Partners

Tim Goodger

Tim Goodger is partner specialising in complex commercial litigation and insolvency law.

He qualified as a solicitor with Elborne Mitchell in 1992, becoming a partner in 1999.

As well as advising on insurance and reinsurance law, both non-marine and marine, Tim leads the firm’s insolvency team advising on corporate insolvencies. As a result he has a particular expertise in dealing with insolvencies of insurance/reinsurance undertakings and insurance brokers/intermediaries, for which he is mentioned in the Legal 500. He works with the leading market names and leading insolvency practitioners.

He regularly advises on the rights and liabilities of various professionals including those of insurance brokers/intermediaries and related regulatory issues, solicitors, surveyors as well as dealing with directors' and officers' liability issues.

Areas of particular focus and expertise include advising on insolvencies and schemes of arrangement, as well as the FSA client money rules (contained in CASS) and binding authority issues. See recent articles below.

Tim is a member of the Professional Negligence Lawyers Association, the Insolvency Lawyers Association, as well as the International Association of Insurance Receivers.

In his spare time Tim shoots competitively.

E-mail: goodger@elbornes.com

Articles by Tim Goodger

Are marine market participants really seeking change?
A Law Commission consultation paper in the UK recommends reforms to give marine brokers better protection in the event of a policyholder defaulting on payment of premium. Whilst supporting the proposals, questions must be raised as to whether market participants want change. First published: Insurance Day [13th August 2010]

Scottish Lion – a flick of the tail
Tim Goodger and Ed Stanley (partners of Elborne Mitchell) discuss the recent judgment of the Inner House Court of Sessions in respect of The Scottish Lion Insurance Company Limited's petition for a solvent scheme of arrangement. On 29 January 2010, The Inner House ruled that The Scottish Lion Insurance Company’s appeal, against dismissal of its petition on the grounds given by Lord Glennie at first instance, had been successful. First published: EM Website [5th February 2010]

Tim Goodger comments on the FSA’s recent publication of “Client Money & Assets report” and subsequent announcements.
Tim has been advising on the FSA client money rules and related issues in the insurance sector since implementation of the rules in 2005. First published: Elborne Mitchell website [22nd January 2010]

Lehman Brothers and the use of a scheme of arrangement for client trust accounts
The debate as to whether claims in respect of client trust accounts, held by an insolvent entity, can be the subject of a scheme of arrangement or whether distribution of those monies can only be effected under the CASS rules has come to a final resting place, at least for now. First published: mEMo Edition 40 [15th December 2009]

Rights of appeal from dispute resolution processes. What is final?
Parties should give careful consideration to the terms in re/insurance contracts and scheme of arrangements about the reviewability of dispute resolution decisions. Different dispute resolution processes and the language used in dispute resolution clauses can lead to different results, including the curtailment of a contracting parties’ rights of appeal. In this article, Tim Goodger highlights the different dispute resolution processes available and considers two recent decisions addressing these issues. First published: EM Website [18th November 2009]

Client trust accounts – can they be schemed?
Tim Goodger discusses the recent High Court decision involving Lehman Brothers International (Europe) which addresses the question of whether trust claims against a company (where it has constituted itself as trustee) can be the subject of a scheme of arrangement under Part 26 of the Companies Act 2006. This decision highlights the increasing interplay between the FSA's regulatory regime, trust law and company/insolvency law. First published: EM Website [16th October 2009]

Can a trust be trusted? – Client money rules and the impact of Re Global Trader Europe (Limited) In Liquidation
The implications of the judgment in Re Global Trader Europe (Limited) In Liquidation are highly significant for the insurance industry and, in particular, dealings with insurance intermediaries and should not be underestimated. Until recently the FSA’s client money rules set out in the Client Assets Sourcebook (CASS) for intermediaries have not been the subject of litigation or a judgment of significance. This recent decision has provided the first glimpses of how the Court will approach the CASS client money rules in the context of insolvency and the law of trusts. First published: mEMo Edition 39 [8th October 2009]

Pre-pack Administrations and CVAs
A pre-negotiated sale of all or part of a business or assets owned by a company immediately on the appointment of an administrator, where a company is in the twilight of insolvency, – “a pre-pack” – has become a much-used tool in this current economic downturn. But what in fact do pre-packs achieve and is there another option that businesses and insolvency practitioners should consider? First published: Elborne Mitchell Website [30th September 2009]

