Download as PDFDavid Chivers QC

Called: 1983

Silk: 2002

 

Profile

David Chivers' practice encompasses both litigation and advisory work in the fields of company law and corporate insolvency. He advises on all aspects of the Companies Acts including questions of financial assistance on acquisitions of shares and other maintenance of capital issues. David has considerable experience of acting on behalf of directors facing disqualification and is author of the chapter on directors' disqualification in "The Practice and Procedure in the Companies Court" published by Lloyds of London Press.

His litigation experience includes section 459 petitions, diversion of corporate opportunites, professional negligence claims and insolvency proceedings. He has experience of multiparty litigation including the Atlantic Computers proceedings where he advised and appeared in court on behalf of Atlantic in various claims and was subsequently part of the core mediation team in the £150m settlement of the litigation.

Education

David Chivers was educated at Downing College, Cambridge and was called to the Bar in 1983.

Expertise

He specialises in company law, which he practices from Erskine Chambers. His practice is divided between advisory work and litigation. Non-contentious work includes advice on all aspects of companies' legislation but commonly relates to questions of capital restructuring, financial assistance and corporate governance. A strong litigation practice crosses over from company law to more general commercial work and includes a good deal of corporate insolvency.

Publications

Publications include contributions to Gore Browne on Companies (Jordans) and Practice and Procedure in the Companies Court (LLP).

Organisations

David Chivers was also a member of the Chancery Working Group reporting to Lord Woolf on Access to Justice.

Case List

• Re: Amway Ltd
  Ref: 2008 EWHC 1054 (ch)
  Public interest winding up petition – trial.
• Re: Neath Rugby Club Ltd
  Ref: 2007 EWHC (ch)
  Section 459 Petition – trial.
• NBH -v- Hoare
  Ref: 2006 EWHC 2999 (ch) 2006 2BCLC 649
  Conspiracy to defraud, s320 CA 1985 – trial
• Creque -v- Penn
  Ref; 2007 UKPC 44
  Privy Council Appeal
• Re Nottingham Forest Plc
  Ref: [2001] 1 All ER 954
  Companies Act 1985 s.459 - trial
• Philip Morris v. Rothmans
  Ref: (C.A.) Times 5/8/2001
  Construction of licence agreement - Change of control - City Code - trial and appeal
• Taylor Sinclair Capital
  Ref: [2001] 2 BCLC 176
  Transactions at undervalue; I Act 1986 ss 238, 240, 432. - trial
• Lloyd v. Popely
  Ref: [2000] 1 BCLC 19 and C.A.
  Share transfer - malicious falsehood - trial and appeal
• Migration Services International Limited
  Ref: [2000] 1 BCLC 666
  Directors' disqualification - appeal - scope of Act and length of disqualification
• ASRS Establishment Limited
  Ref: [2000] 1 BCLC 727, and [2000] 2 BCLC 631 C.A.
  Construction of debenture - fixed and floating charges - Preliminary issue and appeal
• Benfield Greig
  Ref: [2000] BCLC 488
  Companies Act 1985 s. 459 - strike out
• Brownlow v. Marshall
  Ref: [2000] 2 BCLC 655
  Companies Act 1985 s.459 - trial
• Re Atlantic Computers Plc
  Ref: [1998] BCC 200
  Insolvency Act 1986 s.236 - exercise of Court's discretion. Discovery - Privilege - Public interest
• Secretary of State for Trade & Industry v. Rogers
  Ref: [1996] 1 WLR 1569 (C.A.)
  Directors' Disqualification - Disqualification proceedings based on agreed facts - findings of dishonesty - whether finding of dishonesty to be set aside
• Re Polly Peck International Limited (No.3)
  Ref: [1996] 2 All ER 433
  Insolvency Act 1986 - Corporate personality - lifting the veil - rule against double proof.
• Re Pamstock
  Ref: [1996] BCC 341 C.A.
• New Bullas Trading Limited
  Ref: [1994] BCC 36 C.A.
• Re Elgindata (No 2) Ltd
  Ref: [1992] WLR 1207 C.A.