An outstanding company law barrister Legal 500 UK Bar 2023
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.

William Hill Plc

Aston Martin Lagonda Plc

Inmarsat Plc

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

William Hill Plc [2021] EWHC 1347 (Ch)

Contested scheme of arrangement 

Inmarsat Plc [2019] EWHC 3470 (Ch), [2020] EWHC 776 (Ch)

Contested scheme of arrangement

Ronald Dennis v TAG Group [2017] EWHC (Ch)
Unfair prejudice, jurisdiction, submission.

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

Burnden Holdings v Fielding, [2016] EWCA Civ 557, [2018] UKSC 14 (Court of Appeal and Supreme Court)
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.

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

David has been appointed as an arbitrator in proceedings in the UK, Singapore and BVI.

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

Secretary of State for Business, Energy and Industrial Strategy v PAG Asset Preservation Ltd, [2019] EWHC 2890 (Ch) [2020] EWCA Civ 1017
Public interest winding up petition – rates mitigation scheme, trial and appeal

SEB v Weavering Macro Fixed Income Fund [2019] UK PC36 (Privy Council)
Fraudulent preference claim in respect of redemptions out of an open ended investment company.

DD Growth Premium 2X Fund (In Official Liquidation) v RMF Market Neutral Strategies (Master) Limited  (Cayman Islands) [2017] UKPC 36 (Privy Council)
Validity of redemption of shares; liability of recipient of an unlawful payment.

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); 
Meaning of “establishment” under Insolvency Regulation 1346/2000 art.2 (h).

PAG Management Services [2015] EWHC 2404 (Ch)
Public intent winding up, rates mitigation scheme.

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

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

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

In 2017 and 2019 David gave expert evidence in criminal proceedings in Oslo on the subject of insider trading and market abuse.

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). David has sat as an additional judge of the BVI Commercial Court.

SEB v Weavering Macro Fixed Income Fund [2019] UK PC36 (Privy Council)
Fraudulent preference claim in respect of redemptions out of an open ended investment company.

DD Growth Premium 2X Fund (In Official Liquidation) v RMF Market Neutral Strategies (Master) Limited  (Cayman Islands) [2017] UKPC 36 (Privy Council)
Validity of redemption of shares; liability of recipient of an unlawful payment.

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, Insolvency Lawyers’ Association, Recovery and Insolvency Specialists Association (Cayman), Financial Services Lawyers Association, International Insolvency Institute.

Member of BVI Arbitration Group.

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 Companies Act 2006, Directors Duties Guidance (CORE 2007)

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

Recognition

Ranked in Legal 500 (Company & Partnership, Commercial Litigation, Insolvency and Offshore) and Chambers & Partners (Company, Restructuring & Insolvency, Commercial Dispute Resolution, Offshore and Chancery: Commercial

“David provides exceptional, definitive analysis combined with a pragmatic approach.”

“An excellent company and insolvency silk who’s able to present complex points in a clear and concise manner. He’s an engaging, robust and persuasive advocate.”

“The most difficult of jurisdictional problems are overcome by the extreme intelligence of David, who finds answers to problems thought too hard to solve.” “He was wonderful, clever and bright.”

“An engaging advocate who is robust and persuasive, he is able to present complex points in a clear and concise manner.” “David Chivers is a brilliant company lawyer and a superb courtroom advocate.”

“He is a go-to for any novel, complex or non-routine company law advice.”

“He is polished, commercial, creative and his knowledge of company law is second to none. Absolutely first class.”

“He is always incredibly calm and methodical.” “He has a brilliant brain and is a persuasive and resilient advocate.”

“One of the leading figures in company law disputes, he is authoritative and reasonable in his submission. In court he is firm and able to stand his ground but does so with real equanimity and calmness.” “He is a class act and a thoughtful, highly intelligent lawyer, whom courts take genuinely seriously.”

“He makes a strong impression wherever he goes.” “His company law knowledge is second to none.”

“The go-to guy for anything novel, nuanced or complex.”

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

“An excellent barrister.” “Undoubtedly one of the leading silks for company law.”

“Eye-wateringly clever; a consummate silk.”

“He’s got a lovely, calm manner, he’s very clever and he’s a really good advocate.”

“The most difficult of jurisdictional problems are overcome by the extreme intelligence of David, who 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 is incredibly bright and user friendly. He would be one of my first choices for contentious insolvency matters.”

“A first-choice for offshore contentious insolvency.”

“Gives clear strategic advice and is extremely calm, he is also a particularly persuasive oral advocate and has considerable presence in Court.”

“An excellent silk for company law-related instructions.”

“David is very strong and commanding, with an excellent style and presence in the courtroom.”

“He is polished, commercial and creative, and his knowledge of company law is second to none. He is absolutely first class.”

“David is fantastic to work with – he is very responsive, a super-bright guy, and he does a superb job of putting concepts not easily grasped across to the judges.”

“He is excellent – a really strong advocate.”

“He is phenomenal – an amazing advocate and very, very clever.”

“He has good attention to detail and his client commitment is second to none. He comes up with really clever solutions and his advice is always spot on.”

Ranked in

Chambers & Partners UK Bar 2024 –
Company, Commercial Dispute Resolution, Restructuring & Insolvency, Offshore, Chancery: Commercial

Legal 500 2024 –
Company, Commercial Litigation, Insolvency, Offshore

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DISMISSAL OF PUBLIC-INTEREST WINDING-UP PETITIONS IN SECRETARY OF STATE V PAG ASSET PRESERVATION LTD [2019] EWHC 2890 (CH)
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