“A silk with a brain the size of a planet, with charm and humour to match.”
Legal 500, 2024
“One of the finest advocates in the market.”
Chambers and Partners, 2023
“The most impressive advocate, and without doubt the finest barrister practising in public international law, state and diplomatic immunity.”
Legal 500, 2023
“Extremely intelligent and committed. Focused and effective analysis. Very calm and authoritative advocate. Very perceptive and adaptable to judicial insight and to developments during advocacy.”
Legal, 2023
“He is a fantastic advocate, gives robust and clear advice and is great with clients.”
Legal 500, 2022
“Tim is at the top of his game and is a leader in his field.”
Legal 500, 2022
“A real pleasure to work with, hard working, strong attention to detail and always willing to listen to others and adopt their ideas.”
Legal 500, 2021
“He is friendly, intelligent, and absolutely charming.”
Chambers and Partners, 2021
“A sensational and tremendous advocate.”
Legal 500, 2021
“Fearless in his advocacy, and possesses remarkable commitment and stamina.”
Chambers and Partners, 2020
“He's masterful in his strategic guidance: he really understands how the court will approach an argument.”
Chambers and Partners, 2020
“A good team leader, strong analytical skills and powerful advocacy.”
Legal 500, 2019
“Exceptional.”
Legal 500, 2019
“Brilliant, unflappable and hard-working.”
Chambers and Partners, 2019
“He has an outstanding intellect and presence.”
Chambers and Partners, 2018
“Astonishingly good.”
Chambers and Partners, 2018
“An exceptional advocate with an extraordinary command over the law and the courts.”
Legal 500, 2016
“His work in the senior courts is without comparison.”
Legal 500, 2016
“A first-class barrister – exceptionally bright and a very pleasant person.”
Legal 500, 2016
Tim Otty KC is widely recognised as a leading practitioner in public international law, state and diplomatic immunity, sanctions law, EU and Competition law, public law and civil liberties and human rights law and, having practised principally in commercial law as a junior barrister, has extensive experience of commercial disputes particularly with an international dimension.
In addition to his work at the Bar Tim is currently the United Kingdom’s representative on the Council of Europe’s European Commission for Democracy through Law, the Venice Commission and a Visiting Professor at King's College London and Notre Dame University in the United States.
He took silk in 2006 as the youngest in his year, and has, since then enjoyed wide experience as Leading Counsel at all levels of United Kingdom courts, other Commonwealth domestic courts, and a range of international courts and tribunals. He has been Counsel to major constitutional inquiries relating to judicial misconduct in both the Cayman Islands and Gibraltar. He has appeared in more than 50 cases before the European Court of Human Rights and acted in an advisory capacity to United Nations office holders. Among his most significant constitutional cases are successful challenges to the death penalty in Turkey, to the denial of habeas corpus rights for detainees at Guantanamo Bay, and to the criminalisation of consensual homosexual conduct in the Commonwealth. He has appeared in the leading cases at the European Court relating to discrimination (Carson and Others v UK) and the inter-relationship between humanitarian law and human rights law (Hassan v UK) as well as before the Inter American Commission of Human Rights in the leading case in that forum on LGBT rights (Henry and Edwards v Jamaica).
On the international plane he is leading the team acting for the Government of Ukraine in its inter-state case before the European Court of Human Rights against the Russian Federation and relating to Russia's 2022 invasion of Ukraine. In addition he is involved in a number of multi-billion dollar investment treaty arbitrations raising important issues of public international law, jurisdiction, illegality and unclean hands and denial of benefits under the Energy Charter Treaty, as well as in a series of constitutional cases before foreign courts. In the European Court of Human Rights he is also acting for the Getty Museum in a claim against the Government of Italy relating to the Getty Bronze, for the Government of Macedonia in a series of cases relating to Presidential pardons, for Save the Children in a climate change case against Portugal and 32 other States, and for World Athletics in Semenya v Switzerland. In 2019 and 2020 he appeared for Iceland before the Grand Chamber in a case relating to judicial independence and appointments as well as for Applicants in a number of cases against Turkey relating to the 2016 state of emergency there. In 2019 and 2021 he acted for amicus curiae in proceedings in the United States Court of Appeals in habeas corpus proceedings against both President Trump and President Biden relating to continued detentions at Guantanamo Bay. In 2022 and 2023 he has acted for the former Prime Minister of Kazakhstan in proceedings before the UN Working Group on Arbitrary Detention. In 2022 and 2023 he was also part of the Claimant's team of Counsel in the Supreme Court of Mauritius in a case ultimately striking down colonial era legislation targeting LGBT persons.
