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Timothy Harry

Call: 1983

Overview

Tim’s practice is in Chancery and commercial litigation, with an emphasis on commercial disputes, property litigation, professional negligence, partnership and insolvency.  He is instructed in cases both domestically and internationally.

Tim is called to the Bar in Hong Kong, and has a tenancy at Gilt Chambers, c/o Room 3403, Tower One, Lippo Centre, 89 Queensway, Admiralty, Hong Kong.  He is on the list of Counsel for instruction in civil cases on behalf of the Hong Kong Government. 

 

He is called to the Bar of the Eastern Caribbean, and has recently done work for Cayman, Swiss, and Isle of Man firms.  He is also admitted to practise in the courts of the Dubai International Finance Centre (DIFC), and has been called to the Bar of Samoa for the purpose of conducting an appeal before the Court of Appeal there (comprising New Zealand judges).

He sits as an arbitrator, and is an accredited mediator. He is on the Register of Arbitrators in the Chamber of Commerce, Nur-Sultan (formerly Astana), Kazakhstan. He is qualified to accept instructions on a Direct Access basis.

He is recommended in The Legal 500 and Chambers UK Directory.

His publications include being a contributing editor to Snell’s Equity; Hill & Redman; and Professional Negligence and Liability.

Terms of Business 

The Clerks are happy to discuss the basis on which Tim will act in any given matter. In the absence of express written agreement otherwise, the terms under which Tim accepts instructions are The Standard Contractual Terms for the Supply of Legal Services by Barristers to Authorised Persons 2020 (as updated from time to time) referred to in the BSB Handbook.

Other Interests

He has travelled and explored extensively (including Africa, South America, the South Pacific, all major cities in China, all countries in the Far East, including North Korea, and Nepal and Iran).

He is a Fellow of the Royal Geographical Association, a Fellow of the Royal Asiatic Society, a member of the Travellers' Club, of the Iran Society and of the Lord Denning Society.

He has taken part in charitable projects in Sierra Leone and in Rwanda and is a member of the Bar Council Special Interest Group on Sierra Leone.

He has spent time in Italy at a specialist international trade firm working on post-Brexit issues.

He has travelled with the Hong Kong Bar Association to teach International Arbitration at Peking University.

“He is phenomenally hard-working and doesn't leave any stone unturned.”

Chambers UK

“Excellent with clients and at providing clear legal advice.”

Legal 500

“A very deep knowledge of the law as well as a calm and measured approach. ”

Legal 500

Expertise

Overview

By way of example, he has completed two substantial commercial arbitrations, one ICC arbitration in Singapore under the laws of Thailand relating to a joint venture for the production of eucalyptus pulp; and the other an LCIA arbitration under the laws of New York relating to an IT royalties arrangement; he has acted for Hanson plc in relation to an interference by a pipeline with its aggregates dredging operation in the North Sea; he has acted on behalf of Danone for the purpose of obtaining a Norwich Pharmacal order to support economic tort proceedings in California (Danone Asia PTE Ltd v SB Chow & Co); he has successfully opposed the disqualification of an arbitrator for bias in an UNCITRAL arbitration (Jung Science Information Technology Co Ltd v ZTE Corpn);  he has successfully opposed an UNCITRAL award being set aside for procedural unfairness; he has acted for a hedge fund in a BVI case in relation to a hotel project joint venture on the mainland of China; he has acted in a case which deals with the principles relating to contempt of court in the context of a Mareva injunction (Gill v Darroch); and has appeared in the Court of Appeal of Samoa on the issue of whether the confidentiality provisions of the companies legislation can be overridden by Norwich Pharmacal principles.  He has frequently been instructed in cases involving commercial litigation interim remedies (MarevaChabraAnton Piller and Norwich Pharmacal applications).

Overview

His work includes general conveyancing disputes, issues in relation to commercial leases, rent reviews, break options, overage, easements, restrictive covenants, contaminated land, adverse possession and the Electronic Communications Code.

By way of example, he has been instructed in Lennox Lewis v Eliades (extent of beneficial interest, and the law of set-off); for Barclays Bank in Barclays Bank v Savile Estates (time of essence in rent review clause); in relation to one of the seminal cases on the Trusts of Land Act 1996 (The Mortgage Corporation v Shaire); on a standard form covenant in a Crown Lease in Hong Kong, where issues of waiver and estoppel arose (Expressluck Development Ltd v Secretary For Justice [2007] HK CFI 754); in relation to the interpretation of a building covenant (Jarvis Homes v Marshall, Court of Appeal); on the issue of whether a property transaction or a trust can be struck down as a sham (Westworld Ltd v Azulay and Nightingale Mayfair v Mehta); in Howard De Walden Estates v Malekshad (leasehold enfranchisement, House of Lords); in J Alston & Sons Ltd v BOCM Paul (adverse possession by licensee); and in Mitchell v Watkinson (whether an unincorporated association can adversely possess).

Overview

His expertise includes claims against solicitors, surveyors, auditors, project managers, and quantity surveyors.  He has been one of the contributing editors of Professional Negligence and Liability, and is contributing the chapters relating to solicitors', valuers' and accountants' negligence for the next edition of the publication 'Lender Claims'.

