Timothy Howe QC
Call date
1987
Silk date
2008
Practice Areas
Timothy Howe QC is well-established and widely recognised as a leading practitioner in the field of commercial dispute resolution.
His broadly-based practice encompasses commercial litigation and arbitration, international and domestic, and extends to disputes and proceedings in or involving overseas jurisdictions, including Hong Kong, Singapore, Dubai, the Channel Islands, the USA & Caribbean.
Timothy Howe QC has particular expertise in the following practice areas:
- Banking
- Financial Services
- Insurance and Reinsurance
- Civil fraud and Asset Recovery
- International Commercial Arbitration (inc. LCIA, ICC, Uncitral and ad hoc references)
- International cross-border and multi-jurisdictional disputes
- Corporate mergers and acquisitions, disposals and joint ventures
- Energy, Oil and Gas
- Telecoms
- Professional Negligence
He accepts appointments as an arbitrator in commercial arbitrations. He also has extensive experience of ADR and mediation, including acting as a mediator.
Recommendations (Practitioners' Guides)
“Timothy Howe QC was one of the most sought-after banking juniors in the OFT bank charges litigation, and continues to build on this reputation following his seamless transition to silk.” Interviewees agreed: “He is of the stronger players in the commercial and banking space; he complements his effortless grasp of complex financial instruments with an affable and responsive client manner.” For those searching for a professional who is “clever, able to reduce problems to accessible solutions and ultra-accessible.”
(Chambers & Partners UK 2010)
“Timothy Howe QC is extremely bright and grasps complex financial issues very quickly.”
“Timothy Howe QC is of a rather more recent vintage. Observers are quick to tip him as a rising force, following his highly impressive career as a junior. His effortless grasp of complex financial products ensures that he is one of the first ports of call for frauds related to investment funds, mortgages and brokerage and trading activity.”
(Chambers & Partners UK 2010)
“Timothy Howe QC is never one to avoid getting stuck in and loves the challenge of tricky cases.”
(Chambers & Partners UK 2010)
“Able to “remain firm without ruffling feathers” and “stay calm no matter how big the crisis is”, Timothy Howe is widely regarded as “an advocate who can be relied on to turn things around”. His “keen eye for detail” ensures “he never misses a trick” and his hard-working and diligent attitude prompts sources to describe him as “a team player who is willing to get stuck in and get his hands dirty”.”
(Chambers & Partners UK 2009)
“Timothy Howe is no stranger to cases of the utmost import. His multi-faceted practice covers the whole range of commercial litigation and arbitration, on both a national and international level, and he proves particularly proficient at complex cross-border jurisdictional issues. Gathering plaudits from all corners, he was described to Chambers as a “phenomenal advocate,” who is “forceful, proactive, affable” and “as bright as a button.” A “superstar” lawyer, his popularity with clients is born from the fact that he is a “genuine team player who employs tactics that you can rely on.””
(Chambers & Partners UK 2008)
“Timothy Howe's practice revolves around the trinity of banking, financial services and insurance; in these fields, "his profile counts for a lot in the market," say interviewees. His "clever, practical and thoughtful" approach has also won him a following amongst players in the commercial and professional negligence fields; as one instructing solicitor put it, "he rolls up his sleeves, gets on with the job without fuss and covers every base." Multi-jurisdictional litigation and arbitration feature strongly on Howe's caseload. … Solicitors are always delighted to instruct him, since ‘he can work well as part of a team, but one is always comfortable leaving him to his own devices.’”
(Chambers & Partners UK 2007)
“Timothy Howe is seen as ‘engaging, and very clever’ and ‘stands out amongst his peers’ for the breadth of international banking and financial clients he has assisted … Timothy Howe’s advocacy skills and strong reputation as a top-notch commercial litigator mark out silk-quality insight in this talented junior – a justified promotion”
(The Legal 500, 2007)
Consistently ranked as one of the “Stars at the Bar” by Chambers & Partners for many years, Timothy has been very highly recommended by Chambers & Partners, as well as Legal 500, in no fewer than 7 separate practice areas, spanning: commercial litigation, international arbitration, banking and finance, insurance and reinsurance, civil fraud, professional negligence, energy and natural resources.
Timothy is described by Legal 500 as “the best at the Bar” and “a man for whom a successful career in a variety of commercial disciplines augurs long and well”, and by Chambers UK as “very, very thorough and a tough opponent” with “an ability to construct ‘a line of attack to counter any intricate problem’”, “’smart, on the ball and impressive in court’” and “a ‘gutsy, hard-working, user-friendly barrister who is great to have on your side’”.
