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)

Tim’s focus is delivery of complex and usually cross-border work in line with onshore expectations.

Based out of the Turks & Caicos Islands, Tim’s court work is across the Caribbean Region and beyond. He has also worked as an advocate and litigator based in Bermuda and the BVI. In Bermuda in the immediate aftermath of the 2008 world financial crisis, Tim was heavily involved in the impact of the Lehman collapse followed by the Bernie Madoff ponzi scheme fraud and resulting ‘clawback’ efforts by the Madoff special interest trustee.

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.

His blend of both offshore and onshore work is unique to the Turks & Caicos Islands legal profession. He regularly provides expert evidence on trustee performance, judgment enforcement issues, as well as corporate and insolvency issues impacting directors’ duties.

In his capacity as a licensed insolvency practitioner, in CL86/2021 (“Tim Prudhoe as liquidator of Regent Grand Management Ltd”) in July 2021 he obtained sanction for the jurisdiction’s first conditional fee arrangement in the context of insolvency.

His public law work is across the Caribbean on issues as diverse as revocation of citizenship-by-investment status, refugee and asylum.

In October 2021 he succeeded on appeal in obtaining disclosure of United Nations High Commissioner for Refugees reports as withheld by the Turks & Caicos Islands Government on grounds said to relate to maintenance of international relations and confidentiality.

In Kajeepaan and others v Been, Director of Immigration and another (2020) 97 WIR 521 and also [2021] 3 LRC 270 he successfully appealed refusals to release pursuant to writs of habeas corpus and also obtained findings of unlawful detention. In related proceedings for false imprisonment, the firm in July 2021 obtained sanction for conditional fee arrangements for indigent litigants on human rights / access to justice grounds.

His jurisdictions of admission and operation are Anguilla, Belize, Bermuda, British Virgin Islands, Dubai (DIFC), England & Wales, Gibraltar, Grenada, Montserrat, St Kitts & Nevis, St Vincent and The Grenadines, Turks & Caicos Islands and Trinidad & Tobago.

An advocate determined to get to the core issues for the client as quickly as possible, his approach of ensuring forward momentum is key.

Practitioner directories describe him as follows:

  • Chambers Global (2021), as operating “an impressive litigation practice across the Caribbean”.
  • In the Legal 500 (2020) (London Bar, UK – Insolvency category) as “a go-to expert for offshore insolvency work”.

His early pro bono work included Death Row Appeals in Texas in the 1990s.

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

  • Offshore counsel in multi-jurisdiction extradition efforts in respect of a passport held via economic citizenship (“citizenship-by-investment”).
  • Representing a financial institution impacted by the so-called “Panama Papers” data theft in respect of banking and other fiduciary issues.
  • 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.
  • Expert evidence on BVI insolvency law for the successful liquidator recognition application Australia Federal Court (New South Wales, Sydney) in the same proceedings for which he appeared as counsel on the petition for winding-up (in BVI) and the Dubai Courts (for liquidator recognition).
  • Acting pro bono at both trial and appellate level for multiple detainees in successful habeas corpus and related judicial review and constitutional challenge proceedings following failed / stalled repatriation efforts due to COVID-19 international travel issues. Securing the release of as many as 17 detainees in 5 habeas corpus proceedings during the period February-August 2020; also the quashing of deportation steps.
  • 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, Montserrat, 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
  • Gray’s Inn (1993) and Lincoln’s Inn (2009)

Recent Publications and Presentations

  • Co-presenter (with Devon McLean) to Federated States of Micronesia, South Pacific, judicial, legal practitioners and court staff on habeas corpus issues and related issues of maritime law, September 2021
  • Panel member, Commonwealth Lawyers Association bi-annual conference, September 2021 (in The Bahamas), “How do we discuss slavery?”
  • Habeas corpus applications: practice and procedure. Successful dealings with the UNHCR, June 2021 (Papua New Guinea Centre for Judicial Excellence – training delivered across the South Pacific Region)
  • Co-author (with Andwena Lockhart), “Impartiality and Judicial Recusal – the Rule against Bias, Viable Steps for the Objecting Company and its Director” (Gore-Browne on Companies Special Release, March 2021)
  • Co-author (with Yuri Saunders), on the discharge of solvent liquidations (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
  • 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)