He has been in some of the leading authorities including Platform Home Loans v Oyston (valuers’ negligence, damages, House of Lords); Mortgage Express v Bowerman (extent of solicitor’s duty to a lending institution); Zwebner v The Mortgage Corporation (solicitor’s liability on an undertaking); Paratus Countrywide Surveyors (effect of securitisation on a professional negligence claim, margin of error and contributory negligence); and D B Bank v Edmunds & Co (extent to which solicitors can be held liable for breach of trust in a conveyancing transaction).

Overview

He has frequently being instructed in litigation related to shareholders’ disputes, derivative actions, joint ventures and the lawfulness of shareholder and board resolutions.

He has acted for HSBC in the Akai liquidation (Kong Wah Holdings Ltd v HSBC); in the long running Macro litigation (unfair prejudice, rights of pre-emption); Rosshill Properties (receivership); Lord v Sinai Securities (test for transaction at an undervalue); and Greenhaven Motors (the sanctioning of a compromise).

He has acted in an HKIAC arbitration relating to the triggering of "buy out" provisions for “material breach” of a shareholders’ agreement.

He has appeared in the only reported case on costs in a double derivative action in an offshore (St Vincent) trusts context. 

He has acted succesfully in an appeal in the Eastern Caribbean Court of Appeal dealing with the threshold requirements of a derivative action in the BVI (Basab Inc).

He has acted for the offshore shareholders in the long-running shareholders' dispute relating to one of Hong Kong's terrestrial TV channels, ATV

He has appeared in the Court of Appeal in Samoa on the issue of whether the confidentiality provisions of the local companies legislation can be overridden by Norwich Pharmacal principles.

Directory quotes

Chambers UK
Real Estate Litigation

“He is a delight to work with, and homes in on the real issues of a case.”

Chambers UK
Real Estate Litigation

“A lauded junior in the real estate litigation field”

Chambers UK
Real Estate Litigation

“Accessible, commercial and helpful. ”

 

Chambers UK
Real Estate Litigation

“Very able, extremely user-friendly, commercial and bright.”

Chambers UK
Real Estate Litigation

“Thorough, responsive and commercial" "formidable opponent. ”

Chambers UK
Real Estate

“Provides a swift and comprehensive service. ”

Chambers UK
Real Estate Litigation

“Very client-focused and a pleasure to deal with.”

Chambers UK
Real Estate Litigation

“Thorough advice and fine-quality written submissions.”

Legal 500
Property Litigation

“Excellent written advice”

Legal 500
Real Estate Litigation

“Proactive; goes the extra mile.”

Legal 500
Real Estate Litigation

“Delivers considered and well-researched advice”

Legal 500
Professional Negligence

“Flexible, commercial and very popular with clients. ”

Legal 500
Professional Negligence

“Thinks outside the box. ”

Qualifications

  • MA (Oxford) First Class
  • Bachelor of Civil Law, Oxford
  • Formerly Lecturer in Law, Hertford College, Oxford

Recent Publications

 clerks@maitlandchambers.com                                                                  

  +44 (0)20 7406 1200

Timothy Harry

Call: 1983

tharry@maitlandchambers.com

“He is phenomenally hard-working and doesn't leave any stone unturned.”

Chambers UK

Overview

Tim’s practice is in Chancery and commercial litigation, with an emphasis on commercial disputes, property litigation, professional negligence, partnership and insolvency.  He is instructed in cases both domestically and internationally.

Tim is called to the Bar in Hong Kong, and has a tenancy at Gilt Chambers, c/o Room 3403, Tower One, Lippo Centre, 89 Queensway, Admiralty, Hong Kong.  He is on the list of Counsel for instruction in civil cases on behalf of the Hong Kong Government. 

He is called to the Bar of the Eastern Caribbean, and has recently done work for Cayman, Swiss, and Isle of Man firms.  He is also admitted to practise in the courts of the Dubai International Finance Centre (DIFC), and has been called to the Bar of Samoa for the purpose of conducting an appeal before the Court of Appeal there (comprising New Zealand judges).

He sits as an arbitrator, and is an accredited mediator. He is on the Register of Arbitrators in the Chamber of Commerce, Nur-Sultan (formerly Astana), Kazakhstan. He is qualified to accept instructions on a Direct Access basis.

He is recommended in The Legal 500 and Chambers UK Directory.

His publications include being a contributing editor to Snell’s Equity; Hill & Redman; and Professional Negligence and Liability.

Terms of Business 

The Clerks are happy to discuss the basis on which Tim will act in any given matter. In the absence of express written agreement otherwise, the terms under which Tim accepts instructions are The Standard Contractual Terms for the Supply of Legal Services by Barristers to Authorised Persons 2020 (as updated from time to time) referred to in the BSB Handbook.

Other Interests

He has travelled and explored extensively (including Africa, South America, the South Pacific, all major cities in China, all countries in the Far East, including North Korea, and Nepal and Iran).