Education
St. Paul's School, London: First Foundation Scholar
Magdalen College, Oxford: Open Scholar
BA Lit. Hum. (1st Class Hons. 1985); MA 1993
City University, London: Diploma in Law with Distinction.
Prizes & Scholarships
Harmsworth, Astbury and Inaugural Queen Mother’s Fund Scholarships,
Middle Temple
Appointments
Executive Committee & former Secretary, Commercial Bar Association (2000 to date)
Chairman, Bar Council Member Services Management Board (2008)
Other Qualifications
CEDR - accredited mediator (2004)
Recent Practice
Timothy Howe has extensive experience of acting as Lead Counsel in international and domestic commercial dispute resolution with particular expertise in the practice areas identified above. Recent examples of his practice are set out below.
Banking and Financial Services
Recent practice includes:
- advising and acting for market counterparties with regard to the consequences of the recent insolvency of Lehman Brothers
- advising and representing commercial parties affected by the Icelandic banking crisis
- acting for Noteholders in a priority dispute arising from the administration and restructuring of a major SIV
- advising and acting for investors in relation to the Federal Reserve bail-out of the AIG Group
- acting in complex Commercial Court proceedings between IXIS-CDC, West LB, CIBC and Terra Firma arising out of the £1 billion securitisation of the Box Clever group
- acting for HBOS plc in the continuing Bank Overdraft Charges Litigation between the Office of Fair Trading and eight of the largest UK retail banks
- acting for a major UK asset manager in connection with potential “credit crunch” claims arising from a £50 million investment in a programme of Structured Notes
- acting for Merrill Lynch in Commercial Court proceedings in connection with the restructuring and administration of Eurotunnel
- advising a South East Asian fund against a European bank in connection with its financial exposure under complex CDOs arising from the “credit crunch”
- acting for Hypo Real Estate Bank International in connection with a multi-million pound dispute over broker-originated commercial property-backed lending business
- advising a number of leading UK banks and building societies in relation to complex UK-wide commercial mortgage frauds
- acting in UK litigation arising from US regulatory investigations and proceedings concerning Wall Street Investment banking practices in relation to IPO business
- acting for a leading international bank in cross-border litigation in the UK, Spain and Dubai concerning a multi-million pound international fraud/conspiracy
- representing the Man Group in litigation relating to foreign exchange trading/broking
- acting for Banco Santander in relation to litigation concerning ISDA swap transactions
- acting for the European Bank of Reconstruction and Development in multi-jurisdictional litigation concerning project finance transactions in Turkey & Uzbekistan
- acting for the Nomura Group in relation to multi-jurisdictional litigation and arbitration proceedings arising from investments in the Czech banking and industrial sectors
- acting for Deutsche Bank (at 1st instance and in the Court of Appeal) in litigation concerning international export credit for projects in Eastern Europe and Africa
Insurance and Reinsurance
Recent practice includes:
- acting for a leading European reinsurer in international arbitration proceedings concerning the pool business of a Bermudian captive
- advising Equitas in connection with multi-million pound coverage and “bad faith” damages actions in the USA
- acting for London and European reinsurers (at 1st instance and in the Court of Appeal) in the Carvill litigation concerning brokerage disputes relating to London Market and international reinsurance placements
- acting for a leading US insurer in international arbitration and Commercial Court proceedings concerning the coverage of US asbestos and pollution losses
- acting for the Lloyds TSB Group in test case proceedings in the Court of Appeal and House of Lords concerning aggregation of insured liabilities for pension mis-selling
- acting for Lloyd's of London against 6 major international insurance corporations in arbitration proceedings concerning the insurance of the New Central Fund and the incidence of WTC-related losses
- acting for Merrill Lynch in Commercial Court proceedings to enforce credit risk insurance cover in connection with the restructuring and administration of Eurotunnel
- advising the fidelity insurers of a leading Japanese Bank in connection with a multi-million pound bond fraud
- acting for London market insurers in relation to a major business interruption claim by United Biscuits
- acting for international insurers in LCIA arbitration proceedings concerning claims for compensation by investors in Split Capital Trusts
- acting in the UK film finance litigation, including for film studios MGM and United Artists Corporation, in litigation concerning Heaths-broked film finance insurance
- acting for US insurers in litigation with London market reinsurers concerning the coverage of the September 11 2001 World Trade Center losses
- acting for European reinsurers in international arbitration proceedings concerning (1) the financial collapse of the HIH Group, and (2) the Unicover Pool debacle
International commercial arbitration
Recent practice includes:
