Timothy Frith

Head of Commercial

Tim is a highly experienced barrister who acts in domestic, international and offshore cases. He is called to the bar of England & Wales, Bermuda and BVI and has a strong Commercial, Chancery and Insolvency practice with expertise in complex multi-jurisdictional high value work. He has represented international and local clients in a wide range of jurisdictions in Court, Arbitration and Mediation. Tim is a Fellow of the Chartered Institute of Arbitrators and a CEDR accredited mediator.

He has worked in law-firms in Singapore, Bermuda and BVI and understands that good client skills and effective team- work are essential in achieving the best results for a client whether in collaboration with international firms on large scale projects or by simply having a good effective working relationship with an instructing solicitor or in house counsel in Domestic work. Tim has a wide experience of all areas of civil work which he brings to bare in achieving pragmatic, business orientated and cost effective results for his clients.

Practice Areas

Commercial: Agency, Agriculture, Banking & Finance, Business Disputes, Commercial Contracts for Sale of Goods and Services, Construction, Insurance, Joint Ventures, Partnership, Sport, Telecommunications, Wet & Dry Shipping

Chancery & Insolvency: Contentious Probate, Trust Disputes Personal and Corporate Insolvency and Restructuring.

Common Law: Defamation, Professional Negligence, Economic Torts, Tortious claims Involving Businesses and Individuals.

Disciplinary Tribunals: Involving Professional Regulation and Sport

Client Testimonials

“Tim is a Class Act”

Principal Client in long running joint venture dispute valued at $300m

“At all times I found Tim intimately connected with the case, prompt, professional and his advice to the Trust was near-flawless. I have encountered many dozens of lawyers in a long law enforcement career and now private sector career and it was refreshing to experience Tim who at all times exuded confidence, care, diligence and professionalism-something I have rarely seen.”

Former Commissioner of Police in Bermuda regarding High Value Bermuda Trust Case

“My Canadian Counsel has had reason to be in regular contact with Tim. In all of his and my dealings with Timothy Frith we have found him to be very professional and are particularly impressed with his ability to collaborate with other co-defendants.”

Global Chairman of Asset Manager in dispute linked to control of a corporation with $200 billion under management.

“At all times I consider that Tim acted very effectively and in our best interest and it was clear to us both that he was an accomplished barrister and lawyer.”

Client in dispute concerning sale of Hedge Fund to US investors.

Examples of Recent work

2024

Represented the Respondent in LCIA arbitration in a Russian Commercial dispute concerning the oppression of minority shareholders involving issues of Cypriot, English and Russian law.
Represented the Claimant in SCIA arbitration concerning construction work in Saudi Arabia governed by Saudi law.
Advised in SIAC arbitration concerning company listing in Singapore
Acted in Contentious Probate trial involving issues of Undue Influence.
Acted in Telecommunications case involving installation of telecoms mast and associated wayleaves.
Appointed expert in Hong Kong case involving Director’s liability under Bermuda law.
Produced expert report on the validity of a will under the law of England and Wales in French contentious probate case.

Reported Cases

Bermuda:

Gleeson v MDM Ltd [2015] (CA) (Bda) Gleeson v MDM Ltd [2014] (SC) (Bda)
Ribaroff v Williams & Ors [2014] (SC) (Bda) 11 Civ Cockwell v Flatt [2014] (SC) (Bda) 85 Civ
Fifth Street Finance v Dobbin [2013] (SC)(Bda)

UK:

Chapper v Jackson (2012) (ChD)
Byrne v Gubbins (2011) (CA) [2011] EWCA Civ 1345
Lindsey Anne Beard v Azur Villas & Ors [2009] EWHC 1716 (QB) LTL 20/7/2009 All ER(D)148
Datafind Services Ltd v Sugden & Ors [2007] (ChD) All ER (D)180
Quest 4 Finance Ltd v John Maxfield & Ors [2007] EWHC 2313 (QB) 2 CLC 706
Broadway Investments Hackney Ltd v Lowell Gerald Grant (2006) (CA) LTL 20/12/2006 (2007) HLR 23
(2007) L&TR 11
Smiths Detection Watford Ltd v Berriman (2005) EAT LTL 27/9/2005 All ER (D) 56
Wadsworth v Nagle [2005] EWHC 26 (QB) LTL 6/4/2005 All ER (D) 216
Re A Debtor sub nom Valder v Durrant & Anor (2003) LTL 10/7/2003 All ER(D) 177
Scancom International A/S v RWH Enterprises Ltd [2003] (QBD) All ER (D) 89
Brent London Borough Council v Douglas Reynolds (CA) (2001) 50 EG 89, Times December 18 2001

