branch) [2008] EWHC 3146 (Ch): [2009] Aller (D) 94 (Feb) - to be reported in the Business Law Reports series.

Director's Disqualification proceedings:

a case where Tim represented the only director out of several to succeed in resisting disqualification after a long complex trial lasting several weeks: Secretary of State for Trade & Industry v Dennis George Hollier & 5 ors [2007] Bus LR 352: [2007] BCC 11: [2006] EWHC 1804 (Ch).

Group Shareholders' claim:

 
for negligent valuation of shares: a case where Tim represented a group of shareholders claiming against one of the world's major firms of accountants for a negligent valuation of shares made shortly before a flotation. The case settled during the first day of trial. 

Warranty of Authority:

a case in which Tim represented an agent facing a claim for breach of his warranty of authority; where the litigation was spread over many areas and the downside risks were appreciable. The trial lasted some 6 weeks at first instance:  (1) AMB Generali Holdings Ag, (2) Manches (a firm), (3) Sprecher Grier Halberstamm (4) Portner & Jaskel (Appellants) v SEB Trygg Liv Holding Aktiebolag (Respondent): Portner & Jaskel (Part 20 Appellant) v (1) AMB Generali Holdings Ag, (2) Alec Merrifield (Part 20 Respondents) [2005] EWCA Civ 1237, [2006] 1 All ER 437, [2006] 2 All ER (Comm) 38, [2006] 1 WLR 2276, [2006] 1 Lloyd's Rep 318, [2005] NLJR 1781, (2005) Times, 1 December, [2005] All ER (D) 136 (Nov): (reversing in part) SEB Trygg Holding Aktiebolag (claimant) v (1) Manches (a firm), (2) Sprecher Grier Halberstamm, (3) Portner & Jaskel (Part 20 claimant), (4) AMB Generali Holdings Ag (& Part 20 Defendant) & (1) Buckhard Schulze Wierling, (2) Alec Merrifield (Part 20 Defendants). [2005] EWHC 35 (Comm), [2005] 2 Lloyd's Rep 129, [2005] All ER (D) 307 (Feb)

Partnership:

Tim represented one of several former partners who had managed an offshore Hedge Fund within a web of company holdings. The case concerned rights to information, breach of commercial confidentiality, malicious suit, loss of carried interest, management fees and other losses consequent upon inability to close funds. This case, worth three figure millions of Euros, settled following two days of mediation.

Commercial property/Waste Management licence:

a case where the landlord, for whom Tim acted, forfeited commercial property. The circumstances at trial involved the late production of fabricated documents as they were found to be upon lengthy cross-examination, the process of waste management, breach of covenants. The landlord won.

Personal Injury:

a high value brain injury case where the Defendant was arguing that the claimant bicyclist was contributory negligent by not wearing a crash helmet. The case settled shortly before trial. The question of bicycle helmets and contributory negligence remains one of undecided importance and waits for the right case.

Disclosure/Strike out/personal injury:

a case that in its second trial after a successful Court of Appeal hearing turned into a ten day strike out application (won) and another Court of Appeal hearing LTL 20/10/99 (won) and another trial: in all comprised three trials, two court of appeal hearings: Michael Coleman v Dunlop Ltd in the Court of Appeal 20/10/99

Further details, subject to questions and issues of confidentiality, may be available from the clerks.