Tim Matthewson

Civil fraud and asset recovery

Tim has particular expertise in disputes involving civil fraud and asset recovery. He has been recognised by The Legal 500 as a leading junior in civil fraud work.

Tim has significant experience of seeking (and opposing) the various forms of interim relief that arise in civil fraud litigation, including freezing orders, proprietary injunctions, receivership orders, Norwich Pharmacal and Bankers Trust relief, and other disclosure orders.

Tim also has experience of bringing the full range of civil fraud claims, including conspiracy, deceit, dishonest assistance, knowing receipt and breach of fiduciary duty through to trial.

His recent cases include:

• Acting for the 26^th – 29^th Defendants in The Public Institution for Social Security v Al Rajaan in relation to a US$874 million corruption claim by the body operating the State of Kuwait’s social security system and pension scheme in respect of alleged secret commissions paid over a 20-year period.
• Acting for receivers appointed by way of equitable execution in respect of a global enforcement exercise relating to a judgment debt of US$243 million.
• Acting for the 6^th Defendant in Unified Payroll Limited v Ncube, a claim by the liquidators of the Claimant company for an alleged tax fraud of in excess of £58 million.
• Acting for the Claimant company in Barrowfen Properties Limited v Patel [2021] EWHC 2055 (Ch) in a 15-day trial bringing a £5 million claim against a former director of the company for dishonest breaches of duty and forgery of documents and against the company’s former solicitors for claims including breaches of fiduciary duty and negligence. Tim also appeared in numerous interim applications in the proceedings, including in an application to lift privilege on the basis of the “iniquity exception”/ “fraud exception” in Barrowfen Properties Limited v Patel [2020] EWHC 2536 (Ch).
• Acting for a number of victims of APP (authorised push payment) fraud.
• Acting to resist an application to discharge receivers appointed by way of equitable execution in JSC VTB Bank v Skurikhin [2021] 1 WLR 434 (on appeal from the decision in [2019] EWHC 1407 (Comm)), in complex enforcement proceedings relating to an offshore trust structure involving entities in Liechtenstein, the BVI and Saint Kitts and Nevis.
• Acting to enter a US$17 million judgment in Bostani v Pieper as part of an enforcement exercise that involved obtaining freezing injunctions and Norwich Pharmacal relief in various jurisdictions, including England, Anguilla and the BVI.

Download Civil fraud and asset recovery CV

Company law

Tim is frequently instructed in disputes involving company law issues, including shareholder disputes, allegations of breach of directors’ duties, unfairly prejudicial conduct, share purchase agreements and breach of warranty claims.

His recent cases include:

• Acting in a US$45 million claim for repudiatory breach of a share purchase agreement.
• Acting in a shareholders’ dispute involving unfairly prejudicial conduct.
• Acting for the Claimant company in Barrowfen Properties Limited v Patel [2021] EWHC 2055 (Ch) bringing a £5 million claim against a former director of the company for dishonest breaches of directors’ duties.
• Acting in a claim for misrepresentation and breach of warranty relating to a share purchase agreement.
• Acting in a dispute about the beneficial ownership of a company.
• Acting in a dispute about the repayment of a director’s loan account.
• Acting for the Defendants in a claim for breach of duties as alleged shadow directors and/or de facto directors.

Download Company law CV

Insolvency

Tim has a diverse insolvency practice. He frequently acts for office holders, directors, creditors and insolvent companies.

His recent cases include:

• Acting for licensed insolvency practitioners in a challenge to an individual voluntary arrangement (IVA) for material irregularity.
• Acting for a liquidator to bring misfeasance and wrongful trading claims.
• Acting for administrators in relation to the approval of their fees.
• Acting for the Defendants in proceedings brought by the liquidators of a company alleging transfer at undervalue, breach of duties owed as de facto or shadow directors and the provision of negligent advice.
• Acting to defend claims brought by a trustee in bankruptcy alleging transfers at undervalue and a transaction in defraud of creditors.
• Acting on behalf of administrators to terminate an administration and seek ancillary relief.
• Acting in an application for an injunction to restrain the presentation of a winding up petition based on a claimed debt of £1 million.
• Appearing in applications under s.366 of the Insolvency Act.
• Acting on behalf of creditors to oppose an administration application.
• Acting on behalf of a trustee in bankruptcy to bring a claim for US$25 million. Advising the directors of a company in administration.
• Acting for a company in a claim against a former director relating to the circumstances in which it was placed into administration.

Download Insolvency CV

International arbitration

Tim acts in international arbitrations in commercial disputes.

Tim has acted in arbitrations under the LCIA and ICC Rules. His recent experience includes acting as sole counsel in both a range of interim applications and the final evidentiary hearing.

Tim is accustomed to working with teams in multiple jurisdictions.

Although the details are confidential, his recent cases include:

• Acting in an LCIA arbitration relating to a luxury European hotel resort, including as sole counsel in:

(a) a 2-day interim measures application; and

(b) a 3-day preliminary issues hearing including jurisdictional challenges.

• Acting as sole counsel in an ICC arbitration relating to the exploration and exploitation of gas reserves in Cameroon.

Download International arbitration CV

Professional liability

Tim acts in a range of professional liability disputes relating to solicitors, accountants, actuaries and professional trustees.

His recent cases include:

• Acting in a £5 million claim against a firm of solicitors for acting in conflict of interest and providing negligent advice: Barrowfen Properties Limited v Patel [2021] EWHC 2055 (Ch).
• Advising about a negligence claim against a firm of solicitors relating to the drafting of the definitive deed and rules of an occupational pension scheme.
• Advising about a negligence claim against a firm of accountants.
• Acting in a professional liability claim against a corporate trustee arising out of its lending of trust monies.
• Acting in disciplinary proceedings brought against an actuary by the Institute and Faculty of Actuaries.
• Acting to defend proceedings relating to the alleged provision of negligent advice to a company in the period before its entry into liquidation.

Download Professional liability CV