Timothy St. John Ogilvie Carlisle

Call: 1984

Timothy’s background in competitive sport and business before he came to the Bar has given him a liking for tactical and strategic thinking and he is known to take on cases where careful planning about the best approach towards resolution is required.

Tim has been a CEDR accredited mediator since 2000 and has experience of handling large scale mediations as an advocate within a team.

If you would like any further information regarding Timothy Carlisle’s practice, please contact his clerks or call +44 (0)20 7405 6114.

Areas of expertise

Company & commercial

Tim represented one of several former partners who had managed an offshore Hedge Fund within a web of company holdings. The case concerned rights to information, breach of commercial confidentiality, malicious suit, loss of carried interest, management fees and other losses consequent upon inability to close funds. This case, worth three figure millions of Euros, settled following two days of mediation.

Group Shareholders’ claim: for negligent valuation of shares: a case where Tim represented a group of shareholders claiming against one of the world’s major firms of accountants for a negligent valuation of shares made shortly before a flotation. The case settled during the first day of trial.

Warranty of Authority: a case in which Tim represented an agent facing a claim for breach of his warranty of authority; where the litigation was spread over many areas and the downside risks were appreciable. The trial lasted six weeks at first instance:  (1) AMB Generali Holdings Ag, (2) Manches (a firm), (3) Sprecher Grier Halberstamm (4) Portner & Jaskel (Appellants) v SEB Trygg Liv Holding Aktiebolag (Respondent): Portner & Jaskel (Part 20 Appellant) v (1) AMB Generali Holdings Ag, (2) Alec Merrifield (Part 20 Respondents) [2005] EWCA Civ 1237, [2006] 1 All ER 437, [2006] 2 All ER (Comm) 38, [2006] 1 WLR 2276, [2006] 1 Lloyd’s Rep 318, [2005] NLJR 1781, (2005) Times, 1 December, [2005] All ER (D) 136 (Nov): (reversing in part) SEB Trygg Holding Aktiebolag (claimant) v (1) Manches (a firm), (2) Sprecher Grier Halberstamm, (3) Portner & Jaskel (Part 20 claimant), (4) AMB Generali Holdings Ag (& Part 20 Defendant) & (1) Buckhard Schulze Wierling, (2) Alec Merrifield (Part 20 Defendants). [2005] EWHC 35 (Comm), [2005] 2 Lloyd’s Rep 129, [2005] All ER (D) 307 (Feb)  

Partnership: Tim represented one of several former partners who had managed an offshore Hedge Fund within a web of company holdings. The case concerned rights to information, breach of commercial confidentiality, malicious suit, loss of carried interest, management fees and other losses consequent upon inability to close funds. This case, worth three figure millions of Euros, settled following two days of mediation.

Commercial property/Waste Management licence: a case where the landlord, for whom Tim acted, forfeited commercial property. The circumstances at trial involved the late production of fabricated documents as they were found to be upon lengthy cross-examination, the process of waste management, breach of covenants. The landlord won.

Investment Banking: Conflict of Laws – choice of law clauses: Council Regulation (EC) 44/2001: An investment banking case involving, at this stage: conflict of law in contract and tort, anti-suit injunctions; choice of law clauses – whether exclusive or non-exclusive; the contractual bargain effects of exclusive clauses as against non-exclusive clauses; foreign judgments, stay of proceedings; Art 2 Council Regulation (EC) 44/2001 on Jurisdiction and the Recognition and Enforcement of judgments in Civil and Commercial matters; Owusu v Jackson [2005] Aller (D) 47 (Mar) distinguished. One part of this case is proceeding to the appeal court in Guernsey. Winnetka Trading Corp v (1) Julius Baer International Ltd, (2) Bank Julius Baer & Co Limited (Guernsey Branch) [2008] EWHC 3146 (Ch): [2009] Aller (D) 94 (Feb) – to be reported in the Business Law Reports series.  

Property: Notable cases

Personal injury: Notable cases

Timothy’s practice includes high value personal injury and clinical negligence work.

Notable Cases

Director's Disqualification

A case where Tim represented the only director out of several to succeed in resisting disqualification after a long complex trial lasting several weeks: Secretary of State for Trade & Industry v Dennis George Hollier & 5 ors [2007] Bus LR 352: [2007] BCC 11: [2006] EWHC 1804 (Ch).

Mediation

Tim is an accredited CEDR and SPCP mediator with experience of conducting mediations in a wide range of disputes. He has recently successfully mediated a dispute with very high emotional content concerning a valuable residential property held in a TOLATA trust.

Education

Privacy Notice

Timothy’s Privacy notice can be found here