He is a Fellow of the Royal Geographical Association, a Fellow of the Royal Asiatic Society, a member of the Travellers' Club, of the Iran Society and of the Lord Denning Society.

He has taken part in charitable projects in Sierra Leone and in Rwanda and is a member of the Bar Council Special Interest Group on Sierra Leone.

He has spent time in Italy at a specialist international trade firm working on post-Brexit issues.

He has travelled with the Hong Kong Bar Association to teach International Arbitration at Peking University.

Qualifications

  • MA (Oxford) First Class
  • Bachelor of Civil Law, Oxford
  • Formerly Lecturer in Law, Hertford College, Oxford

Commercial Disputes

By way of example, he has completed two substantial commercial arbitrations, one ICC arbitration in Singapore under the laws of Thailand relating to a joint venture for the production of eucalyptus pulp; and the other an LCIA arbitration under the laws of New York relating to an IT royalties arrangement; he has acted for Hanson plc in relation to an interference by a pipeline with its aggregates dredging operation in the North Sea; he has acted on behalf of Danone for the purpose of obtaining a Norwich Pharmacal order to support economic tort proceedings in California (Danone Asia PTE Ltd v SB Chow & Co); he has successfully opposed the disqualification of an arbitrator for bias in an UNCITRAL arbitration (Jung Science Information Technology Co Ltd v ZTE Corpn);  he has successfully opposed an UNCITRAL award being set aside for procedural unfairness; he has acted for a hedge fund in a BVI case in relation to a hotel project joint venture on the mainland of China; he has acted in a case which deals with the principles relating to contempt of court in the context of a Mareva injunction (Gill v Darroch); and has appeared in the Court of Appeal of Samoa on the issue of whether the confidentiality provisions of the companies legislation can be overridden by Norwich Pharmacal principles.  He has frequently been instructed in cases involving commercial litigation interim remedies (MarevaChabraAnton Piller and Norwich Pharmacal applications).

Real Estate

His work includes general conveyancing disputes, issues in relation to commercial leases, rent reviews, break options, overage, easements, restrictive covenants, contaminated land, adverse possession and the Electronic Communications Code.

By way of example, he has been instructed in Lennox Lewis v Eliades (extent of beneficial interest, and the law of set-off); for Barclays Bank in Barclays Bank v Savile Estates (time of essence in rent review clause); in relation to one of the seminal cases on the Trusts of Land Act 1996 (The Mortgage Corporation v Shaire); on a standard form covenant in a Crown Lease in Hong Kong, where issues of waiver and estoppel arose (Expressluck Development Ltd v Secretary For Justice [2007] HK CFI 754); in relation to the interpretation of a building covenant (Jarvis Homes v Marshall, Court of Appeal); on the issue of whether a property transaction or a trust can be struck down as a sham (Westworld Ltd v Azulay and Nightingale Mayfair v Mehta); in Howard De Walden Estates v Malekshad (leasehold enfranchisement, House of Lords); in J Alston & Sons Ltd v BOCM Paul (adverse possession by licensee); and in Mitchell v Watkinson (whether an unincorporated association can adversely possess).

Professional Negligence

His expertise includes claims against solicitors, surveyors, auditors, project managers, and quantity surveyors.  He has been one of the contributing editors of Professional Negligence and Liability, and is contributing the chapters relating to solicitors', valuers' and accountants' negligence for the next edition of the publication 'Lender Claims'.

He has been in some of the leading authorities including Platform Home Loans v Oyston (valuers’ negligence, damages, House of Lords); Mortgage Express v Bowerman (extent of solicitor’s duty to a lending institution); Zwebner v The Mortgage Corporation (solicitor’s liability on an undertaking); Paratus Countrywide Surveyors (effect of securitisation on a professional negligence claim, margin of error and contributory negligence); and D B Bank v Edmunds & Co (extent to which solicitors can be held liable for breach of trust in a conveyancing transaction).

Company and Insolvency

He has frequently being instructed in litigation related to shareholders’ disputes, derivative actions, joint ventures and the lawfulness of shareholder and board resolutions.

He has acted for HSBC in the Akai liquidation (Kong Wah Holdings Ltd v HSBC); in the long running Macro litigation (unfair prejudice, rights of pre-emption); Rosshill Properties (receivership); Lord v Sinai Securities (test for transaction at an undervalue); and Greenhaven Motors (the sanctioning of a compromise).

He has acted in an HKIAC arbitration relating to the triggering of "buy out" provisions for “material breach” of a shareholders’ agreement.

He has appeared in the only reported case on costs in a double derivative action in an offshore (St Vincent) trusts context. 

He has acted succesfully in an appeal in the Eastern Caribbean Court of Appeal dealing with the threshold requirements of a derivative action in the BVI (Basab Inc).

He has acted for the offshore shareholders in the long-running shareholders' dispute relating to one of Hong Kong's terrestrial TV channels, ATV

He has appeared in the Court of Appeal in Samoa on the issue of whether the confidentiality provisions of the local companies legislation can be overridden by Norwich Pharmacal principles.