Tim is head of litigation and dispute resolution. He practises in the efficient resolution of complex commercial disputes by negotiation, mediation or litigation if need be. He specialises in disputes involving commercial contracts and warranties, professional indemnity, commercial fraud and corruption, commercial agency across a number of jurisdictions. He also has extensive experience in freezing and search and seizure orders. Tim is also a CEDR accredited mediator and well known mediation advocate.
Tim has been extensively quoted over the years in the Chambers and Legal 500 directories as a leader in his field. Chambers 2013 says this about Tim:
‘Clients praise Tim Constable as an "extremely intelligent and commercial lawyer" who "takes personal ownership of the relationship and ensures the quality of the work. He leaves his clients with nothing but confidence." Market sources rate him as the "star of the team" and strongly remark on his "tenacity" and ability to provide a "bespoke" service.’
The Office of Fair Trading (OFT) has issued a report warning that businesses must be more “transparent” with consumers about the way they collect and use data about them in order to offer personalised prices for goods and services online. The term ‘personalised pricing’ is used to refer to the practice where businesses may use… Learn more
The European Commission has published a report on the progress made in implementing its e-commerce action plan. In January 2012, the European Commission published a Communication on the issue of “building trust in the digital single market for e-commerce and online services”. In it, the Commission set out its action plan for removing the main… Learn more
The Department for Business Innovation & Skills has published guidance on the Consumer Rights (Payment Surcharges) Regulations 2012, which came into force on 6 April 2013. Payment surcharges are an additional charge for the use of a particular method of payment, usually credit or debit cards. The Consumer Rights (Payment Surcharges) Regulations 2012 prohibit traders… Learn more
New research has revealed a worryingly low understanding of the Distance Selling Regulations and returning products bought online. In its latest eCustomerServiceIndex, eDigitalResearch has revealed that of the 2,000 online consumers it surveyed, only 42 per cent had heard of the Distance Selling Regulations. However, even those consumers who were aware of the Regulations did… Learn more
New research has found that while UK businesses are on the whole embracing online retailing and investing in new technologies to increase sales via their websites, consumer smartphones and tablets, this may be coming at a price. Results of the third annual Sage Pay E-business Benchmark Report, which surveyed 1,500 online businesses, has revealed that… Learn more
The European Commission has recently adopted a Communication setting up a European Retail Action Plan (click here). As a part of the European Retail Action Plan, the European Commission has published a Green Paper on unfair trading practices in the business-to-business food and non-food supply chain, with the overall objective of improving the supply chain… Learn more
The European Commission has recently adopted a Communication setting up a European Retail Action Plan. The Communication has identified barriers and bottlenecks that are hampering the creation of an efficient and competitive Single Market in the retail sector. It has therefore set out a European Retail Action Plan which aims to address the two key… Learn more
A study by Skava, a US-based mobile app company, has found that only 50 per cent of the top 100 UK retailers have optimized their websites for mobile devices, compared to 100 per cent of the top US retailers. The finding is quite alarming, especially as independent retail analyst Verdict Research has recently predicted that… Learn more
IMRG, the UK online retail trade association, has predicted that cross-border sales by UK retailers will hit £10bn in 2013, up from £7.4bn in 2012. Cross-border sales in the EU are undoubtedly growing and IMRG predicts that these sales will rise from €26bn in 2012 to €36bn in 2013, accounting for 10.6 per cent of… Learn more
Traditionally, English law has not recognised a general duty to act in good faith in contractual relations. However, in its recent ruling in Yam Seng PTE v International Trade Corp [2013] EWHC 111 (QB), the High Court has held that a distribution agreement did contain an implied duty of good faith. My colleague, Justine Ash,… Learn more