Further information

Publications

The International Comparative Guide to Insurance and Reinsurance (2015)
The International Lending and Secured Finance Review (2013-2015)
Telecommunications and Media (2013-15) (GTDT) (edited by Freshfields)
“The Measure of Charity”: Bermuda and the Parametric Reinsurance of African Drought Relief (2013) (ICG I&R)
Asset Finance & Secured Lending (2013-14) (PLC)
Dispute Resolution Multijurisdictional Guide (2013) (PLC) edited by Lord Philips
Investment Opportunity & Telecommunication Reform (Law Society Gazette) (2012)
Insuralex Review (2014)
Contributing Editor to Butterworth’s Law of Limitation
Regular contributor to MJM law blog, circulars and reviews

Qualifications

Licensed by BSB to Provide Direct Access and Litigation Services (2021)

Senior Lecturer the University of Law (2018-2019)

Called to the BVI Bar (October 2015)

Called to the Bar of Bermuda (September 2013)

Registered Associate Bermuda Bar (September 2012)

Fellow of the Chartered Institute of Arbitrators (2008)

Lecturer (Part-Time) (BPP Law School) (2004-5)
Direct Public Access Certification (College of Law) (2004)
CEDR Accredited Mediator

(Centre for Effective Dispute Resolution) (2004)

Member of the Chartered Institute of Arbitrators (2004)
Diploma in International Arbitration (2003)

Chartered Institute of Arbitrators [Malaysia]

Bristol University (2000-2003)

LLM (Commercial Law)

Subjects Taken:

Commercial Law, Company Law, Employment Law, Credit Security and Insolvency

Dissertation on Insurance law:

“Subrogation: The Development of Conceptual Unity”

Pegasus Scholarship (Singapore) 1999
Called to the Bar of England & Wales: November 1996 (Middle Temple)

The Bar Vocational Course (1995-6)

The Inns of Court School of Law

The Common Professional Examination (1994-5)

The College of Law (Guildford)

St Andrews University

MA (Hons) IIi History (1987-1991)

Memberships

Bermuda Bar Association
Contra Contentious Trusts Association
ComBar
R3 Insolvency and Restructuring Professionals
Chancery Bar Association
IBA (International Bar Association) Middle Temple
Chartered Institute of Arbitrators
Past: CLA (Country Land & Business Association)
- Legal and Parliamentary Committee (2009- 2012)
- Chairman, Surrey Branch (2010-2012)
- Vice Chairman, Surrey Branch(2007-2010)

Examples of Marketing Activities

ConTra Conference Budapest (2024)
Contra Conference Birmingham (2024)
Combar Conference Boston (2023)
Client visits Bermuda (2021-2022)
Client visits and attendance at firms in Canada, Bermuda, London and BVI (2015-2016).
Planned and organised Insuralex Convention in Bermuda (2013).
Organised and attended marketing events and client visits for MJM in London (2012) and New York (2012).
IBA Conferences in Boston (2013), Madrid (2010) and Singapore (2007).
Marketing activities at major Equestrian Events (2006-2008) for Casalier Chambers.
International Client visits in Jordan and Dubai (2008-2010).
Organised and lectured in a three day Advocacy Workshop to the Kuala Lumpur Bar Council in Malaysia 2005 & 2007.
Organised and attended one week Marketing initiative in Singapore 1999.
Organised and participated in a wide range of seminars and marketing activities for the commercial groups of Devereux and Lamb Chambers in the UK.

