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Tim is a partner in the Commercial Litigation team and head of the Banking and Finance team in Manchester.
Tim acts on behalf of all types of institutional clients, dealing with claims for and defending claims brought against banks, building societies, merchant acquirers, and asset and receivables finance houses. He has a particular focus in the card-acquiring sector, advising on all risk issues and especially fraud. Tim also regularly acts on behalf of lenders who pursue professional negligence claims against their advisers.
Tim advises extensively on the risk issues arising out of processing of card transactions in particular business sectors or jurisdictions. He advises in relation to issues surrounding internet gaming, and has dealt with the cross-border issues of gaming within the United States in conjunction with DLA Piper Rudnick's Washington office.
Tim is the chairperson of the ADR steering group for the UK, Europe and Asia.
Tim is regularly published both in trade journals and the national press in relation to his work on behalf of the finance industry in combating the latest trends in fraud. Recently this has included commentary on 'phishing' and 'pharming', where internet banking products are systematically targeted by criminals who obtain confidential customer information and use it fraudulently.
Tim also presents to the finance industry on topical legal issues.
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Key experience:
- Acting for a major UK bank in professional negligence proceedings against the bank's solicitors and valuers, in relation to a £34million acquisition of apartments in London.
- Acting for a major UK clearing bank in fraud proceedings to recover losses in excess of £2million brought against an accountant and his client, for their part in a fraudulent scheme concerning aircraft parts.
- Acting for two clients in the merchant acquiring industry in relation to the collapse of both a major UK PC manufacturer and their purchaser.
- Defending claims brought against a UK bank in relation to losses arising out of alleged identity theft, where the bank's customer colluded with the fraudsters to misappropriate funds from the account and then sought an indemnity from the bank in relation to the 'losses'.
- Advising a factoring business in a claim brought against the sole director of a company who had caused the company to raise two fraudulent invoices to raise funds from the Factor.
- Acting on behalf of a UK-based acquirer advising on the risk issues arising out of a cross-jurisdictional transaction to fund a chain of petrol stations, project managing the matter for the UK client.
- Defending proceedings brought by an insolvent customer in relation to a fund which represented unlawful internet gaming transactions. The transactions had been processed in breach of the contract between the bank and its customer.
- Pursuing the recipient of stolen funds based in Spain who had allowed her Channel Islands based bank accounts to be used to siphon part of the proceeds of a complex accounting fraud.
- Acting on behalf of a group of 34 asset finance houses to recover losses arising out of a supplier fraud.
- Dexter - v - Harley and others - Court of Appeal decision in relation to which court had jurisdiction where there were multiple tort feasors, only some of whom were based in the UK.
- Capital Bank - v - Stickland - Court of Appeal decision setting out the guidelines for when a Part 36 Payment (an offer to settle proceedings) can be accepted out of time, by a defendant.
- Martin Vlieland-Boddy - v - Clive Vlieland-Boddy - The leading case on establishing jurisdiction in bankruptcy cases where the debtor is outside of the jurisdiction Court of Appeal guidelines laid out for which the court has insolvency jurisdiction when the debtor's centre of main interest is not in the UK.
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