- acting for Asian investment funds in ICC arbitration proceedings, centred in Canada and New York, concerning an investment project in Vietnam
- acting for a leading European reinsurer in international arbitration proceedings concerning the pool business of a Bermudian captive
- acting for a leading multi-national technology corporation in international arbitration proceedings in Hong Kong arising in connection with technology projects in China
- acting for a US insurance coverholder in arbitration proceedings in London concerning the underwriting of binding authorities for the coverage of US fleet risks
- acting for a global investment bank in international arbitration, centred in Hong Kong, arising from a joint venture for property-backed lending in the Hong Kong market
- acting for a leading US insurer in arbitration proceedings concerning the coverage of US asbestos and other pollution losses under London market reinsurance treaties
- acting for a leading US energy group in LCIA arbitration proceedings concerning the financing of a major UK energy project
- acting for Lloyd's of London against 6 major international insurance corporations in arbitration proceedings concerning the insurance of the New Central Fund
- acting in relation to London arbitration proceedings concerning Enron-related exposures and the activities of Arthur Andersen
- acting for international insurers in LCIA arbitration proceedings concerning claims for compensation by investors in Split Capital Trusts
- acting for a Canadian energy group in London arbitration proceedings concerning the construction of Korean nuclear power stations
International cross-border and multi-jurisdictional disputes
Recent practice includes:
- acting in relation to multi-jurisdictional litigation in London, Brazil and New York arising from the refinancing of the leading Brazilian international telecoms corporation
- acting for the minority shareholders/investors in relation to litigation in Singapore, the Cayman Islands and the US arising from a pan-Asian telecoms joint venture
- acting for Hutchison Whampoa in cross-border litigation, centred in Hong Kong, about the dissolution of China joint venture businesses and related shareholder disputes
- acting for a US corporation specializing in the field of submarine telecommunications in multi-jurisdictional litigation with a Brazilian sub-contractor
- acting for London market insurers of a major Bermudian financial institution in connection with its exposure to class action litigation in the US and Cayman Islands
- acting for Irish creditor interests in relation to multi-jurisdictional litigation arising from the collapse of the Parmalat group
- acting for a leading international bank in cross-border litigation in the UK, Spain and Dubai concerning a multi-million pound international fraud/conspiracy
- acting for Cricket Sri Lanka in connection with multi-jurisdictional litigation and arbitration, in London, the British Virgin Islands, Malaysia, Singapore and Sri Lanka, concerning TV rights in respect of Sri Lankan international cricket matches
- acting for London and European reinsurers in relation to US/UK litigation concerning London Market and international reinsurance placements, involving extended jurisdictional challenges and disputes
- acting for the Trustees of the Thyssen-Bornemisza offshore family trusts in US $2 billion litigation in Bermuda
Corporate mergers and acquisitions, disposals and Joint Ventures
Recent practice includes:
- acting for venture capital and related shareholder interests in litigation arising from the disposal of a major UK PLC
- acting for the directors of a leading UK PLC (at 1st instance and in the Court of Appeal) in multi-million pound litigation arising from a recommended takeover bid
- acting for Hutchison Whampoa in high value international litigation arising out of the dissolution of joint venture businesses in China
- acting for a Hong Kong-based international logistics corporation in relation to shareholder and other disputes arising from the acquisition of a worldwide logistics and freight business from the Jardine Matheson Group
- acting for Goldman Sachs in resisting Mannesmann’s attempted injunctive proceedings in connection with Vodaphone’s successful takeover bid for Mannesmann
- acting for BSkyB in a shareholders’ dispute arising out of merger of BSB and Sky TV
- acting for the Liquidator of a leading UK mutual insurer in connection with claims arising from its takeover by a leading French insurance group and its ensuing insolvency
- acting for the Lincoln Group in multi-party litigation arising from the disposal of its UK financial services and life insurance businesses and assets
- acting for a leading Hong Kong conglomerate in litigation arising out of its takeover of the worldwide Singer Group
- acting for British Rail in proceedings arising out of the privatisation of the UK train operating companies
Energy, Oil & Gas
Recent practice includes:
- advising and acting for US investors in a major power station project in South Africa
- acting in proceedings involving Bechtel relating to the Dabhol Power Plant in India
- acting for a major Russian energy group in relation to a multi-jurisdictional dispute concerning a joint venture with European partners
- acting for a leading US energy group in LCIA arbitration proceedings concerning the financing of a major UK energy project
