David Chivers KC > Erskine Chambers > London, England > Barrister Profile

Erskine Chambers
1, Paper Buildings
London
EC4Y 7EP
England

Position

David is a highly experienced, sought-after silk who specialises in company law, corporate litigation and corporate restructuring/insolvency – onshore, offshore and internationally. He is known for the quality of both his advocacy and advisory skills. David has acted on many of the leading cases and transactions in these areas, including: Dee Valley Group Plc; Vodafone PLC/ Verizon; Shire PLC; BHP Billiton PLC, Validus Holdings v IPC (corporate advisory and schemes of arrangement); Jackson v Dear; Liverpool Football Club –  RBS v Hicks; Arbuthnott v Charterhouse; Ron Dennis v TAG and McLaren Technology (corporate litigation); Trustees of Olympic Airlines SA Pension Scheme v Olympic Airlines; Singularis v PwC; PwC v Saad; Weavering v SEB; DD Realisations (Supreme Court and Privy Council, insolvency); Halliwells LLP, Constellation Group (restructuring).  

Career

Bencher of Lincoln’s Inn and Chair of Audit and Risk Committee. Admitted to the Bars of the following jurisdictions: BVI, and ad hoc to Bermuda and Cayman. Acting Judge of the BVI Commercial Court January to March 2018.

PUBLICATIONS:
Contributor to Co-operatives that Work (Spokesman 1988); Practice and Procedure in the Companies Court (Lloyds of London Press 1997); The Law of Majority Shareholders Power, Use and Abuse (OUP 2017).

Memberships

ChBA, ILA, III, RISA (Cayman).

Lawyer Rankings

London Bar > Company

(Leading Silks)Ranked: Tier 1

David Chivers KCErskine Chambers ‘One of the best company law barristers in the UK, but one who also has a strong social conscience, he works creatively to find strong legal arguments.’

Erskine Chambers is ‘renowned, deservedly, as the go-to set for complicated corporate law questions’ and ‘a top set for company law disputes with a good selection of barristers at various levels’. Among the set’s many prominent silks is David Chivers KC, who recently handled an appeal to the Privy Council from Antigua to consider the power of directors to enter into poison pill arrangements at common law in IGlobe v Sinovac. Opposing counsel in that case were the set’s own James Potts KC and Andrew BlakeMartin Moore KC, who is widely recognised as a leading voice on transactional matters, advised GSK on contentious issues arising from the demerger of its consumer healthcare division to Haleon plc, and handled a high-value appraisal action in Bermuda on behalf of Jardine Matheson Group. Turning to the set’s juniors, Nigel Dougherty recently acted for directors of the owner of London’s Wolseley restaurant in successfully resisting an injunction sought by MI Squared that would have prevented a proposed £38m rescue package. Mary Stokes has retired from practice.

London Bar > Insolvency

(Leading Silks)Ranked: Tier 3

David Chivers KCErskine Chambers ‘He provides cute forensic analysis of the legal side, formidable understanding of the nuances of the case. A calm and authoritative advocacy which judges can’t help but be swayed by.’

London Bar > Commercial litigation

(Leading Silks)Ranked: Tier 3

David Chivers KCErskine Chambers ‘David is superb. His greatest strength is his level of preparation and ability to absorb and understand complex factual detail. His legal knowledge is also extremely impressive, and his advocacy is clear, compelling and very easy to understand. He is also unflappable.’

The English Bar Offshore > The English Bar Offshore

(Leading Silks)Ranked: Tier 1

David Chivers KCErskine Chambers ‘Excellent all round – extremely well prepared for any hearing and absolutely unflappable. He knows the file inside out by the time he gets to his feet. Highly recommended and good on larger issues of strategy.’

Corporate transactions, restructuring and insolvency, and financial services are the core pillars of Erskine Chambers offshore offering, with members appearing at all levels of the court system throughout the Caribbean. The ‘excellent all round’ David Chivers KC lends his expertise to offshore corporate litigation and company law, in addition to corporate restructuring and insolvency work. Edward Davies KC and Michael Todd KC were involved in Re Northstar Financial Services (Bermuda) Ltd, which saw proceedings in Bermuda concerning two insolvent insurance companies with aggregate deficiency of an estimated $300m.