Lesley Timms

Partner | London


Client Services Contact Federica Spagnoletti

Lesley is a partner in the litigation and arbitration team.

Recognized in Legal 500 as a Next Generation Partner, Lesley has developed a broad commercial practice with a focus on complex contractual disputes, mostly with an international aspect. She deals with mainly High Court disputes and international arbitrations under the LMAA, ICC and LCIA Rules across a variety of sectors including fashion, hotels, private aviationfood and wine, technology and construction. She frequently advises and acts for both owners and operators in relation to issues arising out of Hotel Management Agreements, particularly disputes concerning the parties’ rights on termination.

In the High Court, Lesley has been involved in the trial of a number of leading cases and has particular expertise in making and defending interim relief applications such as Worldwide Freezing Orders, Proprietary Injunctions and Norwich Pharmacal relief. Alongside this, she encourages early dispute resolution and has led many successful mediations.

Lesley leads the firm's international brands and fashion group, which focuses on developing, maintaining and protecting clients' brands and reputations. She often works with eponymous founders, senior creative professionals, commercial agencies and distributors. Lesley regularly advises start-up companies on their contractual arrangements and any risks with a view to avoiding future litigation.

As part of her broad commercial practice, Lesley regularly advises on issues of corporate and personal insolvency, restructuring and banking and finance. She also has a well-established aviation practice, acting for individuals and companies in disputes concerning the manufacture and sale of aircraft, and any related breaches of contract.

Lesley is a fluent Italian speaker and is passionate about continuing Withers' long tradition of helping Italian individuals and businesses with interests or claims in the UK.

Headshot of Lesley Timms

Me in a minute

I enjoy finding a way out of a seemingly impossible situation

My favourite part of the job, and the reason why I enjoy doing it so much, is solving a problem and finding a way out of a seemingly impossible situation.

Track record

A publicly listed major Life and Health insurance provider

Representing the company in various contract and commercial claims against agents, brokers and consumers.

Akhmedov v Akhmedova

Acted in the global enforcement of a £500million award against Farkhad Akhmedov, involving the seizure of aircraft in Isle of Man and a super yacht in Dubai following the successful application for a Freezing Order in the DIFC. In England, the team pursued an aggressive interim relief strategy which included applying successfully to pierce the corporate veil of the debtor's corporate structure. Lesley was also instrumental in applying for, and successfully obtaining Commercial Funding for the enforcement effort.

An eponymous 3 Michelin starred restaurant

Representing the restaurant in a dispute with the operator of a Hotel in Japan.

Fluidstack v Denvr Dataworks Corp

Represented AI tech company Fluidstack Limited in a High Court claim against Canadian Hardware seller, Denvr Dataworks Corp in a $11million claim for unpaid referral fees. The claim involved matters of contractual interpretation, oral variation, implied terms and estoppel by representation and/or convention. The claim settled on confidential terms.

Force India Formula One team Ltd v Aerolab SRL & ors [2013] EWCA Civ 780

Withers acted for the defendant, an Italian wind tunnel and engineering company tasked with the aerodynamic design of the Formula 1 car for Team Lotus. The claim involved allegations of misuse of confidential information and infringement of copyright and design right which was said to be worth in excess of €13million. Although the defendant admitted to a number of the allegations of misuse, the Court awarded damages in the amount of just €25,000. Thanks to a strategic Part 36 offer made early in the proceedings, Withers ensured that the defendant's costs were fully protected and paid for by the successful claimant.

Heritage Travel and Tourism Ltd v Lars Windhorst and Tennor International Holdings BV

Leading a claim against Lars Windhorst and his Tennor Group of companies (which owned Italian luxury fashion brand, La Perla) in which a debt arose under a settlement agreement which settled earlier disputes arising from several option repo transactions in the shares of companies connected with Mr Windhorst. The team obtained judgment in excess of £170million from the English High Court where issues of economic duress, implied conditions precedent, and unenforceable penalties were raised. Following this, we launched a global enforcement strategy which included coordinating private investigations, Oral Examination of Directors pursuant to CPR 71, an Application for Contempt of Court pursuant to CPR 81, liquidation proceedings in the Netherlands, debt enforcement proceedings in Switzerland and asset seizures in the US and Jersey.

Hotel Operator

Advised and acted for Hotel Operator in negotiations with Owner for an early exit from Hotel Management Agreement.

Hotel Owner

Represented an Owner in an arbitration (under the Swiss Rules of Arbitration) in which the Operator claimed damages for unlawful termination of the Hotel Management Agreement, where the Owner had terminated for material breach.

Insight

External publications

Admissions

  • England and Wales, 2008


Education

  • Cardiff University, LLB (Hons)


Languages

  • English
  • Italian

Memberships

  • Member of the London Court of International Arbitration LCIA (Young International Lawyers Group)

  • London Solicitors Litigation Association

  • Financial Services Lawyers Association

  • British Italian Law Association


Key dates

  • Year joined: 2006