Timothy Clarke

Call 1992

Tim offers advice and representation in both contentious and non-contentious work relating to real property, wills, the administration of estates and trusts and partnerships. He has particular expertise in probate disputes and Inheritance Act claims. He also advises on matters of Ecclesiastical Law.

Tim advises on any issue involving land: buying and selling; registration and rectification; adverse possession; mortgages; easements and restrictive covenants; co-ownership and trusts of land, and proprietary estoppel.

He has recently been involved in cases where specific performance has been sought; in appeals from party walls awards and an adverse possession claim by tenants. He has also advised in cases relating to exclusive rights of burial in cemeteries.

He also advises on professional liability issues arising from property transactions.

Tim advises trustees and beneficiaries in relation to the administration of trusts.

Tim will advise on all matters relating to wills, probate and the administration of estates, from advice on the drafting of wills; questions about validity whether formal or substantial, particularly testamentary capacity; through disputes about obtaining grants and Inheritance Act claims, to administration actions and removal of executors and administrators. He has recently been involved in Inheritance Act claims by spouses, cohabitees and children; disputes involving questions of testamentary capacity; disputes as to the valuation of an estate where the deceased was a partner in a business and a case involving mutual wills. He has advised executors and administrators, as well as beneficiaries.

Tim has appeared in the Court of Protection and advised in cases involving disputes over the appointment of deputies, sales of a patient’s real property and statutory wills.

Tim covers all areas of Landlord and Tenant law, whether business, residential or agricultural, including claims to possession, lease renewal, relief from forfeiture, enfranchisement, service charges and succession. Recent cases have involved contested renewals of business tenancies, a service charge dispute where the works were covered by an insurance policy and the construction of a break clause.

Tim has advised and provided representation at consistory court hearings in relation to faculty applications. Tim has expertise in cases relating to burial and exhumation

Tim accepts instructions under the Bar’s Public Access scheme.

  • Cases of interest
    • Avon Ground Rents Ltd v Cowley [2018] UKUT 92 (LC) An appeal from a decision of the F-tT which had determined that in assessing the sums reasonably payable by way of advance service charges, it should take into account payments which were likely to be made under an NHBC warranty. The appellant contended that the NHBC payment was insufficiently certain. The appeal was dismissed.
    • Re The Shri Guru Ravidass Sabha, Southall [2017] EWHC 1255 (Ch) A consideration of the approach to be taken by the Court when enforcing a number of Charging Orders relating to a joint and several liability.
    • Kell v Jones [2013] WTLR 507, Ch D. A claim for the rectification of a will pursuant to section 20 Administration of Justice Act 1982.
    • Fitzhugh v Fitzhugh [2012] EWCA Civ 694; [2012] 2 P&CR 14. A dispute relating to the termination of a contractual licence where the licensee was also one of the licensors.
    • Re St John, Walsall Wood [2010] 12 EccLJ 409, Lichfield Consistory Court. The Court allowed the second exhumation of a body incorrectly interred in a plot already reserved by faculty.
    • Re St Mary & St Hugh, Harlow [2010] PTSR 1976, Chelmsford Consistory Court. A case concerning the reordering of the interior of the Church. The importance of the Statement of Significance particularly considered.
    • Worcestershire CC v Tongue [2004] EWCA Civ 140. The Court considered the powers of the civil court and concluded it had no power to grant an injunction enabling a local authority to go onto land and remove animals.
  • Qualifications & appointments

    Deputy Chancellor, Diocese of Derby

  • Memberships
    • Midland Chancery and Commercial Bar Association
    • Property Bar Association
    • Ecclesiastical Law Society
    • Ecclesiastical Judges’ Association
  • Education

    MA (Cantab.), Jesus College

  • Publications

    Westlaw Insight Online Encyclopaedia: Ecclesiastical Law: Articles on Faculty Jurisdiction and Clergy Discipline.

  • Personal interests

    Choral singing; music, particularly opera, beekeeping; skiing

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