This websites use cookies. By continuing to browse the site you are agreeing to our use of cookies. For more details about cookies and how to manage them, see our cookie policy.

Timothy Dutton QC

Call: 1985 | Silk: 2013

Overview

Tim is recognised as a leading property silk, and acts in both contentious and non-contentious matters.

A significant proportion of Tim’s cases are commercial chancery cases with a “property flavour”.  Examples from his reported cases include KPMG v. Network Rail (CA) (claim for “rectification by construction” and for rectification in equity – the case was an important pre-curser to the Supreme Court’s decision in Chartbrook v. Persimmon Homes); Meretz v. ACP (ChD/CA) (multi-faceted claim, including claims in conspiracy, and procuring breach of contract); FoodCo v. Henry Boot Developments (alleged mis-selling of shopping centre and effect of non-reliance clauses); Williams v. Redcard (execution requirements of sections 43 and 44 of the Companies Act 2006), and Re Blenheim Leisure Ltd (CA) (whether a landlord has locus standi to oppose an application to restore a company to the register).

 

But Tim also specialises in what may be regarded as pure property litigation.  Again, a sample of his reported cases gives an indication of the breadth of his practice:  Housden v. Conservators of Wimbledon and Putney Commons (ChD/CA) (whether it is possible to acquire prescriptive rights over Wimbledon and Putney Commons); Cravecrest v. Duke of Westminster (UT/CA) – whether the price payable on a collective enfranchisement can include development value (appeal to the Supreme Court later in 2014)); Legal & General v. Expeditors International (ChD/CA) (meaning of “vacant possession” in a break option, and whether break conditions had been waived); Renewal Leeds v. Lowry Properties (ChD(interpretation of overage clause); Centreland Management v. HSBC (ChD) (renewal of business tenancies – test to be applied when deciding whether a “Calderbank” offer has been beaten), and First Penthouse v. Channel Hotels and Properties (ChD/CA) (whether licence to assign withheld for collateral purpose).

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 2012 (as updated from time to time) referred to in the BSB Handbook.

“Very quick to pick things up, very clear in his advice and gets on well with clients. He's very effective, gives good opinions and is a very user-friendly person to deal with. ” (2021)

Chambers UK
Real Estate Litigation

“He is responsive and offers sound advice and a superb knowledge of property law. He is an excellent barrister who has a good rapport with clients. He is very polite and measured. ” (2020)

Chambers UK
Real Estate Litigation

Expertise

Overview

Tim's notable cases are highlighted below: 

Directory quotes

Chambers UK
Real Estate Litigation

“Very quick to pick things up, very clear in his advice and gets on well with clients. He's very effective, gives good opinions and is a very user-friendly person to deal with. ” (2021)

Chambers UK
Real Estate Litigation

“He is responsive and offers sound advice and a superb knowledge of property law. He is an excellent barrister who has a good rapport with clients. He is very polite and measured. ” (2020)

Chambers UK
Real Estate Litigation

“He gives expert advice, is well liked by clients and is a brilliant advocate. Very commercial and very persuasive.” (2019)

 

Chambers UK
Real Estate Litigation

“An excellent advocate who is very personable with clients. ” (2018)

Chambers UK
Real Estate Litigation

“Tim is an excellent barrister who has a good rapport with clients and a real feel for landlord and tenant disputes. He is particularly strong on rent review matters and his advice is always excellent. ” (2017)

Chambers UK
Real Estate Litigation

“An experienced specialist handling all aspects of property litigation. ” (2015)

Chambers UK
Real Estate Litigation

“He is excellent on paper, in conference and in court. ” (2015)

Chambers UK
Real Estate Litigation

“He is easy to work with and very good at explaining difficult legal points to the lay client. ” (2015)

Chambers UK
Real Estate Litigation

“Stands out to clients in the property disputes field as a result of his strengths as an advocate. ” (2014)

Chambers UK
Real Estate Litigation

“Tim provides well thought-out legal advice which is very sensitive to the client's needs and the underlying commercial realities. ” (2014)

Chambers UK
Real Estate Litigation

“A first-class knowledge of property law, is never shy of providing definite advice and is someone to whom clients react very well. ” (2013)

Chambers UK
Real Estate Litigation

“Gets great enjoyment from arguing cases and is much appreciated by judges. He is quick to grasp a problem and has a real knack of explaining it in court. ” (2012)

Chambers UK
Real Estate Litigation

“Inspires great confidence. ” (2011)

Chambers UK
Real Estate Litigation

“A thorough and incredibly knowledgeable junior, who has an impressive ability to analyse the most complicated and messy commercial real estate scenarios. ” (2010)

Legal 500 UK
Property Litigation

“Extremely responsive. ” (2012)

Legal 500 UK
Property Litigation

“Good technical knowledge. ” (2011)

Legal 500 UK
Property Litigation

“Enthusiastic and proactive. ” (2010)

Memberships

  • Chancery Bar Association
  • Property Bar Association

Qualifications

  • BA (Dunelm)

 clerks@maitlandchambers.com                                                                  

  +44 (0)20 7406 1200

Timothy Dutton QC

Call: 1985 | Silk: 2013

tdutton@maitlandchambers.com

“Very quick to pick things up, very clear in his advice and gets on well with clients. He's very effective, gives good opinions and is a very user-friendly person to deal with. ” (2021)

Chambers UK

Real Estate Litigation

Overview

Tim is recognised as a leading property silk, and acts in both contentious and non-contentious matters.

A significant proportion of Tim’s cases are commercial chancery cases with a “property flavour”.  Examples from his reported cases include KPMG v. Network Rail (CA) (claim for “rectification by construction” and for rectification in equity – the case was an important pre-curser to the Supreme Court’s decision in Chartbrook v. Persimmon Homes); Meretz v. ACP (ChD/CA) (multi-faceted claim, including claims in conspiracy, and procuring breach of contract); FoodCo v. Henry Boot Developments (alleged mis-selling of shopping centre and effect of non-reliance clauses); Williams v. Redcard (execution requirements of sections 43 and 44 of the Companies Act 2006), and Re Blenheim Leisure Ltd (CA) (whether a landlord has locus standi to oppose an application to restore a company to the register).

But Tim also specialises in what may be regarded as pure property litigation.  Again, a sample of his reported cases gives an indication of the breadth of his practice:  Housden v. Conservators of Wimbledon and Putney Commons (ChD/CA) (whether it is possible to acquire prescriptive rights over Wimbledon and Putney Commons); Cravecrest v. Duke of Westminster (UT/CA) – whether the price payable on a collective enfranchisement can include development value (appeal to the Supreme Court later in 2014)); Legal & General v. Expeditors International (ChD/CA) (meaning of “vacant possession” in a break option, and whether break conditions had been waived); Renewal Leeds v. Lowry Properties (ChD(interpretation of overage clause); Centreland Management v. HSBC (ChD) (renewal of business tenancies – test to be applied when deciding whether a “Calderbank” offer has been beaten), and First Penthouse v. Channel Hotels and Properties (ChD/CA) (whether licence to assign withheld for collateral purpose).

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 2012 (as updated from time to time) referred to in the BSB Handbook.

Memberships

  • Chancery Bar Association
  • Property Bar Association

Qualifications

  • BA (Dunelm)

Notable Cases

Tim's notable cases are highlighted below: