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Tim Hardy

Civil and Commercial Mediator

   

Practice Overview

Tim has been head of the Commercial Litigation team at a top 10 global law firm for more than 10 years.  He has over 30 years’ experience of dispute resolution across a range of issues and is a respected figure in the world of mediation advising various committees.  He has experience in the areas of (although not limited to) corporate transactions, partnership, financial services, funds, banking, insolvency, fraud, insurance, products, construction, property, outsourcing, IT, professional negligence and media law. 


Professional Background

He is a solicitor advocate (Higher Courts Civil).  In recent years Tim’s practice has particularly focused on the Financial Services Sector.  He is a solicitor advocate (Higher Courts Civil).  In recent years Tim’s practice has particularly focused on the Financial Services Sector.  He has been representing a number of funds and investors in funds in separate disputes involving claims for breach of mandate, misrepresentation and negligent misstatement in relation to the marketing and management of those Funds.  He is also representing investors based in the UK defending ‘claw back’ actions by the trustees of a ponzi scheme in Miami.  He also frequently litigates issues arising from corporate transactions and board room disputes. 

He a highly experienced Mediator, accredited since 1998, and regularly receives appointments to mediate complex commercial disputes and to represent parties in mediation and protracted negotiations. 


Mediation experience includes:

  • Spread Betting, Directors’ Liability  Mediating a dispute between investors and management concerning an investment of fresh capital into an establish business that specialised in broking spread betting

  • Fund Manager, Misrepresentation & Breach of Mandate  Acting for Manager of Private Equity Fund defending claims by an Action Group, consisting of institutional investors and their consultants, of misrepresentation in a Private Placement Memorandum and breach of mandate in relation to the Investment Policy in a Limited Partnership Agreement.

  • Defence to Margin Call  Acting for corporate investor defending claims for the balance due on a margin account following a failure to meet a call in October 2008 because its accounts were with Landsbanki which had just gone into receivership prior to being taken over by the Icelandic government.  The broker sold the stock producing a shortfall.

  • Breach of Investment Mandate  Acting for five VCT's whose cash assets were managed by an Investment Bank on a discretionary mandate with a low-risk investment profile with the express objective of preserving capital and generating annual returns in excess of those available from short-term cash deposits.  The portfolio suffered significant losses.  Bringing claims for breach of mandate.

  • Option rights, Rectification, Interpretation of Contract – Successfully defending Commercial Court proceedings brought by a Private Equity Fund over rights alleged conferred in an Option Agreement.  The litigants had been competing to acquire a company in a hostile take over.  The stock exchange ordered the contest should be ended by sealed bids but instead the competing parties entered into an Option Agreement to share the company 70/30 if the bid was successful.  The bid failed as a new consortium starting buying shares at twice the closing bid price.  Our client had acquired 29% of the shares at the bid price and the Private Equity Fund claimed an interest in 30% of that shareholding under the Option Agreement. 

  • Negligent Investment Advice  Acting for Trustees recovering a contribution to a tax liability arising from advice (received from an investment bank) to unwind an investment in Gazprom securities held through a custody agreement with a Cypriot Custodian and a Russian third party.

  • Broker, Worldwide Freezing Orders  Defending broker in relation to claims of misapplication of funds received pursuant to Subscription Agreements for shares in three Hong Kong and one BVI holding companies with interests in China.  Pursuing evidence of the holding companies’ failure to secure the interests claimed to exist in the Chinese companies.

  • FFA Trades, misrepresentation Acting for broker instrumental in FFA trades for differences, the paying party alleged that the broker passed on misrepresentation that the counter party entered into the trade for hedging and not speculative reasons, including issues concerning confidentiality of tape recordings of broker's conversations.

  • FFA Trades, KYC  Acting fro broker in High Court litigation concerning the true identity of one of the parties to a series of inter-linked trades where the collapse of the freight market left one party with a $60m loss

  • International Trade Finance, Letters of Credit, Fraud  Acting for US bank in proceedings arising out of international trade finance fraud, involving proceedings in London, New York and Bahrain.  The fraud was perpetrated by an insolvent metals trader where the underlying transactions were fictitious.  The issung banks sought to avoid reimbursing confirming banks in reliance on the fraud exception.

  • Finance House, CDS and CSAs  Advising finance house on availability of damages for failure of adviser to hedge trades in Credit Default Swaps with Credit Support Annexes.

  • Hedge fund  Advising a hedge fund on potential claims against a major Swiss bank in relation to the bank’s alleged misrepresentations concerning the pricing of various CDOs.  The claim was successfully settled.

  • Market maker  Acting for an online forex, share and CFD market maker in resisting investor claims involving allegations of breach of contract, negligence and misrepresentation.

  • Agency, Conspiracy, Bribery, Tracing Claims  Multi-party Commercial Court action involving claims brought by two Russian State owned companies based on allegations of a conspiracy to defraud through bribery, secret commissions and the sale of assets at an undervalue

  • Complaint to Takeover Panel, illegal concert party   Foreign acquisition vehicle competing in a hostile bid where complaints were made to the Takeover Panel of market abuse and collusion.


Other Experience

He a highly experienced Mediator, accredited since 1998, and regularly receives appointments to mediate complex commercial disputes and to represent parties in mediation and protracted negotiations.  Tim is one of the Editors of The EU Mediation Atlas: Practice and Regulation. He is an active member of the Litigation sub-committee of the City of London Law Society and he is a solicitor advocate (Higher Courts Civil). He is a regular speaker at conferences on arbitration, ADR and negotiation techniques and a trained coach.

Tim is a Fellow of the Chartered Institute of Arbitrators and frequently represents parties in ICC, LCIA and LMAA arbitrations. 


Panel Memberships

  • Member of the Chartered Institute of Arbitrators

  • London Court of International Arbitration

  • International Chamber of Commerce

  • British Institute of Comparative Law

  • Solicitors’ Association of Higher Court Advocacies

  • Chartered Institute of Public Relations

  • International Bar Association and American Bar Association

 

Areas of Specialism

  • Banking
  • Commercial
  • Company
  • Construction
  • Contract
  • Financial Services
  • Insolvency
  • Insurance
  • IT
  • Media
  • Partnership
  • Professional Negligence
  • Property
  • Shareholder Dispute



Get in Touch

ADR Group
The Dounsells, Mores Lane, Brentwood, Essex CM14 5RZ

General Office Enquiries
020 3600 5050
info@adrgroup.co.uk

Office Hours
Monday to Thursday - 9.00am to 5.30pm
Friday - 9.00am to 5.00pm

Out of Office Contact
Mark Belford +44 7703 308 923


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