David Chivers KC KC > Erskine Chambers > London, England > Barrister Profile
Erskine Chambers Offices
1, Paper Buildings
London
EC4Y 7EP
England
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David Chivers KC KC
Position
David is a highly experienced, sought-after silk specialising 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 key corporate transactions and appeared in leading cases at all levels up to the Supreme Court and Privy Council. David sat as an additional judge of the British Virgin Islands commercial court and is regularly appointed as an arbitrator due to his expertise in complex cross border and corporate disputes.
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 > Insolvency
(Leading Silks)Ranked: Tier 3David Chivers KC – Erskine Chambers ‘Absolutely top-tier expertise in insolvency law, he commands the immediate attention of the court. His written advocacy is exceptional and his oral advocacy and skill as a cross-examiner are also at the same high level. The amazing thing about him though is that these attributes are matched by an equally extraordinary work ethic.’
London Bar > Company
(Leading Silks)Ranked: Tier 1David Chivers KC – Erskine Chambers ‘David is a master of his brief, and he quickly wins the trust of judges by virtue of his thoughtful and persuasive advocacy.’
Erskine Chambers stands out as ‘the leading company law set’, with ‘deep knowledge of this area of law‘ and ‘the best range of counsel in the market, with excellent strength in depth‘. Shareholder disputes are a core area of strength for the team, which is regularly sought after to advise on a wide range of complex contentious and non-contentious company law work. David Chivers KC is a highly regarded practitioner in the space, with an excellent track record in handling restructuring and insolvency work in the corporate field as well as offshore matters. Edward Davies KC and Jack Rivett appeared in ClientEarth v Shell, involving a derivative claim brought against the directors of Shell for alleged breaches of directors’ duties in relation to Shell’s climate change risk management strategy.
London Bar > Commercial litigation
(Leading Silks)Ranked: Tier 3David Chivers KC –Erskine Chambers ‘David is the best advocate. He has a strong analytical mind and he adds significant value by contributing to strategic decisions and regularly thinking outside of the box.’
Well-regarded for its company law and insolvency expertise, Erskine Chambers is ‘excellent for commercial litigation and corporate litigation’. James Potts KC acts for the Co-operative Group in a £450 million lawsuit initiated by the liquidators of Food Retailer Operations, which involves claims of preferential treatment and undervalued transactions following the group’s restructuring efforts in 2015 and 2016. In Nam Tai Property v West Ridge Investment, David Chivers KC represented the appellate in a case concerning whether, following a BVI Commercial Court ruling setting aside an allotment of shares, the property development and management company is obliged to return the subscription monies.
The English Bar Offshore > Commercial disputes
(Leading Silks)Ranked: Tier 1David Chivers KC – Erskine Chambers ‘David possesses a fantastic combination of top-tier advocacy skills, elite insolvency expertise, and an amazing work ethic. He is extremely pleasant, hyper-intelligent and unflappable.’
Praised as a ‘very strong commercial’ chambers, Erskine Chambers is a ‘go-to set for complex company law and insolvency and restructuring matters’. Other areas of expertise for its members include corporate transactions and the financial services sector. Michael Todd KC is a notable silk at the set with expertise in company law mandates, as well as corporate finance, capital markets, and corporate insolvency disputes. Todd KC is acting for the defendant in Athene Ltd v Siddiqui, a case concerning allegations of misusing confidential information, which will be heard before the Supreme Court of Bermuda. For David Chivers KC BVI restructuring and insolvency form key areas of practice, while Edward Davies KC is also called to the Bar in the Eastern Caribbean Supreme Court. Turning to the juniors, Andrew Blake is acting for Jardine Strategic Limited in a case surrounding a $5.5bn restructuring, in which more than 80 plaintiffs are seeking compensation. Anna Scharnetzky is another key junior in this case.