- acting for European reinsurers of a major oil pipeline system in Bolivia in multi-party litigation concerning environmental pollution claims resulting from a catastrophic oil spill
- acting for London reinsurers in litigation concerning the operations of a major power project in Thailand
- acting for the Overseas Private Investment Corporation (OPIC) in relation to litigation arising from the financing of petroleum-related trading enterprises in East Africa/Mauritius
- acting for a Canadian energy group in London arbitration proceedings concerning the construction of Korean nuclear power stations
- representing a US energy exploration group in LCIA arbitration proceedings concerning the prospecting and development of oil and gas resources in West Africa
Telecoms and Information Technology
Recent practice includes:
- acting for the leading Brazilian international telecoms corporation in relation to multi-jurisdictional litigation in London, Brazil and New York
- acting for the minority shareholders/investors in relation to litigation in Singapore, the Cayman Islands and the US arising from a pan-Asian telecoms joint venture
- acting for a leading multi-national technology corporation in international arbitration proceedings centred in Hong Kong arising in connection with cutting edge telecom technology transfer projects in China
- acting for a US corporation specializing in the field of submarine telecommunications in multi-jurisdictional litigation with a Brazilian sub-contractor
- acting for Hutchison Whampoa and another major Hong Kong corporation with substantial telecom interests in disputes concerning China joint venture businesses
Civil Fraud and Asset Recovery
Recent practice includes:
- acting for a leading emerging markets investment manager in relation to the recovery of investments in respect of a high value M&A transaction in Russia
- representing a major international bank in relation to asset tracing and recovery proceedings in London, Singapore, Hong Kong, the BVI and the Bahamas
- acting for a number of leading banks and building societies in relation to a complex UK-wide mortgage frauds
- acting in complex Commercial Court proceedings between IXIS-CDC, West LB, CIBC and Terra Firma arising out of the £1 billion Box Clever group securitisation
- acting for the minority shareholders/investors in relation to claims for fraudulent misrepresentation in litigation in Singapore, the Cayman Islands and the USA arising from a pan-Asian telecoms joint venture
- acting in multi-jurisdictional litigation in the Cayman Islands and the USA relating to fraud on minority shareholders in an international aircraft leasing joint venture
- acting for a leading international bank in cross-border litigation in England, Guernsey, Spain and Dubai in relation to a multi-million pound international fraud and conspiracy
- acting for Barclays Bank (at 1st instance and in the Court of Appeal) in relation to complex litigation arising from a fraudulent offshore investment scheme in Guernsey
- acting for the European Bank for Reconstruction and Development in Commercial Court litigation concerning project finance transactions in Turkey and Uzbekistan
- acting for London market insurers of a leading Bermudian bank in relation to class action litigation in the USA and Cayman Islands arising out of a multi-million dollar fraudulent scheme
Professional Negligence
Recent practice includes:
- acting for E&O insurers of a major UK asset manager in connection with negligence claims arising from a £50 million investment in a programme of Structured Notes
- acting in complex multi-party Commercial Court proceedings arising out of the £1 billion securitisation of the Box Clever group involving negligence claims against leading international investment banks as Arrangers and Joint Lead Managers
- acting in relation to multi-million pound claims for negligent fund management between a Guernsey trust and a leading international fund manager
- acting for Barclays Bank in relation to professional negligence claims against valuers and other professional advisers arising from a complex UK-wide mortgage fraud
- acting for the Man Group in litigation concerning alleged negligence in relation to foreign exchange trading/broking and fund management business
- acting for German film production companies in litigation against various UK brokers relating to film finance insurance
- acting for Lloyd’s of London in multi-million pound negligence proceedings against leading international insurance/reinsurance brokers arising out of the placement of insurance of the Lloyd’s New Central Fund
- acting for Sotheby’s in test-case litigation concerning the professional duties of international art auction houses
- acting for former auditors of Atlantic Computers in complex multi-party litigation involving negligence claims against merchant banks, auditors and other professional advisers arising out of the takeover of Atlantic Computers by British & Commonwealth
- acting for the auditors of Polly Peck, sued in connection with the activities of Asil Nadir and the ensuing financial collapse of the Polly Peck Group
- acting for Banque Bruxelles Lambert in landmark litigation involving negligence claims against professional advisers relating to commercial property-backed lending
Publications
Co-Editor “Commercial Court Procedure” (Sweet & Maxwell)
Co-Author “Law of Bank Payments” (Longmans)
Languages
French (fluent)
Italian (working knowledge)