At the domestic level in 2023 he has been acting for both Apple and Mastercard in separate proceedings before the Competition Appeal Tribunal and the Court of Appeal and for the Foreign Secretary in relation to UK sanctions challenges relating to the Russia sanctions regime. In 2022 he acted for the former King of Spain in the Court of Appeal in what is now a leading case on state immunity. In 2022 he also appeared in the Commercial Court in a case concerning state immunity and relating to Qatar and allegations of state sponsorship of terrorism. Between 2019 and 2022 he acted for HRH Princess Haya of Jordan in the Family Division of the High Court, the Court of Appeal and the Supreme Court in proceedings against Sheikh Mohammed of Dubai. The resulting first instance and Court of Appeal decisions are now among the leading judgments on foreign act of state, Head of Government immunity at customary international law, and procedural fairness requirements in the Family Division. In 2019 and 2020 he also appeared in the Commercial Court and the Court of Appeal for the Libyan Government of National Accord in a dispute relating to the Libyan Investment Authority and the true identity of the Government of Libya, and for the Government of India in the long running litigation concerning the wealth of the Nizam of Hyderabad. In 2021 he was Leading Counsel for the successful "Guaido Board" in proceedings in the Supreme Court against the "Maduro Board" relating to the recognition of President Guaido of Venezuela, and the control over c. $2 billion of gold reserves at the Bank of England. Also in 2021 he appeared in the Supreme Court for an alleged victim of human trafficking seeking redress against her former employer, a Saudi diplomat and establishing that involvement by the diplomat in human trafficking fell outside the scope of diplomatic immunity in the Vienna Convention.
He has appeared in three of the most significant sanctions cases to be heard before UK Courts up to and including the Supreme Court (Bank Mellat v HM Treasury; Bredenkamp v Secretary of State for Foreign and Commonwealth Affairs and Youssef v Secretary of State for Foreign and Commonwealth Affairs) and is currently acting for the Government of Iran in a major sanctions dispute before the Commercial Court. He was also instrumental in the drafting of the United Kingdom's own Magnitsky legislation.
In the human rights / tort arena Tim has been Lead Counsel for Claimants in major multi-party proceedings involving allegations of grave human rights abuses in Tanzania and Mozambique and he has previously acted for and against a range of multinationals involved in the mining industry in similar claims. In 2019 and 2021 he appeared for the International Commission of Jurists as an intervener in the leading Supreme Court cases relating to jurisdiction over multinational companies in relation to subsidiary liability for human rights and environmental claims (Vedanta and Okpabi).
Tim has been cited in the independent legal directories as a leader in Public International Law, Civil Liberties & Human Rights law, Public and Administrative law and Sanctions law for a number of years and is one of only a handful of UK silks at the Bar ranked in Chambers Global in Public International Law. Tim was named Barrister of the Year at The Lawyer Awards, 2023 for “…his work on cases for a selection of royals, presidents, prime ministers, the Ukrainian government and the Human Dignity Trust.” .
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In recent years Tim’s public international law work has had a particular focus on economic sanctions and all aspects of state immunity. As a result of his commercial law experience he is also able to act in ICSID, NAFTA and ad hoc investor-State disputes. He is currently acting as Counsel in a number of multi-billion dollar State arbitration claims relating to the energy and mining sectors and has until recently been sitting as an arbitrator in a multimillion dollar dispute relating to a hydroelectric power plant. He also has particular and long established expertise in state and diplomatic immunity human rights, humanitarian law and constitutional law.
Between 2013 and 2020 Tim has acted in sanctions disputes relating to Egypt, Iran, Russia, Syria, and Zimbabwe (as well as the Al Qaeda sanctions regimes) before both the domestic and European Courts, and in the same period he has appeared in cases raising issues of state and diplomatic immunity concerning Bahrain, India, Kuwait, Libya, Lithuania, Pakistan, Saudi Arabia, Sudan, Syria and Turkey.
Tim has also acted as an adviser to a number of overseas territories and state entities in the Caribbean and the Middle East as well as to United Nations office holders. In 2013 and 2014 he was involved in major constitutional challenges in Belize and Singapore and in 2008 and 2009 he was Counsel to the Tribunal in Constitutional Tribunals of Inquiry held in both Gibraltar and the Cayman Islands. He then appeared successfully in appeals in relation to both inquiries before the Privy Council.
Since 1996 Tim has appeared in more than 40 cases before the European Court of Human Rights and three cases before the US Supreme Court. He has particular experience of cases concerned with internal conflict and claims to secession having acted in cases concerned with the Kurdish conflict in South East Turkey, the Chechen conflict in the Russian Federation, and the Russian incursion into South Ossetia.
Tim is an acknowledged expert in the law of armed conflict and between 2006 and 2014 taught at the London School of Economics on the highly acclaimed post-graduate course “Law, War and Human Rights”. He has also provided judicial training in international law for the International Bar Association and the Foreign and Commonwealth Office in Croatia, Hungary, the Palestine territories, Turkey and Serbia and has taught at the Georgetown University human rights law summer school. Tim was a visiting fellow at Oxford University in the year 2009/2010 and has taught on the BCL course there. He is currently a Visiting Professor at Kings’ College London.
