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Tim has long been recognised by the leading directories and his clients as one of the leading commercial dispute lawyers in the North East. As such, Tim has played a crucial part in helping to build a practice recognised on two occasions in recent years (Legal 500) as the best commercial litigation practice outside London.

Tim has huge experience and is ranked in the directories as a Leading Individual in the areas of: Insurance, IT disputes, professional negligence and commercial disputes. Tim regularly acts for both Claimants and Defendants, Insured and Insurers, and businesses in both the private and public sectors.

Although Tim has extensive trial experience, he is a firm believer and experienced in negotiating settlements, mediation, and other methods of commercial resolution, such as expert determination.

Tim is also a CEDR accredited Mediator, described as having ‘an easy grasp of the commercial issues’ with a ‘positive, calm and assured manner’

 

Experience

Work undertaken by Tim includes:

Insurance

  • Acting against Insurers on policy construction and coverage issues including: non-disclosure, materiality, breach of warranty/conditions precedent, claims notification/behaviour terms, and alleged fraud; plus follow-on claims against insurance brokers and other professionals
  • Acting for an entrepreneur in a high value claim against his insurance broker following a catastrophic fire, which destroyed his waste recycling business.

IT disputes

  • Acting for a large NHS Trust in a dispute relating to the implementation of a new patient administration and bed management system.
  • Advising a major provider of outsourcing services on alleged contract breaches, the exercise of step-in rights, and threatened termination of a contract dealing with the provision of services to a major financial institution.
  • A Dutch-based IT service provider on claims arising following a pilot study prior to a company-wide roll-out by a multi-national food producer
  • More generally, acting for both international IT companies, NHS Trusts, public authorities and Insurers in a variety of IT disputes ranging from multi-million implementation disputes to relatively low value licensing disputes.

Commercial/Professional Negligence

  • Acting for Newcastle Airport in a leading case on the authority of directors and need for employment lawyers to recognise who is their client when advising on contracts, which released executive directors from restrictive covenants and entitled them to receive substantial executive bonuses Newcastle Airport v Eversheds 2013.
  • Advising a leading provider of packaging services in a major tri-partite dispute with a Govt agency and logistics supplier about the proper performance of contractual obligations.
  • Acting for two City councils in dispute with a major provider of waste recycling services in highly contentious negotiations about the interpretation of respective obligations under a long-term contract.
  • Acting for a mining company in claims arising after the failure of a drilling platform in the Irish Sea.
  • Acting for a leading entrepreneur in a high value claim against accountants, stockbrokers and financial advisers relating to negligent advice on tax planning arrangements.

What people say

  • Tim Toomey- Tim is always very commercially attuned and deals with matters quickly and cost effectively

    Legal 500, client quote
  • Tim Toomey – very experienced, personable, very focused on the client’s interests, good at seeing the wood for the trees, a great sense of what is practicable.

    Legal 500
  • My main contact is with Tim Toomey whom I have dealt for a few years now. Tim’s clear and direct approach to insurance disputes, together with his extensive knowledge, mean that I am confident of recommending him while also being fully comfortable that the advice being given is sound.

    Legal 500, Client quote
  • Tim Toomey enjoys 'an excellent reputation' in the region. He advises on IT and insurance disputes, as well as professional negligence claims. Sources are impressed with his 'wide-ranging depth of knowledge and ability to suitably communicate such in a manner which was readily understood and digested'.

    Chambers & Partners
  • An outstanding litigator who gets to the facts quickly, understands complex situations and is commercially focused.

    Chambers & Partners
  • He is an excellent lawyer with fine analytical skills and a superb manner with clients. He is practical and gets really good results

    Chambers & Partners
  • He communicates well and keeps us informed. He is not the most expensive and does a good job.

    Client quote
  • Ward Hadaway was our first choice to approach on this matter and our experience working with you vindicated entirely our initial thinking.

    In-House Lawyer
  • Tim quickly grasped and understood what was a complex situation. He was thorough and gave us confidence in the way he marshalled and interviewed the people involved to set out our case. My advice is - always use an experienced specialist when involved in IT disputes.

    Les Williams, CEO, Trinity Computer Services Ltd

My insights

  • An important clarification

    The Court of Appeal has provided an important clarification on what is recoverable loss and how exclusion/limitation clauses should be interpreted.

  • Technology disputes and the NHS – the SCL Adjudication scheme – Eyes wide open

    Where parties to technology projects have disputes finding a timely and cost effective resolution process, one that provides access to justice whilst allowing relations and cash-flow to be maintained, has long been the holy grail of dispute lawyers. Through its adjudication scheme, launched in October 2019, the Society of Computers & Law (SCL) hopes to encourage parties to adopt a process, which if not the holy grail is advocated as being a major step in the right direction.