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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 for UK plc and has been involved in some of the largest and most high-profile transactions of recent years.

Dee Valley Group Plc

Vodafone PLC – Verizon

Shire PLC

BHP Billiton PLC

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

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

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

Fanmail UK[2009] EWCA Civ 1368
Share issue, resulting trust – trial and appeal

Re: Neath Rugby Club Ltd [2009] EWCA Civ 297
Section 459 Petition – trial and appeal

Middle Eastern Oil v National Bank of Abu Dhabi [2008] EWHC 2890 (Comm)
Jurisdiction clause – forum application

McCarthy Surfacing Limited [2008] EWHC 2279
Unfair prejudice petition – trial

NBH -v- Hoare [2006] EWHC 2999 (Ch); [2006] 2BCLC 649
Conspiracy to defraud, s320 CA 1985 – trial

Re Nottingham Forest Plc [2001] 1 All ER 954
Companies Act 1985 s.459 – trial

Philip Morris v. Rothmans (C.A.) Times 5/8/2001
Construction of licence agreement – Change of control – City Code – trial and appeal

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

Trustees of Olympic Airlines SA Pension & Life Assurance Scheme v Olympic Airlines SA [2015] UKSC 27 (Supreme Court); [2013] EWCA Civ 643 (Court of Appeal)
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)
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.

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

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.

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).

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 Appeal.

Memberships & Publications

Chancery Bar Association, COMBAR, Insolvency 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.

Contributor to Co-Operatives that Work (Spokesman, 1988) Practice and Procedure in the Companies Court (LLP, 1997) and The Law of Majority Shareholder Power (OUP 2008).

Recognition

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

David Chivers QC is ‘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.’ 

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.” (Chambers and Partners)

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. (Chambers and Partners)

David Chivers QC also engages in a broad array of work, splitting his practice between advisory work and litigation, (Chambers and Partners)

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

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

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. (Chambers and Partners)

Ranked in

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

Legal500 –
Company & Partnership, Commercial Litigation, Insolvency

Who's Who Legal –
Insolvency & Restructuring, Mergers & Acquisitions

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

News

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PERSPECTIVES ON CROSS-BORDER INSOLVENCY: WORKSHOP FOR RISA BERMUDA
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ERSKINE NOMINATED FOR 5 BAR AWARDS
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DAVID CHIVERS QC SPEAKING AT THE WHITEPAPER INSOLVENCY CONFERENCE ON 4 NOVEMBER 2015
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COURT OF APPEAL REJECTS APPEAL IN RELATION TO CHARTERHOUSE PRIVATE EQUITY HOUSE BROUGHT BY FORMER PARTNER
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