Between 2014 and 2016 Tim acted as an international trial observer in proceedings in Serbia and Georgia. Previous trial observation / human rights fact – finding work has embraced Northern Ireland, Greece and Turkey.
Tim is ranked in all leading directories as a leading practitioner in Public International Law.
“Tim is undoubtedly one of the leading barristers for complex public international cases. He is the complete package – super bright, with a calm, measured style of advocacy, uncommonly client friendly, and a superlative team player.”
Legal 500, 2024
“An excellent advocate with great attention to detail and strategic focus.”
Chambers and Partners, 2023
“When he speaks judges listen with intense interest. They trust him to put forward rigorous arguments.”
Chambers and Partners, 2023
“It's a huge pleasure to work with him; he's a brilliant advocate with an enormous wealth of knowledge.”
Chambers and Partners, 2023
“One of the finest advocates in the market.”
Chambers and Partners, 2023
“A brilliant barrister. His expertise in the field of human rights, coupled with his impeccable sense of how to strategise cases and handle very complex and high-level matters, is highly regarded.”
Chambers and Partners, 2023
“The most impressive advocate, and without doubt the finest barrister practising in public international law, state and diplomatic immunity.”
Legal 500, 2023
“Extremely intelligent and committed. Focused and effective analysis. Very calm and authoritative advocate. Very perceptive and adaptable to judicial insight and to developments during advocacy.”
Legal, 2023
“He is pragmatic, solutions-oriented and reassuring with clients.”
Chambers and Partners, 2022
“A preeminent public international lawyer with the breadth of knowledge and depth of experience to stand out from others in the field. A tremendously persuasive advocate.”
Legal 500, 2022
“Really wonderful and has excellent judgement.”
Chambers and Partners, 2021
“He is a very good team player and the courts really listen to him.”
Chambers and Partners, 2021
“A real pleasure to work with, hard working, strong attention to detail and always willing to listen to others and adopt their ideas.”
Legal 500, 2021
“Excellent on public international law issues, has a lot of gravitas, and is inventive and good on strategic points.”
Chambers and Partners, 2020
“Fearless in his advocacy, and possesses remarkable commitment and stamina.”
Chambers and Partners, 2020
“A good team leader, strong analytical skills and powerful advocacy.”
Legal 500, 2019
“Brilliant, unflappable and hard-working.”
Chambers and Partners, 2019
“Has a very compelling and understated advocacy manner.”
Chambers and Partners, 2019
“He has an outstanding intellect and presence.”
Chambers and Partners, 2018
“A top chap, hugely well regarded by the courts both in the UK and abroad.”
Legal 500, 2018
“He has a sharper insight and better perspective than most, and has been involved in some of the most high-profile matters on the international human rights side.”
Chambers and Partners, 2017
“An enormously clever and compelling advocate with the full range of skills.”
Legal 500, 2017
“A first-class barrister – exceptionally bright and a very pleasant person.”
Legal 500, 2016
“A very impressive and calm advocate.”
Legal 500, 2015
Acted for the successful petitioners in this precedent setting case that saw the Inter-American Commission on Human Rights find the Jamaican government responsible for violating multiple rights of a gay man and a lesbian and urge an immediate repeal of the country’s homophobic laws.
Acting for foreign Government investment authority in multi-million dollar bilateral investment treaty arbitration dispute.
Acting for India in High Court proceedings relating to ownership of monies in National Westminster Bank Account since partition era.
Acting for foreign Government in multi-billion dollar Energy Charter Treaty arbitration dispute.
Court of Appeal ruling relating to Libyan Investment Authority, control of sovereign wealth of Libya and identity of Government of Libya. Tim appeared for Dr Mahmoud the successful Respondent and Chair of the Libyan Investment Authority.
International law; diplomatic assurances; state immunity; Article 3 and Article 5; human rights, rendition and torture
Fact-finding judgment raising issues of human rights and international law
Article 8 and Article 10 Publication Judgment; international law and human rights
High-profile Supreme Court appeal which raised important issues regarding jurisdiction and the potential liability of parent companies in respect of damage caused by their subsidiaries. The appeal concerned claims brought by 1,826 Zambian citizens who allege that they have suffered damage as a result of toxic discharges from one of the world’s largest copper mines. The mine is owned and operated by the second defendant, Konkola Copper Mines plc (“KCM”), a Zambian company. The first defendant is KCM’s ultimate parent company, Vedanta Resources plc (“Vedanta”), which is domiciled in England. The claimants allege that both Vedanta and KCM are liable under Zambian law for negligence and breach of statutory duty, Vedanta’s alleged negligence being based on an alleged failure to exercise reasonable care in monitoring and controlling KCM.
Click here for more information and the full judgment.
