Dale Timson

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Introduction

Dale specialises in civil litigation providing advice and representation in commercial and property disputes. He is a well prepared and thorough advocate who is proactive at keeping in touch with those instructing him to discuss and communicate case strategy.

Dale is often praised for his attention to detail, commitment, and organised approach. He takes a calm and considered view to all cases, combining his legal knowledge with a commercial approach. He is not afraid to advise clients realistically about the prospects of success and financial implications of proceeding to trial. In court, he is a robust litigator and does not shy away from pursuing a difficult argument.

Dale has undertaken advisory and drafting work for high-profile clients, understanding the need for confidentiality and the importance of avoiding litigation due to the potential for reputational damage.

Dale has a background in recruitment, which involved working with numerous blue-chip companies, and as a result has a high level of commercial awareness.

Dale is a member of the Attorney General's Junior Junior panel. He is committed to pro bono work, being a supervising lawyer at BPP’s Enterprise Clinic and also on the Advocate panel. He recently appeared in the Court of Appeal as sole counsel in the case of Shazhad v Mazher (Queen’s Proctor Intervening) [2020] EWCA Civ 1740.

Specialisms

Dale acts for clients in all areas of property law including disputes involving easements, restrictive covenants, overage agreements, options, and trusts of land, including constructive and resulting trusts, and claims pursuant to the Trusts of Land and Appointment of Trustees Act 1996.

Dale also specialises in both residential and commercial landlord & tenant matters.

From forfeiture claims, service charge disputes,  section 21 possession proceedings, and deposit disputes, right through to lengthy and complex cases of unlawful eviction, fraud, and harassment, Dale is able to provide effective advocacy in court and direct but practical advice out of court.

Dale has an extensive knowledge of the regulations governing HMOs. Dale accepts instructions in all aspects of these cases including criminal prosecutions and civil claims heard in the First Tier Tribunal.

Recent notable cases include:

Re Shahi Tandoori Restaurant [2021] EWHC 337 (Ch): A three-day trial in the High Court representing a former company director in a claim brought by the liquidator pursuant to s.212 and s.234 Insolvency Act 1986. Dale successfully argued that the loss to the company had not been properly quantified and reliance on an investigation by HMRC was insufficient.

T v H [2020]: Representing a tenant in a 2 day multi track claim for unlawful forfeiture. The court allowed the claim, making damning findings against the Landlord, awarding the tenant considerable damages and costs.

Shahzad v Mazher (Queen’s Proctor Intervening) [2020] EWCA Civ 1740: Dale represented the Applicant pro-bono in a case before the Court of Appeal involving issues as to fraud, divorce, and procedural irregularity. Dale successfully argued that where fraud only went to the court’s jurisdiction to grant the petition, and not the court’s jurisdiction to entertain it, the decrees should not be set aside.