Languages

Spanish

Interests

Travel: Travelled extensively in Europe, Middle and Far East, Asia, North & South America and Australia. Worked in Bermuda (4yrs) Chile (3 years), Singapore (5 months), BVI (4 months) USA (4 months).
American and European Literature and History, Cinema, Theatre, Music, Sailing, Fencing, Carriage Driving and Rural Life
Clubs
Royal Bermuda Yacht Club, Royal Hamilton Amateur Dinghy Club, Bosham Sailing Club, Royal British Virgin Islands Yacht Club, Lansdowne Club, The Worshipful Company of Basket Makers

Publications

The International Comparative Guide to Insurance and Reinsurance (2015)
The International Lending and Secured Finance Review (2013-2015)
Telecommunications and Media (2013-15) (GTDT) (edited by Freshfields)
“The Measure of Charity”: Bermuda and the Parametric Reinsurance of African Drought Relief (2013) (ICG I&R)
Asset Finance & Secured Lending (2013-14) (PLC)
Dispute Resolution Multijurisdictional Guide (2013) (PLC) edited by Lord Philips
Investment Opportunity & Telecommunication Reform (Law Society Gazette) (2012)
Insuralex Review (2014)
Contributing Editor to Butterworth’s Law of Limitation
Regular contributor to MJM law blog, circulars and reviews

Direct Access

Tim is authorised to accept instructions directly from lay clients, under the Bar Council’s direct public access scheme and is licensed to provide litigation services by BSB. He will accept direct instructions from Insolvency Practitioners and Corporate in house Counsel.

Commercial

Practice

Examples of Recent Work

2024

Represented the Respondent in LCIA arbitration in a Russian Commercial dispute concerning the oppression of minority shareholders involving issues of Cypriot, English and Russian law.
Represented the Claimant in SCIA arbitration concerning construction work in Saudi Arabia governed by Saudi law.
Advised in SIAC arbitration concerning company listing in Singapore
Acted in Telecommunications case involving installation of telecoms mast and associated wayleaves.
Appointed expert in Hong Kong case involving Director’s liability under Bermuda law.

Client Testimonials

“Tim is a Class Act”

Principal Client in long running joint venture dispute valued at $300m

Former Commissioner of Police in Bermuda regarding High Value Bermuda Trust Case

Global Chairman of Asset Manager in dispute linked to control of a corporation with $200 billion under management.

“At all times I consider that Tim acted very effectively and in our best interest and it was clear to us both that he was an accomplished barrister and lawyer.”

Client in dispute concerning sale of Hedge Fund to US investors.

Examples of Past Work

Examples of Previous Cases 2013-2019

Represented management investment partners in trust claim which is central to the disputed control of a multinational company with a capitalisation of
$40billion and $200billion assets under management. Hearings and Meetings in Bermuda, Toronto, New York and London.
Acted for five ex partners of Hay Group in claim against the Bermuda holding company following sale of holding company to Korn Ferry for $245 million.
Acting for members of Saudi Family in high value dispute (estimated US$118 million) concerning unlawful divestiture of shares in Bermuda holding company. Obtained interim injunction in June 2016 Acting for Attorney General of Bermuda and Minister of Transport and Tourism on a defamation action against the leader of the opposition in Supreme Court and Court of Appeal.
Acting for Premier of Bermuda in Defamation action in Supreme Court and Court of Appeal.
Advised Bermuda Government on establishment of Tourism Authority and chief draftsman of Tourism Authority Act 2013.
Acting for Speaker of the House of Assembly on proposed Parliamentary Procedure (Amendment) Act.
Acting for Bermudian Fund Manager and a Trust Company in a $10million dispute concerning the sale and purchase of a fund management company. Supreme Court proceedings and mediation in Bermuda.
Advised with regard to priority disputes in the liquidation of investment funds linked to the Madoff Ponzi Scheme.
Drafted and appeared on a construction summons in extensive family property and trust dispute.
Acting as lead lawyer in a Bermudian dispute for a declaration that a $100million portfolio of shares in Canadian Companies is held on trust for a South African businessman.
Advised in a Minority Shareholder Dispute involving a $200 million oil rig purchase in Norway.
Representing US Creditors in Bankruptcy of Canadian Businessman in Bermuda following collapse of Elephant and Castle restaurant chain in USA and Canada.
Acted on ICC Arbitration for an oil industry supplier and consultant against an Argentine well capping explosive supplier.
Judicial review of minister of finance on a TIEA application in Bermuda.
Acted on behalf of a Spanish property company against Bermudian guarantor for rent arrears of cinema complex in Madrid. Hearings in Bermuda. Meetings in Madrid and London.
Acted for a New York Finance House against Bermudian guarantor involving preliminary issues of Canadian Law.
Southern Rock Insurance Co Ltd v Endsleigh Insurance acted as junior in claim by offshore insurance company for the negligence of the claims handling company. Instructed by Hogan Lovells.
Represented a Jordanian distributor in four linked arbitrations against Johnson & Johnson (Middle East) with settlement conferences in Dubai and Jordan.
Represented a Jordanian Distributor against Beechams International in an ICC arbitration involving hearings and meetings in London, Dubai and Jordan.
Acted for Spanish equity fund in company shareholder dispute concerning restaurants in Regent’s park and Canary Wharf.
Acted for four sets of Defendants in a series of Claims in the Queen’s Bench Division by the Administrators of a finance company for indemnity payments from company directors under warranty documents.
Acted for BT on a commercial fraud case linked to the dishonest resale of telecommunication services. Acted for equity investor in claim against EMG Holdings to recover funds frozen in Malaysia.
Acted on a commercial fraud case involving the dishonest obtaining of loans and failure of the company involved to effect the required security documentation.
Represented Spanish lawyers in an application to clear charges on HM Land registry that were dishonestly obtained as part of a fraud involving the sale of a nightclub in Tenerife.
Acted for subcontractor in dispute associated with the fitting out of office space in Canary Warf development.
Represented Claimants in a multiparty action in the Chancery Division concerning “the theft of the business” of a plastics recycling and waste disposal
business. [Breach of restrictive covenants, misuse of confidential information and client lists].
Acted for quarry owners in a claim arising out of arson which delayed ongoing diversification works.
Acted for a Spanish thread manufacturer in the Queen’s Bench Division in a dispute concerning the quality of moquette fabric for the mass transport industry.