By judgment given on 14 February 2019 Mr Justice Andrew Baker held that the Government of Libya was represented by the Government of National Accord and the Presidency Council and that had been the case since at least April 2017, as contended by the Applicant Dr Ali Mahmoud Hassan Mohamed (“Dr Mahmoud”). The Court held that this conclusion followed from the application of the “one voice” principle articulated by Lord Atkin in The Arantzazu Mendi [1939] AC 256. The ruling was given in the context of an ongoing dispute as to the Chairmanship of the Libyan Investment Authority between, inter alia, Dr Mahmoud and Mr Abdulmagid Breish, and previously considered by Mr Justice Blair in Bouhadi v Breish [2016] EWHC 602 (Comm). Tim appeared for Dr Mahmoud
State Immunity Act 1978; Enforcement of US50 million United States judgment in relation to destruction of aircraft; submission to the jurisdiction.
Employment proceedings and disapplication of State Immunity Act 1978 pursuant to Charter of Fundamental Rights of European Union. State Immunity Act declared to be incompatible with the European Convention on Human Rights and disapplied pursuant to EU Charter of Fundamental Rights.
Employment proceedings and meaning and effect of “commercial activity” exception as applied to employment relationships alleged to amount to human trafficking.
Acting for India and the President of India in relation to proceedings brought by Pakistan in connection with the funds the subject of Rahimtoola v Nizam of Hyderabad. Issues of waiver of immunity and irrevocable submission to the jurisdiction [1958] AC 379.
Judicial review of HMT decision to impose sanctions on Bank Mellat and damages claim for US$4 billion in relation to breaches of Article 1 of First Protocol to European Convention on Human Rights.
Application to European Court of Human Rights concerning alleged failure to investigate unlawful detention and killing in Iraq. This case is now the leading case on the extra-territorial jurisdiction of the European Convention and on the inter-relationship between the European Convention and the Geneva Conventions.
European Court proceedings concerning PKK leader Abdullah Ocalan. Complaints of inhuman and degrading treatment contrary to Article 3 of European Convention upheld in respect of both conditions of detention and mandatory life imprisonment without parole.
The Court of Appeal held that the Special Immigration Appeals Commission had erred in upholding a decision to deport an Ethiopian national to Ethiopia on the basis that certain issues concerning his rights under the European Convention on Human Rights 1950 art.3 had been left for determination by the Secretary of State at a later date. It had been entitled to take account of any undertaking or assurance given by the Secretary of State, but had erred in allowing such an undertaking to cut down the legal protection to which the claimant was entitled.
Acting for the Defendant Princes in litigation over the State Immunity Act 1978 s.20(1) and the Diplomatic Privileges Act 1964 Sch.1 art.31.1(c). Companies Act ‘unfair prejudice’ litigation and the meaning of ‘royal household’ and ‘commercial activity’ under the 1978 and 1964 Acts.
Judicial Review of lawfulness of United Kingdom conduct before United Nations Security Council – provision of consent to listing of individuals under Al Qaeda / Taliban asset freezing measures.
Lawfulness of deportation. Whether evidence obtained as a result of Security Service attendance at secret detention facilities overseas admissible. Whether arbitrary detention at such facilities breaches jus cogens norm of international law.
Constitutional challenge to criminalisation of homosexuality. Counsel for Commonwealth Lawyers Association, Human Dignity Trust and International Commission of Jurists.
Tim has appeared before domestic and international courts in some of the most high profile civil liberties and human rights cases of recent times.
Between 2004 and 2008 he acted for amicus curiae in three cases relating to the Guantanamo Bay detentions before the United States Supreme Court. In 2019 he appeared as amicus curiae in the US Court of Appeals in further proceedings against Donald J Trump.
Between 2005 and 2009 he appeared before the House of Lords in a series of cases relating to admissibility of evidence obtained by torture and the impact of Article 6 of the European Convention on anti-terrorist legislation.
Since 1996 he has appeared in over forty cases before the European Court of Human Rights and in 2009 and 2010 he appeared before the Privy Council in two cases relating to judicial misconduct in Gibraltar and in the Cayman Islands. Tim's Strasbourg cases include the leading Grand Chamber decisions on the death penalty (Ocalan v Turkey), discrimination (Carson v UK) and he inter-relationship between humanitarian law and human rights law (Hassan v UK). He is currently instructed for the Getty Museum in proceedings against Italy relating to the Getty Bronze and for the Government of Iceland in proceedings relating to the organisation of the Icelandic Court of Appeal.
In 2008 and 2010 he appeared for the Government of the Russian Federation in major extradition proceedings relating to financial fraud.
Between 2008 and the settlement of the claims in 2010 he acted as Leading Counsel in damages claims brought by former Guantanamo detainees against the United Kingdom’s Security Services for complicity in torture. Between 2010 and 2015 he acted in further proceedings seeking to secure the release of the remaining former UK resident detainee, Shaker Aamer until his release in 2015.
