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David Chivers QC

Call: 1983 Silk: 2002

David is a highly experienced, sought-after Silk who specialises in company law, corporate litigation, financial services and corporate restructuring/insolvency – onshore, offshore and internationally.

He is known for the quality and clarity of his advice as well as his authoritative advocacy.

He has truly expert knowledge of his areas of practice and offers cutting-edge advice.

Chambers & Partners

Corporate

  • Corporate governance
  • Capital markets
  • M&A
  • Takeovers
  • Structured finance
  • Joint ventures
  • Shareholder disputes
  • Corporate reorganisations
  • Part VII business transfers
  • Cross-border mergers

David is regularly instructed on company reorganisations and schemes of arrangement and other corporate transactions and has been involved in some of the largest and most high-profile transactions of recent years.

Vodafone PLC – Verizon

Shire PLC

BHP Billiton PLC

Dee Valley Group Plc (contested scheme of arrangement)

David also frequently advises on offshore contested M&A work.

Litigation & Arbitration

  • Shareholder disputes
  • Joint venture disputes
  • Hostile takeovers
  • Fiduciary obligations
  • Warranty claims
  • Fraud and asset recovery
  • Interim remedies
  • Commercial litigation
  • Professional negligence
  • LLP/funds disputes

Dee Valley Group Plc [2017] EWHC 184
Contested scheme of arrangement – class meetings, voting requirements.

Burnden Holdings v Fielding [2016] EWCA Civ 557
Limitation of actions in breach of fiduciary duty claim

Arbuthnott v Bonnyman & Ors [2015] EWCA Civ 536 (Court of Appeal); [2014] EWHC 1410 (Ch)
s.994 petition; expropriation of minority shareholding

Lombard-Knight v Rainstorm Pictures [2014] EWCA Civ 356 (Court of Appeal)
Requirements of s. 102 of the Arbitration Act 1996, registration of Californian arbitration award

Jackson v Dear [2013] EWCA Civ 89
Construction of Shareholders’ Agreement, implied term, trial and appeal

Re: Danka Business Systems Plc [2013] EWCA Civ 92
Warranties on sale of shares, foreign law agreement, valuation and distribution in MVL (trial and appeal)

Panayatov v Falmouth House [2012] EWCA Civ 1174
Construction of JVA – appeal

Re: Liverpool Football Club [2010] EWHC 2579 and [2011] EWHC 287
Disputed take-over; anti-suit injunction

Walbrook Trustees [2009] EWCA] Civ 297/ [2010] EWCA Civ 408
Abuse of process/Joint venture – appeals

Validus Holdings v IPC, Supreme Court of Bermuda, 29 May 2009
Scheme – contested leave hearing

 

 

Restructuring & Insolvency

  • Contentious insolvency, including cross-border issues
  • Bondholder litigation
  • Administration / special administration
  • Receivership
  • CVAs
  • Schemes of arrangement
  • Winding up
  • Debt capital markets
  • Cross-border Insolvency Regulations 2006

SEB v Weavering Macro Fixed Income Fund (18 November 2016) Cayman Islands Court of Appeal
Fraudulent preference claim in respect of redemptions out of an open ended investment company.

Trustees of Olympic Airlines SA Pension & Life Assurance Scheme v Olympic Airlines SA [2013] EWCA Civ 643 (Court of Appeal) [2015] UKSC 27 (Supreme Court); 
Appeal – meaning of “establishment” under Insolvency Regulation 1346/2000 art.2 (h)

Singularis v PwC [2014] UKPC 36 (Privy Council on appeal from the Bermuda Court of Appeal) and [2016] UKPC 33
Extent of the common law power of a court to give assistance to the liquidator of a foreign company. Costs of complying with court order to disclose documents subsequently annulled.

PwC v Saad [2014] UKPC 35 (Privy Council on appeal from the Bermuda Court of Appeal)
The Bermuda Court had no jurisdiction to wind up a foreign non-permit company.

HMRC v Sunico [2013] EWHC 941
Conspiracy to defraud Revenue, trial of action

Re Halliwells LLP Ch Div 20 July 2010
Administration Order and approval of pre-pack sales

Choudary v Bhatter [2009] EWCA Civ 1176
Jurisdiction, EC Regulation 44/2001 art 22 – appeal

Bluebrook Ltd (IMO Carwash) [2009] EWHC 2114
Contested creditors’ scheme – trial

Re: Amway Ltd [2009] EWCA Civ 32)
Public interest winding up petition – trial and appeal

David has been appointed an expert assessor in relation to English insolvency law by, and has given evidence to  the Icelandic District court in four claims arising out of the insolvency of Kaupthing Bank.