The value of these cases ranged from $200,000 to $2billion.

Reported Cases

Bermuda:

Gleeson v MDM Ltd [2015] (CA) (Bda) Gleeson v MDM Ltd [2014] (SC) (Bda)
Ribaroff v Williams & Ors [2014] (SC) (Bda) 11 Civ Cockwell v Flatt [2014] (SC) (Bda) 85 Civ
Fifth Street Finance v Dobbin [2013] (SC)(Bda)

UK :

Chapper v Jackson (2012) (ChD)
Byrne v Gubbins (2011) (CA) [2011] EWCA Civ 1345
Lindsey Anne Beard v Azur Villas & Ors [2009] EWHC 1716 (QB) LTL 20/7/2009 All ER(D)148
Datafind Services Ltd v Sugden & Ors [2007] (ChD) All ER (D)180
Quest 4 Finance Ltd v John Maxfield & Ors [2007] EWHC 2313 (QB) 2 CLC 706
Broadway Investments Hackney Ltd v Lowell Gerald Grant (2006) (CA) LTL 20/12/2006 (2007) HLR 23
(2007) L&TR 11
Smiths Detection Watford Ltd v Berriman (2005) EAT LTL 27/9/2005 All ER (D) 56
Wadsworth v Nagle [2005] EWHC 26 (QB) LTL 6/4/2005 All ER (D) 216
Re A Debtor sub nom Valder v Durrant & Anor (2003) LTL 10/7/2003 All ER(D) 177
Scancom International A/S v RWH Enterprises Ltd [2003] (QBD) All ER (D) 89
Brent London Borough Council v Douglas Reynolds (CA) (2001) 50 EG 89, Times December 18 2001

Membership

Combar
IBA
Chancery Bar Association

Insolvency

Tim is Head of the International Practice Group and member of the commercial and insolvency practice groups in Lamb Chambers. He has an International and Domestic Commercial, Corporate and Insolvency Practice. Tim undertook an Insolvency and Commercial Pupillage. and thereafter studied Credit and Security as part of his LLM (Comm) at Bristol University. He has wide experience of insolvency applications, petitions, and trials in UK, Bermuda, BVI and Singapore. He acted with MJM and Harneys in Madoff Feeder Fund litigation such as Kingate Global and Tensor. Tim also represented clients in Minority Shareholder oppression and winding up petitions in UK, Saudi Arabia, Bermuda, BVI and Singapore. He has acted on Directors’ disqualification proceedings, improper trading claims and negligence actions against Trustees in Bankruptcy. He has also wide experience of recovery actions on behalf of Liquidators and Trustees in Bankruptcy on basis of preferences and Fraud together with applications to wind up companies on just and equitable grounds.

Examples of Recent Work

2023

Acting for liquidators on petitions to recover assets for creditors on basis of breach of director’s duties, preferences and transactions at an undervalue.

2024

Represented the Respondents in an LCIA arbitral claim to wind up a BVI company on just and equitable grounds and alternatively on basis of minority oppression.