In 2012 Tim appeared in the first case concerning the replacement for control orders, TPIMs. In 2013 he acted in a series of cases in the European Court of Human Rights and between 2013 and 2016 he acted as an international trial observer in proceedings in Serbia and Georgia.
Between 2014 and 2017 he acted for domestic employees of foreign embassies based in the United Kingdom in successful challenges to the State Immunity Act based on the European Convention on Human Rights and the EU Charter of Fundamental Rights and Freedoms. Over the same period he has been involved in further challenges to diplomatic immunity in the context of human trafficking. The Supreme Court handed down judgment in both sets of proceedings in October 2017. Tim is now instructed in further follow-on proceedings pending before the Supreme Court.
In 2013 and 2014 he acted in constitutional challenges to the criminalisation of consensual homosexual conduct in the High Court of Belize and the High Court of Singapore. He is involved in providing advisory work and support in a range of other Commonwealth jurisdictions on similar issues.
“A silk with a brain the size of a planet, with charm and humour to match.”
Legal 500, 2024
“One of the finest advocates in the market.”
Chambers and Partners, 2023
“A brilliant barrister. His expertise in the field of human rights, coupled with his impeccable sense of how to strategise cases and handle very complex and high-level matters, is highly regarded.”
Chambers and Partners, 2023
“He is a fantastic advocate, gives robust and clear advice and is great with clients.”
Legal 500, 2022
“Tim is at the top of his game and is a leader in his field.”
Legal 500, 2022
“He has an impressively polite but firm cross-examination style.”
Chambers and Partners, 2021
“He is friendly, intelligent, and absolutely charming.”
Chambers and Partners, 2021
“A sensational and tremendous advocate.”
Legal 500, 2021
“He's masterful in his strategic guidance: he really understands how the court will approach an argument.”
Chambers and Partners, 2020
“He is extremely experienced, knowledgeable and clear in his advice.”
Chambers and Partners, 2020
“A first-class silk with a deep commitment to human rights work, providing valuable strategic advice throughout.”
Legal 500, 2019
“He is an absolute gentlemen of the Bar and enormously respected. He has perfected the idea of killing by kindness.”
Chambers and Partners, 2019
“He is very rigorous, precise and detailed. He has a very pleasant manner in court and is not afraid to take on difficult arguments.”
Chambers and Partners, 2019
“Measured, incisive, well regarded by courts here and abroad.”
Legal 500, 2018
“Astonishingly good.”
Chambers and Partners, 2018
“An extraordinarily experienced QC whose impressive skill shows through in his in-depth analysis. He's a genuinely warm and wonderful barrister.”
Chambers and Partners, 2017
“He is astonishingly bright.”
Legal 500, 2017
“His work in the senior courts is without comparison.”
Legal 500, 2016
“A brilliant advocate.”
Legal 500, 2015
Acted for the successful petitioners in this precedent setting case that saw the Inter-American Commission on Human Rights find the Jamaican government responsible for violating multiple rights of a gay man and a lesbian and urge an immediate repeal of the country’s homophobic laws.
Acting for wife on human rights issues relating to family dispute.
Acting for numerous individual claimants in multi-party international tort / human rights claim.
International law; diplomatic assurances; state immunity; Article 3 and Article 5; human rights, rendition and torture
Fact-finding judgment raising issues of human rights and international law
Article 8 and Article 10 Publication Judgment; international law and human rights
High-profile Supreme Court appeal which raised important issues regarding jurisdiction and the potential liability of parent companies in respect of damage caused by their subsidiaries. The appeal concerned claims brought by 1,826 Zambian citizens who allege that they have suffered damage as a result of toxic discharges from one of the world’s largest copper mines. The mine is owned and operated by the second defendant, Konkola Copper Mines plc (“KCM”), a Zambian company. The first defendant is KCM’s ultimate parent company, Vedanta Resources plc (“Vedanta”), which is domiciled in England. The claimants allege that both Vedanta and KCM are liable under Zambian law for negligence and breach of statutory duty, Vedanta’s alleged negligence being based on an alleged failure to exercise reasonable care in monitoring and controlling KCM.
Click here for more information and the full judgment.
State Immunity Act 1978; Enforcement of US50 million United States judgment in relation to destruction of aircraft; submission to the jurisdiction.
Employment proceedings and disapplication of State Immunity Act 1978 pursuant to Charter of Fundamental Rights of European Union. State Immunity Act declared to be incompatible with the European Convention on Human Rights and disapplied pursuant to EU Charter of Fundamental Rights.
Employment proceedings and meaning and effect of “commercial activity” exception as applied to employment relationships alleged to amount to human trafficking.
