Tim Toomey

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.