Timothy Otty QC

Tim has substantial experience of major commercial litigation before both the Commercial Court and domestic and international arbitral tribunals. He has been involved in a series of cases involving allegations of large scale fraud both in this jurisdiction and internationally and spanning the insurance and reinsurance industry, commodities transactions and oil supply contracts.  He has acted for major accountancy firms in claims relating to allegedly negligent share valuations and has a particular expertise in private international law and all aspects of media related commercial litigation including ownership disputes over valuable paintings and manuscripts, contractual distributorship and licensing disputes, and the pursuit of injunctive relief relating to Article 8 privacy rights.  His experience of international human rights law has also led to his involvement in asset freezing cases relating to United Nations Security Council resolutions.

• Nautilus Fiduciary Services Limited v Marquess of Milford Haven (2011) (Ch D)
  Application to unseal Court file in Chancery Division in aid of Commercial Court action relating to alleged share sale fraud. 
• Newell v US Risk (UK) Limited (2011) (Chancery Division)
  Alleged unfair prejudice to minority shareholder. Interpretation of shareholder agreement.
• XY v International Paralympic Committee (2011) (CAS)
  Appeal to Court of Arbitration in Sport re exclusion of athlete from IPC World Championships. 
• Al Ribiai v Government of Kuwait (2010) (QBD)
  Multi-million dollar jurisdiction dispute; application of State Immunity Act 1978 and Civil Jurisdiction and Judgments Act 1982 to enforcement of Iraqi judgment relating to seizure of vessel in Iraqi / Kuwaiti territorial waters. 
• Provision of expert opinions on enforcement of foreign judgments for use in international proceedings (2010)
• X v HM Treasury (2010) (Administrative Court)
  Obligations of United Kingdom to seek de-listing of individuals subject to United Nations listing and EU asset freezing.
• Hainzl Industrie GmbH v Channel Tunnel Group Limited (TCC) (2008)
  Contractual dispute re Eurostar fire detection safety equipment.
• Dixon Stores Group v Orange Plc (Commercial Court) (2008)
  Joint venture dispute re lap top / mobile internet promotion.
• X v Y (Arbitration) (2007)
  Multi-million dollar reinsurance dispute relating to losses caused by Hurricane Katrina.
• Elkin and Others v Price Waterhouse Coopers (QBD) (Birmingham District Registry) (2007)
  Pre-flotation share valuation dispute.

• X v Y (Commercial Court & Arbitration 2004-2006) fraudulent misrepresentation claims relating to oil supply contracts
• Rachmaninoff and Others v Sothebys (QBD) (2004 - 2005) ownership dispute relating to musical manuscript
• Bradford & Bingley v Markel Syndicate (Commercial Court) (2004-2005) endowment mis-selling claims
• A v B (Arbitration) (2004-2005) Multi-million pound PFI contract rectification dispute;
• Madam Tussauds New York Inc v Ace Insurance S.A. NV (Commercial Court) (2003) business interruption insurance dispute re 9/11 terrorist attacks
• XL Re v Sony Pictures Entertainment and Others (Commercial Court 2002-2004) film finance fraudulent misrepresentation claims
• Huyton v Dipasa (Commercial Court & Court of Appeal 2002 & 2003) commodities fraud claims
• ABCI v Banque Franco-Tunisienne and Others (Court of Appeal) (2003) jurisdiction dispute relating to fraud and forgery
• Montenegrobanka v Bishopscourt Limited (Court of Appeal) (2002) jurisdiction dispute relating to banking claims
• Knauf UK GmbH v British Gypsum and Another (No.1) (2002) (Court of Appeal)
• Matter v Judah (QBD) (2000) ownership dispute relating to Jackson Pollock painting
• Shering v Halcyon Galleries and Others (QBD - 2000) ownership dispute relating to Sir William Russell Flint painting

Tim has appeared before domestic and international courts in some of the most high profile public law and human rights cases of recent times.  Between 2004 and 2008 he acted for amicus curiae in three cases relating to the Guantanamo Bay detentions before the United States Supreme Court.  Between 2005 and 2009 he appeared before the House of Lords in a series of cases relating to admissibility of evidence obtained by torture and the impact of Article 6 of the European Convention on anti-terrorist legislation.  Since 1994 he has appeared in over forty cases before the European Court of Human Rights and in 2009 and 2010 he appeared before the Privy Council in two cases relating to judicial misconduct in Gibraltar and in the Cayman Islands.  In 2008 and 2010 he appeared for the Government of the Russian Federation in major extradition proceedings relating to financial fraud.  Since 2008 he has acted as Leading Counsel in damages claims brought by former Guantanamo detainees against the United Kingdom’s Security Services for complicity in torture.