Application to European Court of Human Rights concerning alleged failure to investigate unlawful detention and killing in Iraq. This case is now the leading case on the extra-territorial jurisdiction of the European Convention and on the inter-relationship between the European Convention and the Geneva Conventions.
Compatibility of Secretary of State’s NCND policy with Article 6 of European Convention on Human Rights. Obligations of full and frank disclosure in the public law context. Inadequacy of reasons contained in closed judgment to sustain dismissal of allegations of rendition and torture.
European Court proceedings concerning PKK leader Abdullah Ocalan. Complaints of inhuman and degrading treatment contrary to Article 3 of European Convention upheld in respect of both conditions of detention and mandatory life imprisonment without parole.
The Court of Appeal held that the Special Immigration Appeals Commission had erred in upholding a decision to deport an Ethiopian national to Ethiopia on the basis that certain issues concerning his rights under the European Convention on Human Rights 1950 art.3 had been left for determination by the Secretary of State at a later date. It had been entitled to take account of any undertaking or assurance given by the Secretary of State, but had erred in allowing such an undertaking to cut down the legal protection to which the claimant was entitled.
Lawfulness of deportation. Whether evidence obtained as a result of Security Service attendance at secret detention facilities overseas admissible. Whether arbitrary detention at such facilities breaches jus cogens norm of international law.
Lawfulness of notification requirements imposed in relation to terrorist offenders following release from prison and conclusion of parole period.
Judicial review of detainee transfers in Afghanistan and legality of information sharing with Afghan authorities.
Since 2010 Tim has been involved in a series of challenges to economic sanctions at both the domestic and European level. He has acted in cases arising out of each of the Al Qaeda, Egypt, Iran, Russia, Syria and Zimbabwe regimes and appeared for the Claimant in the first decisions to recognise the jurisdiction of the English Courts to review the UK's conduct in proposing individuals for sanctions at the European level and United Nations level. He has also acted in an advisory capacity in relation to commercial transactions potentially impacted by sanctions regimes. He is currently instructed by private individuals and financial institutions in a series of separate judicial reviews relating to UN, UK or EU asset freezing regimes as well as in proceedings before the Court of Justice in Luxembourg. He is also providing advice as to the impact of the Sanctions and Money Laundering Act 2018 and United States sanctions regimes.
Much of Tim’s work in this area remains confidential but his most prominent cases include, Youssef v Secretary of State for Foreign and Commonwealth Affairs (Divisional Court & Court of Appeal) (2012 & 2013) (Supreme Court 2016), Bank Mellat v Her Majesty’s Treasury (Court of Appeal, Administrative Court, and Commercial Court (2014-2018), and John Bredenkamp v Secretary of State for Foreign and Commonwealth Affairs (2012-2015) (Administrative Court) which are all detailed below.
“Tim displayed a particularly impressive shrewdness.”
Chambers and Partners, 2023
“He's top-notch.”
Chambers and Partners, 2023
“He has a very compelling and understated advocacy manner. Judges trust him.”
Chambers and Partners, 2023
“He is considered to be one of the icons in sanctions work.”
Chambers and Partners, 2022
“He is superb – a well-known name, and his knowledge of administrative law is incomparable for sanctions cases.”
Chambers and Partners, 2021
“He is a pleasure to work with as he is responsive, clear, pragmatic, commercial and reliable.”
Chambers and Partners, 2020
“He is a very experienced and very diligent lawyer.”
Chambers and Partners, 2019
“Approachable, friendly, commercial and an expert in sanctions work.”
Chambers and Partners, 2018
“He is a very careful advocate and makes extremely well thought-through submissions. He is always well prepared for cases.”
Chambers and Partners, 2017
“He is outstanding.”
Chambers and Partners, 2017
Judicial Review of lawfulness of United Kingdom conduct before United Nations Security Council – provision of consent to listing of individuals under Al Qaeda / Taliban asset freezing measures.
Judicial review of HMT decision to impose sanctions on Bank Mellat and damages claim for US$4 billion in relation to breaches of Article 1 of First Protocol to European Convention on Human Rights.
Judicial review of lawfulness of United Kingdom’s conduct in proposing Iranian bankers for European Union asset freezing measures.
Judicial review of United Kingdom’s conduct in nominating Claimant for asset freezing listing by European Union.
Tim has substantial experience of major commercial litigation before both the Commercial Court and domestic and international arbitral tribunals. In recent times his commercial work has involved a particular focus on cases involving issues of private international law and public international law and he is currently sitting as an arbitrator in a number of substantial international arbitrations. He has been involved in a series of cases involving allegations of large scale fraud both in this jurisdiction and internationally and spanning the insurance and reinsurance industry, commodities transactions and oil supply contracts. He has acted for major accountancy firms in claims relating to allegedly negligent share valuations and has a particular expertise in private international law and all aspects of media related commercial litigation including ownership disputes over valuable paintings and manuscripts, contractual distributorship and licensing disputes, and the pursuit of injunctive relief relating to Article 8 privacy rights. His experience of international human rights law has also led to his involvement in asset freezing cases relating to UN Security Council resolutions and European Union Regulations.
