Lesley Timms

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

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.

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

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.

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.

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.

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

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.