Timothy Harry
tharry@maitlandchambers.com
Office Contact No.: 2866 8233
Mobile No.: 6435 7175
Fax: 2866 7858

Profile

Tim’s practice is in Chancery and commercial litigation, with an emphasis on commercial disputes, property and trusts litigation, professional negligence, partnership and insolvency.  Tim is a tenant at Gilt Chambers, and also an associate tenant at Maitland Chambers, 7 Stone Buildings, Lincoln’s Inn, London WC2A 3SZ, and the cases mentioned below include some of the English reported authorities in which he has been instructed.  He is called to the Bar of the Eastern Caribbean, and has recently done work for Cayman, Swiss, Isle of Man and Samoan firms.  He has also been admitted to practice in the courts of Dubai International Finance Centre (DIFC).
 

1.     Commercial

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 [2008] HK CFI 961); he has successfully opposed the disqualification of an arbitrator for bias in an UNCITRAL arbitration (Jung Science Information Technology Co Ltd v ZTE Corpn [2008] HK CFI 606); he has acted for a hedge fund in the BVI court  in relation to a hotel project joint venture in Xiamen (Zwirn v Aran); 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 (Mareva, Chabra, Anton Piller and Norwich Pharmacal applications). He is included in the register of arbitrators of the Atameken Arbitration Center, Astana, Kazakhstan.

2.     Property and Trusts

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

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 Ltd (time of essence in rent review clause); on a standard form covenant in a Hong Kong Crown Lease, 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, English Court of Appeal); on the issue of whether a property transaction or a Liechtenstein trust could be struck down as shams (Westworld Ltd v Azulay and Nightingale Mayfair v Mehta) ; in Howard De Walden Estates v Malekshad, House of Lords (leasehold enfranchisement);in PGF Lime Street v Royal and Sun Alliance (law of dilapidations);in Westvilla v Dow Properties (whether conveyancing contract was unenforceable for uncertainty); and in Mitchell v Watkinson (adverse possession, English Court of Appeal).  He has appeared in matrimonial litigation particularly involving resulting trusts (Ho v Pak Nin Goldsmith Co Ltd).

3.   Professional Negligence

His expertise includes claims against solicitors, surveyors, auditors, and quantity surveyors.  He is 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, House of Lords (valuers’ negligence, damages); Mortgage Express v. Bowerman (extent of solicitor’s duty to a lending institution); and Zwebner v The Mortgage Corporation (solicitor’s liability on an undertaking).  Most recently he has acted in one reported case which decided whether the securitisation of a loan by a lender might lead to the loss of its cause of action: Paratus v Countrywide Surveyors; and another in which the central issue was whether a solicitor's conveyancing mistake might also be a breach of trust: DB Bank v Edmunds & Co.

4.   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 [2007] HK CFI 1056); in the long running Macro litigation (unfair prejudice, rights of pre-emption); Rosshill Properties (receivership); Lord v Sinai Securities (the test for a transaction at an undervalue); Greenhaven Motors (the sanctioning of a compromise); Re RCG Holdings Ltd (the principles under which a court can order disclosure of a company’s documents under s.152FA of the Companies Ordinance); ATV (unfair prejudice petition and double derivative claim); and (in the Court of Appeal of the Eastern Caribbean) Basab Inc. v Accufit Investment Inc (the threshold test for bringing a derivative claim).

He sits as an arbitrator, and is an accredited mediator.  He is recommended in The Legal 500; Chambers UK Directory; and Legal Experts.
 

Publications

He is a contributing editor of the following works:
Snell's Equity (31st Edition)
Sweet & Maxwell’s 'Land Registration Act 2002'
'Professional Negligence and Liability'
Lloyds Law Reports: Professional Negligence (1995 - 2003)
Hill & Redman's 'Law of Landlord and Tenant'
The next edition of 'Lender Claims'
Sweet & Maxwell’s 'Hong Kong Civil Justice Reform Practice Manual'.

Lectures:

He has delivered public lectures and written articles on a range of topics, including 'Repudiation of Leases', 'Reform of the law of prescription', 'Equitable Remedies', 'The implications of the Supreme Court decision in Coventry v Lawrence', 'Recent Developments in the law of professional negligence', and 'Principles of interpretation of commercial contracts'. 
 

Memberships:

Hong Kong Bar Association
In England:
Commercial Bar Association
Chancery Bar Association
Property Bar Association (former committee member)
Professional Negligence Bar Association.
 

Qualifications and other matters:

MA (Oxford) First Class (Martin Wronker Prize, proxime accessit)
Bachelor of Civil Law (Oxford)
Lord Denning and Hardwicke Major Scholarships, Lincoln’s Inn
Bennett Prizewinner, Lincoln’s Inn (Private International Law) 
Formerly Lecturer in Law, Hertford College, Oxford (Torts, Criminal Law, Jurisprudence and Trusts Law)


Other interests:

He has travelled and explored extensively and is a Fellow of the Royal Geographical Society and a Fellow of the Royal Asiatic Society.
He is a Member of the Travellers' Club, the Iran Society, and the Lord Denning Society
He has been involved in Charitable Projects in Sierra Leone and Rwanda