Tim has acted for a number of multi-national companies facing trans-national tort and proprietary claims raising important jurisdictional questions and the foreign act of state principle and issues of proper law. Tim has also acted for Claimant groups in a number of similar claims. These claims also involve consideration of the significance for private law claims of the UN Guiding Principles on business and human rights - the Ruggie Principles.
Court of Appeal ruling relating to Libyan Investment Authority, control of sovereign wealth of Libya and identity of Government of Libya. Tim appeared for Dr Mahmoud the successful Respondent and Chair of the Libyan Investment Authority.
High-profile Supreme Court appeal which raised important issues regarding jurisdiction and the potential liability of parent companies in respect of damage caused by their subsidiaries. The appeal concerned claims brought by 1,826 Zambian citizens who allege that they have suffered damage as a result of toxic discharges from one of the world’s largest copper mines. The mine is owned and operated by the second defendant, Konkola Copper Mines plc (“KCM”), a Zambian company. The first defendant is KCM’s ultimate parent company, Vedanta Resources plc (“Vedanta”), which is domiciled in England. The claimants allege that both Vedanta and KCM are liable under Zambian law for negligence and breach of statutory duty, Vedanta’s alleged negligence being based on an alleged failure to exercise reasonable care in monitoring and controlling KCM.
Click here for more information and the full judgment.
By judgment given on 14 February 2019 Mr Justice Andrew Baker held that the Government of Libya was represented by the Government of National Accord and the Presidency Council and that had been the case since at least April 2017, as contended by the Applicant Dr Ali Mahmoud Hassan Mohamed (“Dr Mahmoud”). The Court held that this conclusion followed from the application of the “one voice” principle articulated by Lord Atkin in The Arantzazu Mendi [1939] AC 256. The ruling was given in the context of an ongoing dispute as to the Chairmanship of the Libyan Investment Authority between, inter alia, Dr Mahmoud and Mr Abdulmagid Breish, and previously considered by Mr Justice Blair in Bouhadi v Breish [2016] EWHC 602 (Comm). Tim appeared for Dr Mahmoud
State Immunity Act 1978; Enforcement of US50 million United States judgment in relation to destruction of aircraft; submission to the jurisdiction.
Acting for India and the President of India in relation to proceedings brought by Pakistan in connection with the funds the subject of Rahimtoola v Nizam of Hyderabad. Issues of waiver of immunity and irrevocable submission to the jurisdiction [1958] AC 379.
Employment proceedings and disapplication of State Immunity Act 1978 pursuant to Charter of Fundamental Rights of European Union. State Immunity Act declared to be incompatible with the European Convention on Human Rights and disapplied pursuant to EU Charter of Fundamental Rights.
Employment proceedings and meaning and effect of “commercial activity” exception as applied to employment relationships alleged to amount to human trafficking.
Judicial review of HMT decision to impose sanctions on Bank Mellat and damages claim for US$4 billion in relation to breaches of Article 1 of First Protocol to European Convention on Human Rights.
Acting for Defendant in trans-national tort claim arising out of alleged policing misconduct in Sierra Leone.
Acting for Defendant in trans-national tort claim arising out of alleged policing misconduct in Peru.
Acting for the Defendant Princes in litigation over the State Immunity Act 1978 s.20(1) and the Diplomatic Privileges Act 1964 Sch.1 art.31.1(c). Companies Act ‘unfair prejudice’ litigation and the meaning of ‘royal household’ and ‘commercial activity’ under the 1978 and 1964 Acts.
Judicial review of lawfulness of United Kingdom’s conduct in proposing Iranian bankers for European Union asset freezing measures.
Market abuse proceedings relating to alleged “layering” practices in relation to Contracts for Difference & pursuant to s. 118 Financial Services and Markets Act 2000.
Judicial review of United Kingdom’s conduct in nominating Claimant for asset freezing listing by European Union.
Tim has extensive experience of regulatory disputes across a wide range of professional disciplines. He was Leading Counsel to the Levers Inquiry in the Cayman Islands and Leading Counsel to the Schofield Inquiry in Gibraltar, and appeared in both cases before the Privy Council. Both decisions are now among the leading authorities on questions of judicial misconduct and apparent bias. He has acted for the Financial Conduct Authority in the Upper Tribunal, and the Court of Appeal, as well as in an advisory capacity in a range of matters raising public law and human rights issues. He has acted in an advisory capacity for HM Inspectorate of the Constabulary, and for a number of United Nations agencies and office holders. He is an accredited RICS Expert and in 2016 acted as Chair in a dispute concerning RICS Governing Council conduct and membership. He has appeared as Counsel for the Nursing and Midwifery Council before the Court of Appeal. He has also acted as both arbitrator and Counsel in sports related matters.