The last roar for schemes? - The Scottish Lion decision
Tim Goodger looks at the recent decision on the hearing of The Scottish Lion Insurance Company Limited’s application for the sanction of a solvent scheme of arrangement First published: Elborne Mitchell website [17th September 2009]

Dealing with counterparty failure
The risk of insolvency within the re/insurance sectors is heightened as recession deepens. So how can cedents ensure they are not badly hit if a counterparty fails, asks Tim Goodger. First published: Guide to Reinsurance Law Firms 2009 [7th September 2009]

Victims of Circumstance (And How Not To Be One)
I know a man who knows a man who knows a man whose hedge fund invested millions with Madoff. Should I notify my insurers? Tim Goodger and Andy Stevenson of Elborne Mitchell Solicitors examine the state of the law on notification and how things might play out in the current economic climate. First published: Elborne Mitchell Website [12th March 2009]

HIPs and professional liability
Timothy Goodger and Rebecca Wright examine some of the hidden professional liability issues associated with Home Information Packs for solicitors, surveyors, energy surveyors and those providers compiling HIPs. They suggest that professional indemnity insurers and brokers should be fully appraised of the potential problems. First published: Elborne Mitchell Website [18th February 2009]

Avoid the TRAP
As the economic crisis turns into what is predicted to be the deepest recession for 60 years, concern has heightened about the credit risk associated with insurers and the increased potential for trapped funds – money held up in the system among intermediaries, clients and insurers when insolvencies arise. Tim Goodger reports. First published: Post Magazine [5th February 2009]

FSA clarifies position on insurer credit writebacks
The UK Financial Services Authority (FSA) recently provided much needed clarification for insurance and reinsurance intermediaries on client money rules and, in particular, so-called “credit writebacks”. Its paper credit writebacks an articulation of the FSA’s position, places a greater burden on intermediaries when dealing with client money. The regulator will be scrutinising intermediaries more closely in future. First published: Insurance Day [30th January 2009]

Client Money Rules – FSA clarification on credit write-backs
Tim Goodger looks at the FSA's paper regarding the use of credit write backs by those intermediaries that hold money. First published: Elborne Mitchell Briefing Note [17th November 2008]

Broker Fund Laws Still Not Understood
Tim Goodger discusses some of the current issues arising out of the client money rules and discrepancies between the way intermediaries hold the funds and their contractual obligations. First published: Insurance Day [17th October 2008]

NRG Victory Reinsurance Limited - applications opposing the convening meeting of creditors for solvent schemes of arrangement
Tim Goodger discusses applications opposing the convening meeting of creditors for solvent schemes of arrangement. First published: Elborne Mitchell website [5th May 2006]

Broking changes highlights tensions
New rules come into force this week requiring UK brokers to agree in writing the basis on which they hold money while processing premiums and claims. This apparently straightforward change is causing tensions in the market and may create cashflow problems for some firms. First published: Insurance Day [14th July 2005]

European Wind-Up
Timothy Goodger looks at the impact of new European legislation surrounding the winding-up of insurance business. First published: Global Reinsurance [1st March 2004]

Avoiding The Traps If Brokers Go Bust
Article discussing the new LMP and FSA rules which are intended to safeguard money deposited with intermediaries. First published: Insurance Day [21st January 2004]

Higgs Puts Liability Market On Alert
A review of the impact of the Higgs Report on the liablity of Non Executive Directors and the response of the D&O insurance market. First published: Insurance Day [4th June 2003]

Why is Directors' & Officers' Liability and Insurance a Hot Issue?
Article discussing the rising number of claims against Directors and Officers, which together with the increased regulatory and compliance requirements, means that Directors and Officers need to ensure adequate insurance cover exists in the event of exposure and potential claims. First published: Risk Insight no.14 [1st January 2003]

Insolvency and Security
Article comparing the UK claims procedures by policyholders against an insolvent insurance or reinsurance company to those in other jurisdictions. First published: Insurance Day [14th August 2002]

Doing Yourself An Injustice When An Inspector Has Called
Discusses moves to end the problem of self incrimination. First published: Daily Telegraph [8th June 1998]

Conflicts Of Interest For Compliance Officers
The potential conflicts of interest between the obligations of a compliance officer to regulators and their duties of confidentiality and obedience to their employer. First published: Compliance Monitor [1st October 1997]