Tim Malloch Managing Associate

Contact Information

+44 20 3321 6141

Personal Profile

Tim is a Managing Associate in Mishcon Private with particular experience in dispute resolution. He has advised on a wide range of high-value commercial disputes including: financial services/banking disputes, shareholder disputes, judicial review proceedings, arbitrations, professional negligence and civil fraud matters.

In addition to commercial dispute resolution Tim has advised on regulatory/public law matters in a range of different industry sectors and has an established track record for negotiating apparent obstacles in EU Directives. He also contributes regularly to the New Law Journal.

Tim has cycled from Ushuaia, Argentina to Prudhoe Bay, Alaska.

He speaks conversational Spanish and Japanese.

Key Experience

Dispute resolution matters Tim has advised on recently include acting for:

  • an investment manager in three disputes with a major UK bank relating to the timing of the redemption of the bank's investment in a hedge fund.
  • the claimants in High Court proceedings involving disputed royalty payments from an iron ore mine in West Africa with estimated reserves of 1 billion tonnes.
  • a claimant in High Court proceedings challenging the legality of HMRC's decision to set off alleged historic tax liabilities against a tax tribunal award (Emblaze v HMRC [2012] EWHC B7).
  • a company director and minority shareholder of a private security company registered in Singapore in a shareholder dispute alleging oppressive conduct by the majority shareholder.
  • a company director in a High Court claim for an alleged breach of his fiduciary duties, including advising on the potential legal sanctions in respect of the company obtaining unauthorised access to his personal email account.
  • a company director and shareholder of a property company and providing the company's banks with an explanation for certain balance sheet movements in the company's accounts.

Tim's most notable regulatory achievements include persuading:

  • the UK government (DECC) that in order to comply with Directive 2001/42/EC it would be prudent to conduct a Strategic Environmental Assessment (SEA) in respect of its plan to grant consent to a new generation of "capture ready" coal power stations. On the same day that DECC announced it would conduct an SEA it also announced a ban on the construction of coal power stations that did not capture their carbon emissions. This policy was reported as: “[The] single most important green measure yet by this Government. It is the first time that a Secretary of State for Energy has overridden the irredeemably pro-pollution position of his department. And, by establishing what can, and cannot, be built, it marks the end of laissez-faire energy policy in Britain.” (The Independent, 26 April 2009).
  • the UK government to introduce an Emission Performance Standard to limit the carbon dioxide emissions from UK fossil fuel power stations (2010 Coalition Agreement and Chapter 8 of the Energy Act 2013).
  • the UK government (ORR) that rail freight operator EWS’s application for a long-term track access agreement was compatible with Article 17 of Directive 2001/14/EC.
  • an energy company to withdraw a notice served under Schedule 4 of the Electricity Act 1989 that purported to require the felling of trees and hedges that were growing beneath its power lines.

Career History

Managing Associate, Mishcon de Reya LLP
Solicitor, The Khan Partnership
Senior Lawyer, ClientEarth
Senior Associate, Freshfields Bruckhaus Deringer
Trainee Solicitor, Macfarlanes
Nottingham Trent University, LPC
Nottingham University, LLB