Cases include:
Re Chief Justice of Gibraltar [2009] UKPC 43
Re Levers (Judge of Grand Court of the Cayman Islands) [2010] UKPC 24
Adesina v Nursing and Midwifery Council [2013] 1 WLR 3156
7722656 Canada Inc (formerly Swift Trade Inc) v Financial Services Authority [2014] Lloyds Rep FC 207
“Exceptional.”
Legal 500, 2019
“He is hugely well regarded by courts here and abroad and is very incisive.”
Legal 500, 2018
“An incredible advocate with compendious knowledge of the law.”
Legal 500, 2017
“An exceptional advocate with an extraordinary command over the law and the courts.”
Legal 500, 2016
“Good judgement, tactically aware and a very good bedside manner.”
Legal 500, 2015
“A brilliant advocate.”
Legal 500, 2015
Market abuse proceedings relating to alleged “layering” practices in relation to Contracts for Difference & pursuant to s. 118 Financial Services and Markets Act 2000.
Court of Appeal ruling relating to Libyan Investment Authority, control of sovereign wealth of Libya and identity of Government of Libya. Tim appeared for Dr Mahmoud the successful Respondent and Chair of the Libyan Investment Authority.
Judicial review of detainee transfers in Afghanistan and legality of information sharing with Afghan authorities.
Tim has over 25 years’ experience of rule of law work dating back to his time at the European Commission of Human Rights. Between 2010 and 2015 he served on the Human Rights Advisory Council of the then Foreign Secretary, the Rt Hon William Hague. In 2017 he was appointed a Professor at Kings College London and in 2018 he was appointed to the Steering Board of the United Kingdom’s National Contact Point relating to the OECD’s Business and Good Governance Guidelines. He has acted as an advisor to United Nations office holders and has acted as Counsel or advisor to a range of sovereign States. He has acted as Counsel to Inquiries relating to judicial misconduct in two separate overseas territories. He has also conducted judicial training programmes for the International Bar Association, the Council of Europe and others in a number of different jurisdictions. His experience as an advocate or advisor has embraced work in relation to the constitutional and legal systems of Bahrain, Belize, Brazil, the British Virgin Islands, the Cayman Islands, Croatia, Ethiopia, Georgia, Gibraltar, Iran, Iraq, Kenya, Kuwait, Macedonia, Mozambique, Northern Ireland, Palestine, Peru, Russia, Saudi Arabia, Serbia, Singapore, Syria, Zimbabwe, Turkey, the United Kingdom and the United States of America. He has also acted as an international trial observer in cases raising due process and human rights issues in Brazil, Georgia, Greece, Northern Ireland, Serbia and Turkey and has represented individuals seeking to challenge Interpol's maintenance of Red Notices and data before the Interpol Commission for the Control of Files.
In recent years Tim has worked extensively in investor-state treaty arbitration. Although much of this work is, by necessity, not in the public domain his cases have included the high profile dispute of Littop and Others v Ukraine in which he acted for Ukraine and where a Tribunal comprising Julian Lew QC, Yves Fortier QC and Rodrigo Oreamuno became the first major Energy Charter Tribunal to recognise and apply a clean hands doctrine and the Article 17 denial of benefits provision so as to bar a US$ 5 billion claim. In addition Tim has worked on major investor - state arbitrations concerning media outlets and freedom of expression, the regulation of the gambling industry and allegations of expropriation in the mining industry.
Tim is a Member of the Irish Bar and so has retained his rights of audience before the Court of Justice of the European Union where he has appeared regularly in sanctions related matters. He also appears regularly before the Competition Appeal Tribunal and Court of Appeal in the United Kingdom including in relation to competition law matters, particularly those raising public law issues and international law issues.
Recent cases include Apple Inc and Others v Competition and Markets Authority [2023] CAT 21 (appearing for Apple Inc) and Merricks v Mastercard Incorporated and Others [2023] CAT 49 (appearing for Mastercard).
VAT registration number: 524425465
Barristers regulated by the Bar Standards Board
Gary Oliver
Senior Clerk
+44 (0) 207 822 7325
Derek Sutton
Deputy Senior Clerk
+44 (0) 207 822 7327
Adam Sloane
Deputy Senior Clerk
+44 (0) 207 822 7326
Dean Tolman
Clerk
+44 (0) 207 822 7331
Billy Brian
Clerk
+44 (0) 207 822 7339
Marc Armstrong
Clerk
+44 (0) 207 822 7330
Adam Fuschillo
Clerk
+44 (0) 207 822 7329
Danny Compton
Clerk
+44 (0) 207 822 7338
Sophie Reeve
Clerk
+44 (0) 207 822 7324
Rio Sully
Clerk
+44 (0) 207 822 7299
