Tim Prudhoe

[email protected]

Direct line +1 649 946 8896
Cell / Mobile +1 649 231 8896
Main office line +1 649 941 4636 (ext. 101)

With experience of both the English Bar chambers system and also international “Big Law”, Tim’s work focus is delivery of work in line with onshore expectations. A substantial part of his practice is contentious insolvency work out of the Eastern Caribbean Supreme Court Commercial Court, as based in the British Virgin Islands (the “BVI”).

He appeared successfully on the first ever (2019) Dubai (DIFC) Court recognition application for a BVI-appointed liquidator.

In addition to the Turks & Caicos Islands, he has lived and worked as an advocate and litigator in Bermuda and the BVI while covering court, tribunal and inquiry work across the Caribbean Region as a whole. Trustee-related work is a major focus of his practice. He is also a long-time Fellow of the Chartered Institute of Arbitrators and experienced arbitral advocate.

Very often the “bridge” between (i) onshore clients and co-counsel spread across multiple time zones and (ii) the offshore team tasked with implementation, his is a track-record of protecting clients’ positions and interests irrespective of those being adverse to domestic or overseas governments. He has a long history of dealings with Europe and Middle East-based clients.

His blend of both offshore and onshore work is unique to the Turks & Caicos Islands and much of the Caribbean Region. He regularly provides expert evidence on trustee performance, judgment enforcement issues, as well as corporate and insolvency issues impacting directors’ duties. He has appeared for regulators in contested proceedings, as well as appeared as an advocate before regulators in both disciplinary and licence-revocation tribunal hearings.

He is a licensed insolvency practitioner himself (TCI) under the newly-introduced (April 2019) licensing regime.

An advocate determined to get to the core issues for the client as quickly as possible, his approach of ensuring forward momentum is key. Leading practitioner directory Chambers Global 2020 describes Tim as “strategic and responsive”. He has been on the panel of judges for the Society of Trust and Estates Practitioner (“STEP”) Private Client Awards since 2019, focused on trust companies.

His work involves many jurisdictions and his is admitted across much of the Caribbean Region. Tim also has experience of litigation funding issues in jurisdictions where alternative fee arrangements are possible.

He has practised TCI law since 2000 and BVI law since 2004. He uses TCI as a platform for an international litigation practice and understands the need to travel for existing and potential future clients.

His early pro bono work included Death Row Appeals in Texas and is now a wide range of “heavy” crime at appellate level.

With a long history of work connections with New York, Tim has also run the marathon there five times. The year of his completing the infamous Marathon des Sables, in the Northern Sahara Desert saw the worst sandstorm conditions in the history of the race.

Select Engagements

  • Appearing for British Virgin Islands liquidator in first ever recognition application in the Courts of Dubai. International Financial Centre, United Arab Emirates in respect of high value Ponzi scheme fraud recoveries.
  • Acting for multiple detainees in habeas corpus proceedings following failed / stalled repatriation efforts due to COVID-19 international travel issues.
  • Expert evidence on directors’ duties and related issues of corporate validity, for the State Court of South Dakota in a trustee dispute ranging over 4 continents with multiple offshore subsidiaries.
  • Expert evidence on intellectual property dispute and allegations of breaches of use and so-called “piracy” in the context of offshore companies, duties of directors, access to information and disclosure issues.
  • Enforcement issues offshore in respect of a large onshore arbitral award and widespread judgment recovery efforts.
  • Hearing advocate before financial services regulator in respect of alleged licence infractions and unlawful trading allegations.
  • Lead counsel on worldwide freezing order out of the British Virgin Islands, based on the Black Swan jurisdiction. Issues in respect of admissibility challenges to internet-sourced evidence.
  • Lead counsel on a Trinidad insolvency proceedings, including appearing on the winding-up petition based on an overseas judgment and Court-based examinations of former directors.
  • Heading enforcement pre-planning strategies in respect of concurrent proceedings ongoing around a Antigua-focused dispute.
  • Advising in respect of fiduciary structure and enforcement issues involving Nevis.
  • Acting for British Virgin Islands target company in judicial review proceedings relating to a contested tax information exchange request.
  • first appointed liquidator under the newly introduced Turks & Caicos Islands insolvency regime.
  • Acting for beneficiary of a Hong Kong law-governed trust in dispute with the trustee.
  • Expert witness evidence on British Virgin Islands company and partnership law issues, Northern District of California (San Francisco) US Federal Court.
  • Representation in conjunction with US counsel team of corporate entity alleged to have bribed high-ranking officials in the Caribbean.
  • Successful defensive / opposition efforts with respect to a winding-up petition impacting multiple proceedings in four jurisdictions.
  • Representation of a Caribbean national bank in a dispute with a financial entity in liquidation, involving recovery issues surrounding sovereign debt and bond assignments, in which we obtained full recovery plus applicable interest on behalf of our client.
  • Representation of a partner in an offshore limited liability partnership in connection with an alleged forfeit of partnership interests arising out of admitted misappropriations, involving US $500 million in controversy.
  • Representation of several beneficiaries of a discretionary trust in connection with disputed distributions and contested removal of trustees, as well as possible claims for breach of trust regarding allegations of unpaid estate taxes and incorrect submission to the jurisdiction by trustees.
  • Representation of the principal beneficiary of an offshore trust with regards to contested issues of trustee disclosure and use of trust assets in respect of London High Court Chancery Division trial (parallel proceedings).
  • Expert witness on corporate capacity and validity issues in Texas State Court and State Supreme Court proceedings involving restored offshore companies.
  • Expert witness on company law issues of directors’ duties and attribution of knowledge in Singapore High Court and Court of Appeal proceedings involving offshore companies and arising out of the liquidation of a real estate development company.
  • Expert witness on judgment enforcement issues in Florida State Court proceedings involving offshore companies and nominee (corporate) directors.

