Tim Pullen
Barrister
1993
tpullen@kbgchambers.co.ukPractice Overview
Tim is a very experienced civil practitioner. He came to the Bar late after working for some years for the Greater London Citizens Advice Bureau Service as a full time professional adviser and then a social security tribunal representative.
He was called to the Bar in 1993 and practiced in London from the Chambers of David Barnard. Tim quickly developed a broad civil practice with a specialisation in employment law. He was fortunate to be instructed by large trade unions from an early stage of his career at the Bar giving him the opportunity to appear regularly in appellate tribunals.
In 2001, Tim joined Chambers in Truro on a part time basis but continued to practice from London. In 2004, he moved to Doughty Street Chambers joining its employment and housing teams. Over the last few years, Tim has based himself entirely in Cornwall and now practices solely from Chambers’ Truro and Plymouth sites. He advises and represents clients in cases concerning land law, the law of landlord and tenant, insolvency, personal injury and contractual disputes as well as housing law.
Tim is very approachable and is always willing to discuss cases informally with solicitors. He also accepts public access cases.
Practice Areas
Property Law
Tim also advises and represents landlords and tenants in residential and commercial leasehold disputes. This area of his practice overlaps with his housing practice and includes:
• Possession claims
• Forfeiture
• Disrepair/dilapidations
• Breach of covenant
• Renewal under Part II of the Landlord and Tenant Act 1954
• Claims and defences under the Equality Act 2010
Land Law
Tim acts in a wide variety of property-related cases and represents clients in the Courts, Lands Tribunal, in Land Registry adjudications and also on mediations. His familiarity with other specialist areas of law, such as professional negligence and trusts of land and experience of ancillary relief, are of particular use in a field in which overlaps with those disciplines are common.
Specific areas of expertise include -
• Sale of land
• Boundaries, easements and rights of way
• Claims for Possession
• Restrictive Covenants
• Adverse Possession
• Torts affecting land
• Proprietary estoppel
Housing
Tim has a wide experience of housing and related public law. He is instructed by both landlords, including local authorities and social housing providers and tenants. His practice encompasses the full range of housing disputes including:
• Possession claims
• Claims/defences of disability discrimination under the Equality Act 2010
• Article 8 defences
• Disrepair/dilapidations
• Anti-social behaviour and injunctions
• Nuisance allegations
Tim has extensive experience of representing vulnerable and disabled tenants many suffering psychiatric illness and achieving a favourable outcome for them.
Tim has experience in a wide range of personal injury work on both the Fast and Multi Track including:
• Road Traffic Accident Claims
• Occupiers Liability
• Cases involving workplace accidents/Employers Liability
• Health and Safety
• Cases involving allegations of fundamental dishonesty
Tim has advised and represented clients in all types of contractual disputes, both commercial and private, in the County and High Courts including
• Sale of Goods and Service
• Consumer Credit
• Building Contracts
Insolvency also forms a part of Tim’s Practice. He has advised and represented clients in:
• Bankruptcy Proceedings
• Winding Up Proceedings
• Applications To Set Aside Statutory Demands
• Proceedings Involving Antecedent Transactions
Tim regularly advises on all aspects of property disputes regarding trusts of land. This includes disputes between family members, cohabitees, over commercial property and joint ventures. Recent cases have concerned a dispute over an extensive commercial property portfolio purchased and registered in the name of one family member but funded with the help of two other family members and a joint venture dispute regarding development property. Tim also has experience of cases involving proprietary estoppel and has advised in farm inheritance and other disputes relying on the doctrine.
Tim advises clients on all aspects of the Mental Capacity Act 2005 including DOLs cases and welfare applications under section 16 of the Act. He regularly represents local authorities, clinical commissioning groups and other bodies and individuals in the Court of Protection.
Qualifications
- Called to the Bar: 1993 Middle Temple
Cases of Note
• Cornwall Council v G (2021), Truro County Court: Advised local authority in claim involving difficult limitation issues which was successful in recovering substantial care home fees from the resident’s estate.
• K v CP (2021): Acted for and advised employee in successful claim in employment tribunal for unfair constructive dismissal because of workplace bullying and resultant personal injury claim.
• X v ALA (2021) Court of Protection (2021):Acting for local authority in welfare application under section 16 MCA 2005 and sensitive case where it is alleged parent undermining adult disabled child’s care.
• McDuffus v Asda Stores Ltd (2019) Leeds County Court: Acted successfully for customer of Asda in substantial defective product claim where Defendant supplied plastic carrier which split causing glass shard to seriously injure her eye.
• Crowther v Aggett (2019) Plymouth County Court: Obtained successful outcome for client in case concerning complex right of way dispute and counterclaim of a natural nuisance.
• De Unger v Chevallier (2020) Truro County Court: Acted for and advised clients in complex case concerning boundary dispute and enforcement of a restrictive covenant. Case settled to satisfaction of client.
• Green v Mackay (2016) Bristol High Court/Exeter County Court: represented clients in claim under Protection From Harassment Act1997 against neighbour. Successful in obtaining injunction and costs following appeal to High Court and four day trial.
• A v Cornwall Council (2017) High Court, Exeter District Registry: Successfully defended complex claim against local authority under Human Rights Act 1998 alleging breach of Arts 8 and 9 of the European Convention on Human Rights.
