Barrister Profile  

Timothy Clarke Call: 1992
  • Community Care / Court of Protection
  • Ecclesiastical
  • Housing
  • Landlord and Tenant
  • Probate and Wills
  • Property
  • Public Access


Tim offers advice and representation in both contentious and non-contentious work relating to real property, wills, the administration of estates and trusts. He has particular expertise in probate disputes and Inheritance Act claims. He has appeared in the Court of Protection and advised on disputes relating to the appointment of deputies and Lasting Powers of Attorney (Property and Financial Affairs).

He deals with all types of Landlord and Tenant disputes, business, residential and agricultural, including leasehold enfranchisement.

Tim also advises on matters of Ecclesiastical Law.

Areas of Practice

Community Care / Court of Protection

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.

Landlord and Tenant

Tim covers all areas of Landlord and Tenant law, whether business, residential or agricultural, including claims for possession, lease renewal, relief from forfeiture, enfranchisement, service charges and succession.


Tim has experience in disputes relating to residential property, particularly possession, disrepair and unlawful eviction, arising under the Rent Act 1977 and the Housing Acts.

Probate and Wills

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, Tim will advise on all matters relating to wills, probate and the administration of estates.


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 also advises on professional negligence issues arising from property transactions.

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


Advice and representation at consistory court hearings in relation to faculty applications.

Public Access

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

Noteworthy Cases

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; [2004] Ch 236. 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.

Legal Publications


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


Midland Chancery and Commercial Bar Association

Property Bar Association

Ecclesiastical Law Society

Ecclesiastical Judges’ Association


Deputy Chancellor, Diocese of Derby

Pupil Supervisor

MA (Cantab), Jesus College, Natural Sciences and Law