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Tim Nesbitt

Tim Nesbitt

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Tim Nesbitt has over 20 years experience acting as an advocate and adviser in a number of areas of commercial, regulatory and public law.

The commercial and regulatory work Tim undertakes is often linked, and often involves issues arising out of the commercial transport and financial services sectors.

In the commercial transport sector, Tim has a particular depth of experience and expertise, with work ranging from regulatory public inquiries and appeals from public inquiries through to private commercial litigation and arbitration.

Tim’s work in the financial services sector has included a recent extended period advising the Financial Conduct Authority on issues relating to the financial crisis in 2008 and assisting in the drafting of new rules relating to the regulation of the consumer credit industry. Tim also has a strong track record of acting in a wide range of general commercial cases, and has recently been engaged in a number of arbitrations, including as an arbitrator.

Tim also undertakes a wide range of other regulatory work, including professional disciplinary work, and regulatory crime (especially health and safety and environmental and motor crime).

Tim acts for a range of professionals in disciplinary proceedings, including the medical profession, but is particularly well known for his work acting for solicitors in the Solicitors’ Disciplinary Tribunal, in relation to which he has acted in some of the most substantial cases in recent years.

In addition to his regulatory and commercial work Tim has undertaken public law for many years. The particular focus of his public law work in recent years has been in relation to the Court of Protection as part of the Outer Temple COP team, and he appears very regularly for Local Authorities and other parties in COP proceedings.

Tim’s qualities as an adviser and advocate are consistently recognised by professional clients who especially cite his sharp powers of legal analysis, his skills as an advocate, and his tenacity and commitment to his client’s cases. Recent feedback includes: “utterly brilliant”; “his commitment [is] outstanding and exceptional”; “brilliant skills in cross examination”; “preparation he put [in is] …immense”; leaves “no stone unturned”.

Disciplinary & Regulatory

Tim has a strong practice in solicitor’s disciplinary work, and has defended solicitors in many of the largest cases dealt with by the Solicitors’ Disciplinary Tribunal in recent years. He has attracted particular praise for his handling of difficult cases, often achieving career-saving results.

His practice in this area also often includes Appellate work in the higher Courts, and recent successes include Akudo v SRA (2013) in which he succeeded in establishing an important principle limiting the regulatory liability of partners.

Tim also has considerable experience of acting in a full range of professional regulatory and disciplinary Tribunals, including defending doctors before the GMC, other health care professionals before their regulatory bodies (such as NMC, GDC), and acting in appeals before the Football Association and in Police Misconduct hearings.

In addition to this regulatory/ professional disciplinary work, Tim is possibly the leading practitioner at the Bar in relation the domestic and EU regulation of the commercial transport industry. He has probably conducted more appeals from regulators’ decisions than any other member of the bar in this area. Some of his many appellate successes have resulted in substantial changes to the law.

He regularly acts for private and public sector clients in public inquiries and appeals in the higher Courts arising from transport operations. Clients regularly include blue chip companies and/or household names in the transport sector.

Tim’s Upper Tribunal regulatory work also regularly involves acting in appeals in the First Tier Tax Tribunal, especially in relation to appeals against Customs & Excise decisions.

Cases

FS Gibbs Transport Limited v Vehicle & Operator Services Agency (2007) RTR 17

CSG Transport Ltd v Vehicle and Operator Services Agency (Admin Ct – Lawtel, March 2006)

Re: Anglorom Trans UK and another (CA) (2005) RTR 74

Muck It ltd v Department of Transport (CA) The Times 13th October 2005

Akudo v Solicitors’ Regulatory Authority (Admin Court)

Iqbal v Solicitors Regulatory Authority (Admin Court)

Vehicle and Operator Services Agency v Jones (Admin CT) The Times 13th October 2005

John Mann International Transport Limited v VOSA (Admin Ct) (2005) RTR 8

Construction of EC directive.

Loane Transport Ltd v SS of State for the Home Department (2004) EWCA Civ 1013

CA ruling on approach to penalty assessment.

Loane Transport Ltd v SS of State for the Home Department (2004) EWCA Civ 1013

CA ruling on approach to penalty assessment under Immigration and Asylum Act 1999.

R v North Leicester Ltd (2004) RTR 29

VOSA v George Jenkins Transport (Admin Court) The Times, 5/12/2003

Bryan Haulage No 1 Transport Tribunal

Leading authority on approach to balancing exercise in transport context.

Bryan Haulage No 2 Transport Tribunal

Leading authority on approach to be adopted to revocation of licences to make proceedings compatible with ECHR/ Article 1 of First Protocol.

Appointments & Memberships

  • COMBAR
  • Health & Safety Lawyers Association
  • Human Rights Lawyers Association

Areas of Law


Testimonials


“He achieves great results in the most difficult of cases.” Professional Discipline and Regulatory Law, Legal 500 2017

“Very bright, exceedingly nice and very good in court.” Professional Discipline and Regulatory Law, Legal 500 2016

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