Credentials

Admissions

  • Attorney, Turks and Caicos Islands
  • Attorney, Belize
  • Barrister, Eastern Caribbean Supreme Court (Anguilla, British Virgin Islands, Grenada, Saint Kitts and Nevis, Saint Vincent and The Grenadines)
  • Barrister and Attorney, Bermuda
  • Barrister, England & Wales
  • Barrister, Gibraltar (pro hac vice)
  • Attorney, Trinidad and Tobago (pro hac vice)
  • Part II registered practitioner (so, full rights of audience for all types of hearing), Dubai International Financial Centre, United Arab Emirates.

Education

  • Manchester University, LLB
  • London University QM, LLM

Recent Publications and Presentations

  • Co-author (with Yuri Saunders), “Be Careful What You Wish For: Headaches and Bear-traps for Liquidators and their lawyers when an Insolvency Liquidations is discharged for Usually Unexpected Solvency Reasons” (Gore-Browne on Companies Special Release, March 2020)
  • Co-author (with Willin Belliard), “Constitutional protections confirmed as extending to companies in Central America – the story of a Titan(ic) Battle in Belize” (Gore-Browne on Companies Special Release, March 2019)
  • Co-author (with Willin Belliard), “Enforcement of Foreign Judgments in the Turks and Caicos Islands” (International Comparative Legal Guide, March 2019)
  • Speaker – “Third-party litigation funding in cross-border fraud and Asset recovery: top tips”. (C5 Miami, Fraud and Asset Recovery conference (October 2018)
  • Co-author, “Champerty, Maintenance and Litigation Funding: Sufficient Accountability in this Brave(ish) New World?” (Gore-Browne on Companies Special Release, March 2018)
  • Author, “Big Changes in Insolvency Legislation in Turks & Caicos” (INSOL International, September 2017)
  • Speaker, “US Foreign Corruption Practices Act and Whistleblower Program – Continuing and Future Impacts on Caribbean Region” (OECS Regional Conference, Dominica, September 2017)
  • Co-author, “Private foundations and the (limited) impact of the Panama Papers” (Trusts & Trustees, July 2017)
  • Speaker, “Perception and Reputation: Privacy and Confidentiality Post-Panama Papers” (STEP Caribbean Conference, Grand Cayman, May 2017)
  • Co-author, “Litigation Aspects of the Panama Papers” (Gore-Browne on Companies Special Release, March 2017)
  • Speaker, “Treasure Islands: Demystifying Litigation and Asset Recovery in the Offshore Word” (Delaware State Bar Association, February 2017)

Professional & Community Involvement

  • Society of Trust and Estate Practitioners, Founders’ Award recipient and 2019 judge at the annual private client award
  • Insolvency Lawyers’ Association
  • INSOL International
  • Commercial Bar Association
  • Chartered Institute of Arbitrators, Fellow
  • Chancery Bar Association
  • Turks & Caicos Islands Company Law Advisory Committee (Financial Services Commission-appointee)
  • Turks & Caicos Islands Legislative Committee