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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”.

Public Law

The development of Tim’s transport related practice grew originally out of major public law work he undertook for the transport industry in the early 2000’s (most notably the human rights case of International Transport Roth GMBH & Others v Secretary of State for the Home Dept (2002) (CA) 3 WLR 344, which resulted in one of the first declarations of incompatibility under the HRA).

He has continued to practise in public law and judicial review over the last 15 years, but the recent focus of his public law work has been in relation to Court of Protection / High Court in COP related matters. Recent wider public law work includes; advising on issues relating to the boundaries between public and private bodies, and a judicial review of a regulator arising from failures to issue a licence to trade.

Tim has an LLM specialising in International Human Rights Law and is a member of the Foreign & Commonwealth Office Human Rights lawyers unit.

Cases

Dale v Natural England & DEFRA (2015) (Upper Tribunal Administrative Chamber)

Essex County Council v P (2014) (High Court sitting as COP)

Romantiek BVBA v Secretary of State for Transport (2008) (Court of Appeal)

2 Lloyds Reports 453 Construction of criminal statutes relating to detention of property & compatibility with EU law and European Convention on Human Rights.

Sparrow v HM Coroner for West Somerset (2007) ACD 3

Lawtel, November 2007 Human rights challenge to the adequacy of a judicial investigation into the death of a Judge in a fire.

Sutovic v HM Coroner for West London (2006) ACD 70

LTL April 2006 Judicial review challenge over Government investigation into death of UK citizen in Serbia.

International Transport Roth v Home Office (CA) [2002] 3 WLR 344

Declaration of incompatibility with Art 6 of European Convention of Human Rights of provisions of UK legislation.

Akudo v Solicitors’ Regulatory Authority (Admin Court)

Iqbal v Solicitors Regulatory Authority (Admin Court)

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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