• R (Evans) v The Lord Chancellor & Anor [2011] EWHC 1146 (Admin), 12.5.11
  The court quashed amendments to the Legal Services Commission Funding Code, which restricted the availability of legal aid in public interest judicial review cases, because the Lord Chancellor and Secretary of State for Justice had taken into account irrelevant considerations when making their decision. 
• M1 v Secretary of State for the Home Department (SIAC) (2011)
  National Security deportation of EU citizen. Meaning of “imperative grounds” for removal.
• JI v Secretary of State for the Home Department SIAC (2011)
  National Security deportation to Ethiopia 
•  XY v International Paralympic Committee (2011)
  Appeal to Court of Arbitration in Sport re exclusion of athlete from IPC World Championships.
• Re Madam Justice Levers (Privy Council) (2010)
  Constitutional reference re removal from office of Grand Court Judge of Cayman Islands.
• Dudko v Government of the Russian Federation (Divisional Court) (2010)
  Extradition relating to tax fraud; relevance of jurisdiction to challenge prosecutorial misconduct; importance of specificity in charges.
• XX v Secretary of State for the Home Department (SIAC) (2010)
  Lawfulness of deportation to Ethiopia pursuant to Memorandum of Understanding.
• Carson and Others v UK (Grand Chamber ECt HR) (2010)
  Alleged discrimination due to non-uprating of state pension.
• Secretary of State for the Home Department v AF & AE (Admin Court and Court of Appeal) (2010)
  Entitlement of controlled persons to ab initio quashing of control orders and compensation.
• Secretary of State for the Home Department v Al Saadi (Admin Court) (2009)
  Necessity for ongoing control order.
• Al Rawi and Others v Security Services and Others (QBD) (2009)
  Availability of closed procedures to try civil damages claim.
• Re Chief Justice of Gibraltar (Privy Council) (2009)
  Constitutional reference re removal from office of Chief Justice of Gibraltar.
• Secretary of State for the Home Department v AF (House of Lords) (2009)
  Disclosure requirements of Article 6 in control orders.

Tim’s public international law work has had a particular focus on human rights, humanitarian law and constitutional law. In 2008 and 2009 he was Counsel to the Tribunal in Constitutional Tribunals of Inquiry held in both Gibraltar and the Cayman Islands.  He has appeared in more than 40 cases before the European Court of Human Rights and three cases before the United States Supreme Court.  He has particular experience of cases concerned with internal conflict and claims to secession having acted in cases concerned with the Kurdish conflict in South East Turkey and the Russian incursion into South Ossetia.  Tim is an acknowledged expert in the law of armed conflict and teaches at the London School of Economics on the highly acclaimed post-graduate course "Law, War and Human Rights". He has also provided judicial training in international law for the International Bar Association and the Foreign and Commonwealth Office in Hungary, Palestine, Turkey and Serbia and has taught at the Georgetown University human rights law summer school.  He was a visiting fellow at Oxford University in the year 2009/2010 and has taught on the BCL course there.

• Youseff v Secretary of State for Foreign and Commonwealth Affairs (2011) (QBD)
  Judicial review of United Kingdom’s conduct before UN Security Council.
• Orozco v Attorney General of Belize (2011) Belize High Court
  Constitutional challenge to criminalisation of homosexuality. Counsel for Commonwealth Lawyers Association, Human Dignity Trust and International Commission of Jurists. 
• Al Ribiai v Government of Kuwait (2010) (QBD)
  Multi-million dollar jurisdiction dispute; application of State Immunity Act 1978 and Civil Jurisdiction and Judgments Act 1982 to enforcement of Iraqi judgment relating to seizure of vessel in Iraqi / Kuwaiti territorial waters. 
• X v HM Treasury (2010) (Administrative Court)
  Obligations of United Kingdom to seek de-listing of individuals subject to United Nations listing and asset freezing.
• Tribunal of Inquiry re Madam Justice Levers (2009)
  Constitutional inquiry re removal from office of Grand Court Judge of Cayman Islands.
• Tribunal of Inquiry re Chief Justice of Gibraltar (2008)
  Constitutional inquiry re removal from office of Chief Justice.
• Boumediene and Others v George W Bush and Others (US Supreme Court) (2008)
  Availability of constitutional right to habeas corpus at Guantanamo Bay.

• Hamdan v Rumsfeld (US Supreme Court) (2006)
  Application of Geneva Conventions to Guantanamo Bay detentions.
• Ocalan v Turkey (2005)
  Death penalty held to have no place in modern democratic society and to breach Articles 3 and 6 of European Convention.
• Rasul v Bush (US Supreme Court) (2004)
  Availability of statutory right to habeas corpus at Guantanamo Bay.

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