Tim has a broad range of experience encompassing both residential and commercial property disputes as well as general property portfolio management and has advised clients that have included high net worth individuals, SMEs, multinational companies, Cambridge colleges, building societies, property developers, local authorities, charitable housing associations and an international estate agent.
Tim’s primary practice areas include contested lease renewals, issues arising out of the exercise of break options, possession claims, dilapidations claims, party wall appeals, trespass and nuisance claims and disputes over easements. Tim has previously advised on Land Registration issues, including rectification, alterations to the register and adverse possession.
Tim is also a Solicitor-Advocate with Higher Rights of Audience (Civil). So in addition to advising on claims in his capacity as Solicitor that have been before the First-Tier Tribunal (Property Chamber), County Court and High Court, Tim has also acted as an Advocate before the Magistrates’ Court (Civil Debt), County Court and on interim applications in the High Court.
Recent work highlights
Merlin Real Estate Limited v Balaam [2024] 4 WLUK 613 – application of the civiliter principle in right of way disputes in the context of development land.
Acting for a local authority in the High Court in a 7-figure professional negligence claim relating to advice given with respect to a section 106 agreement.
Acting in disputed prescriptive right of way proceedings in the First-Tier Tribunal which settled on the eve of trial in the summer of 2024.
Defending a local authority against injunctive proceedings relating to the alleged breach of a settlement agreement which settled at mediation during the summer of 2024.
Norfolk Land Development Limited v Turner and Turner 2021 – visibility splay and boundary location dispute.
Welter v McKeeve 2018 – extent of duty to mitigate loss recoverable under the Party Wall etc. Act 1996.
Experience & education
2024-Present – Senior Associate, Birketts
2021-2024 – Associate, Birketts
2019-2021 – Solicitor, Ashtons Legal
2017-2019 – Solicitor, Morr & Co LLP
2017 – Qualified as Solicitor
[Tim is] solid under fire – you would want him in your team
Legal 500 [UK 2024]
Insights
-
legal updateNuisance (business) neighbour? Some useful guidance
Timothy Kirkconel17 Feb 20235 min read32 -
legal updatePrivacy and visual intrusion: the Tate Modern caseTimothy Kirkconel1 Feb 20234 min read17
-