12 02 2024
Meet our team in Cannes during MIPIM 2024
0
Tim’s recent cases include Darwall v National Park Authority (camping on Dartmoor), Esso v Breen (protester injunctions) and Circus Apartments v Canary Riverside (single largest piece of litigation currently, or ever, underway in the LVT). His reported cases reflect the diversity of his practice and many will be familiar to practitioners across a broad range of fields: eg Cobbe v Yeoman’s Row (proprietary estoppel), Chartbrook v Persimmon (contractual interpretation), Arnold v Britton (contractual interpretation), Peacock v Custins (easements), Regency Villas (easements), TfL v City of London (highways), Woolway (VO) v Mazars (rating).
Tim was featured by The Times as “Lawyer of the Week” for his work on protester injunctions in November 2022. For about two decades, he has consistently been ranked and described favourably in the directories.
As a junior barrister, Tim progressed through the Attorney-General’s panels of Treasury counsel culminating in the “A Panel”. This gave him privileged experience of advising in a variety of areas of law with land (usually) as the common thread – and also of appearing in Courts and Tribunals at all levels, at hearings, trials and appeals.
In silk, Tim’s work remains focused on the full gamut of real estate law, where he advises and appears in some of the most challenging and complex cases, often involving “crossover” issues where two or more disparate areas of law must be brought together. He has expertise in all aspects of conventional “Chancery”-type property law and landlord & tenant law, including its equitable aspects such as proprietary and other estoppels and constructive trusts, as well as rating law and valuation, rent review, land valuation, compulsory purchase and compensation law, planning law, the law of nuisance, tort law generally including the economic torts, highways law, local government law and public law - and professional negligence in these fields.
Tim provides advisory and advocacy services for private and commercial clients, central and local government bodies and other public bodies. Much of his work is highly sensitive.
Advocacy and Litigation Experience
Tim is an experienced litigator with appearances in a variety of tribunals including the Supreme Court, House of Lords, the Privy Council, the Court of Appeal, the High Court (Chancery Division, King’s Bench Division, Technology and Construction Court, Commercial Court, Administrative Court), the County Court, the Lands Tribunal (now the Upper Tribunal, Lands Chamber), various Valuation Tribunals and Leasehold Valuation Tribunals and planning and other statutory and non-statutory inquiries. He is an experienced cross examiner of factual and technical/ expert evidence.
Tim also has experience of sitting as a non-statutory inquiry inspector, arbitrator and legal assessor. He is a qualified ADR group mediator.
Notable cases
Over the past few years his main reported cases have been these:
Supreme Court:
Older House of Lords cases:
Court of Appeal:
Older cases of importance in their fields:
High Court:
Upper Tribunal:
Harding v. Secretary of State for Transport [2017] RA 271: compulsory purchase: whether the “hereditament” covered by the blight provisions included both elements of a property used for equestrian purposes even though separated by a road.
Clients
Tim’s clients include major landholdings, large commercial organisations, supermarket operators and other retailers, branches of the central government, governmental and quasi-governmental agencies, banks, pension funds, charities, local authorities and statutory bodies, as well as private individuals and companies.
Tim was appointed to the Treasury A Panel until taking silk. He is an experienced trial and appellate advocate, including in the Supreme Court / House of Lords and Privy Council.
Most of Tim’s work concerns land and he has a substantial “classic” Chancery and property law practice including: proprietary estoppel, fraud and constructive trusts, mortgages, land registration, commercial landlord and tenant litigation and arbitration (including rent review, business tenancy renewals, insolvency issues and dilapidations), overage agreements, disputed contracts for the sale of land, interpretation and rectification of development agreements other documents, restrictive covenants (including applications to the Lands Tribunal to modify or discharge restrictive covenants to enable residential and commercial development to proceed), easements, nuisance, trespass, adverse possession and disputed wayleave agreements both for and against statutory undertakers.
Tim has advised and acted for a variety of clients in relation to HS2, Crossrail, the Olympic CPO, the Channel Tunnel Rail Link CPO, the Bedford Bypass CPO, the Clapham Bypass CPO and other highway schemes; and in relation to the compensation payable under such schemes.
He also has extensive experience of the law of highways and town and village greens, as well as planning law and other more-or-less public law related aspects of land law. He has appeared as counsel at inquiries and in statutory appeals/ judicial reviews of decisions in these fields. he has also sat as a village green inspector.
Valuation
Tim’s work often brings him into contact with valuation questions, and not only in relation to rent review and dilapidations cases. He has appeared frequently in the Lands Tribunal in valuation cases.
Rates
Tim is one of the leading rating practitioners and has appeared frequently for HM Revenues & Customs as well as for ratepayers in a large number of the leading cases in this field.
Landmark's barristers often work at the intersection of our core practice areas; bringing a wide range of skills, knowledge and experience to bear on a particular dispute or issue facing a client.
Our focus is always on achieving the best possible outcome for our client. By viewing the client's objectives in a holistic way - and not purely through the lens of one rigidly-defined legal area - we deliver the best possible advice and representation in complex matters that engage multiple specialist areas of law.
Whether it's providing support as an individual cross-practice barrister or a cross-disciplinary team of Landmark counsel, we are able to draw on an outstanding array of complementary skillsets and knowledge bases. This often achieves a better result than instructing multiple barristers from different specialist sets. This also improves the quality of client care through increased levels of communication, quicker response times, and a coordinated approach to clerking and fees, made possible by our team-based cross-practice approach.
Please contact our practice management team for more information.
Tim is a qualified ADR Group Accredited Mediator.
A phenomenal barrister in whatever he does... perfectly suited to highly complex, technical cases."
news
12 02 2024
Meet our team in Cannes during MIPIM 2024
news
09 01 2024
Supreme Court gives permission to appeal in Darwall v Dartmoor National Park Authority
Full Presentation
09 11 2023
Annual Rating Conference 2023
Full Presentation
29 06 2023
Property Law Quarter Day update - Mixed Use Issues For Commercial Property Lawyers
news
10 02 2023
Landmark Chambers list of Attendees for MIPIM 2023
Full Presentation
30 11 2022
Annual Rating Conference 2022
Full Presentation
10 11 2022
Annual Rating Conference 2022
news
03 11 2022
Timothy Morshead KC is ‘Lawyer of the Week’ in The Times
Contact our friendly and helpful Practice Managers for more information about our barristers and services or to make an enquiry.
Practice Director
Practice Manager
Practice Manager
Assistant Practice Manager
