Three New Square barrister joins Kirkland & Ellis as Partner

Tim Austen worked at Three New Square for 13 years. There, he developed a particular focus on cases related to the life sciences industry. The junior barrister regularly appears before the Intellectual Property Enterprise Court and the High Court. In the past, he has also argued cases before the Court of Appeal and the Supreme Court, including Warner-Lambert against Actavis. In that case, he represented Warner-Lambert alongside a team from Kirkland & Ellis.

Some of Austen’s more recent cases include Abbott against Dexcom regarding glucose-monitoring devices. Again, alongside Kirkland & Ellis, Austen represented Meril Life Sciences against Edwards Lifesciences regarding heart valves. Both disputes were settled in 2025.

Just recently, Tim Austen represented Teva (instructed by Pinsent Masons) in a dispute over AstraZeneca’s diabetes drug Forxiga.

Crossing paths

Tim Austen

In addition to a great deal of joint work on patent cases, Austen and the head of Kirkland & Ellis’s patent practice group, Nicola Dagg, know each other from their years together at Allen & Overy. Tim Austen worked there as a solicitor for about seven years before deciding in 2012 to move to Three New Square to become a barrister. He was called to the UK Bar in 2012.

In October 2018, Nicola Dagg left Allen & Overy with her team — most of whom are now partners in Kirkland’s patent team — to establish a patent litigation practice in London for Kirkland & Ellis.

Austen will join Kirkland this summer. He will then continue to be admitted to the bar and practice as a barrister.

Nicola Dagg commented on the addition of Austen to her team on LinkedIn with, “Tim’s addition to the team reflects the firm’s commitment to our London litigation practice.”

Focus on London

In Europe, the firm focuses its patent litigation practice on London. It currently refrains from direct involvement in UPC proceedings. None of its lawyers have yet been admitted as representatives before the UPC. Unlike London competitors such as Powell Gilbert, Bristows, or Carpmaels & Ransford, it has not established patent teams in any UPC member state.

Nevertheless, the London team is involved in numerous international patent disputes related to the UPC through US and UK cases. The team also frequently coordinates European disputes.

In the past, Kirkland had promoted a number of associates from the patent team to partnership. This year, Austen is thus the first new partner. The team now consists of seven partners and eleven associates.

For Three New Square, the consequences of Austen’s move are likely to remain manageable. The well-known set has 22 barristers on its roster, including Tom Mitcheson, Katherine Moggridge, and Stuart Baran — all renowned barristers for life sciences disputes.