 

Financial Services

  • Financial regulation and enforcement
  • Prospectus liability
  • Financial promotion
  • Collective investment schemes
  • Market abuse / insider dealing

David regularly advises on both contentious and non-contentious financial services matters and issues of financial regulation and enforcement.

He has conducted a statutory investigation into an offshore financial services company on behalf of the relevant financial services commission.

International & Offshore

David has a significant offshore practice. He has been admitted to the Bars of the following jurisdictions for the purpose of appearing in their courts: Bermuda (Supreme Court and Court of Appeal) Cayman Islands (Court of First Instance and Court of Appeal) and British Virgin Islands (Court of First Instance and Court of Appeal).

SEB v Weavering Macro Fixed Income Fund (18 November 2016) Cayman Islands Court of Appeal                          Fraudulent preference claim in respect of redemptions out of an open ended investment company.

Mehta v Viking River Cruises (2015), Bermuda Court of Appeal
Operation of Bermudian statutory squeeze-out provisions.

Singularis v PwC [2014] UKPC 36 (Privy Council on appeal from the Bermuda Court of Appeal)
Extent of the common law power of a court to give assistance to the liquidator of a foreign company.

PwC v Saad [2014] UKPC 35 (Privy Council on appeal from the Bermuda Court of Appeal)
The Bermuda Court had no jurisdiction to wind up a foreign non-permit company.

Validus Holdings v IPC, Supreme Court of Bermuda, 29 May 2009
Scheme – contested leave hearing.

Creque -v- Penn [2007] UKPC 44, (Privy Council on appeal from the Eastern Caribbean Court of Appeal (BVI))
Privy Council Appeal – Rules of evidence – Land Registration Act (BVI).

 

Memberships & Publications

Member of the Bar of England and Wales (Silk 2002) and British Virgin Islands. Called ad hoc to Bar of Bermuda and Cayman Islands.

Member of Chancery Bar Association, COMBAR, Insolvency Lawyers’ Association, Recovery and Insolvency Specialists Association (Cayman), Financial Services Lawyers Association.

David was a member of the Chancery Working Group reporting to Lord Woolf on Access to Justice and of the Civil Procedure Rules Committee Working Group on derivative claims procedure.

David is a Bencher of Lincoln’s Inn and is Chair of the Lincoln’s Inn Audit and Risk Committee.

Contributor to Co-Operatives that Work (Spokesman, 1988); Practice and Procedure in the Companies Court (LLP, 1997)

The Law of Majority Shareholder Power (OUP 2008), second edition (OUP 2017)

Recognition

Ranked in: The Legal 500
Company, Commercial Litigation and Insolvency

David Chivers QC is ‘An excellent barrister’, ‘ and ‘Undoubtedly one of the leading silks for company law.’

‘He is extremely clever, very commercial and concise.’

‘He impresses with his advocacy skills, particularly his ability to clearly get across difficult technical legal arguments.’ 

He has outstanding clarity in his arguments and persuasive powers; a real magician.’

He is ‘An extremely effective advocate.’

Ranked in: Chambers and Partners
Company, Restructuring/Insolvency, Commercial Dispute Resolution, Offshore and Chancery: Commercial 

He is outstanding and just the consummate professional.” “He finds answers to problems thought too hard to solve.”

“He is our preferred QC for company law matters. He is polished, commercial, creative, and his knowledge of company law is second to none. He is absolutely first-class.”

“He has a comprehensive knowledge of company law, and is very well versed in shareholder disputes.”

David Chivers QC is “a fantastic advocate who is both clever and commercial.” Solicitors appreciate the fact that he “delivers absolutely spot-on advice” and is also “a pleasant, very natural man.”

David Chivers QC is recognised as being “extraordinarily quick on his feet.” He proves flexible in his advocacy and has “the gift of seeing where things are going and preparing accordingly.” He acted for Amway in defeating a contested public interest winding-up petition both at trial and on appeal.

David Chivers QC also engages in a broad array of work, splitting his practice between advisory work and litigation.

David Chivers QC is “unbelievably knowledgeable – any question you put to him receives a immediate answer.”

“His ability to understand all the issues of a case straight away is quite remarkable,” enthused one solicitor.

David Chivers is an “eye-wateringly bright” silk. He particularly impresses in court, where peers describe him as“stunning to watch” due to his “clarity of expression, ability to explain complex insolvency points and knack for making the best of his material.” “He’s always there with an immediate answer,” reported one client.

Ranked in

Chambers & Partners –
Company - Star Individual, Commercial Dispute Resolution, Restructuring & Insolvency, Offshore, Chancery: Commercial

Legal 500 –
Company & Partnership, Commercial Litigation, Insolvency

Who's Who Legal –
Corporate, Insolvency & Restructuring

Chambers & Partners UK Bar Top 100 QCs –
Company, Restructuring & Insolvency

News

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