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David Fisher   Joint Head of Chambers
+44 (0) 20 7419 8000

Practice Overview

David Fisher has a strong commercial practice and is an excellent and experienced trial and appellate advocate. David is frequently briefed as lead counsel against senior silks. He appears regularly in the courts of the British Virgin Islands and Anguilla.

David is flexible and imaginative in advising on strategy and tactics. In recent substantial litigation in the BVI, David was briefed only shortly before the trial. He got on top of the case in 3 weeks and demolished the Claimant's case on the facts in cross examination, leading to a virtually unappealable judgment in his client's favour.

In legal argument, David reduces the issues to the simplest level to achieve maximum impact on the tribunal, particularly appellate courts.

David is also an experienced, effective and creative mediation advocate. Representing a defendant to a substantial claim, David advised on the viability of administration and a pre-pack, which would have left the claimant empty handed, and achieved an advantageous settlement for his client.

  • Civil Fraud
    • David has acted for and against many alleged fraudsters.  He is well aware of and able to advise on the tactical issues of a fraud claim, where  the disclosure obligation of both parties  is frequently the battleground on which a fraud claim is won or lost.

      David was junior counsel in SITA v Serruys, a claim for in excess of £100 million which gave rise to extensive satellite litigation around the freezing injunction, including a 3 day application to discharge for substantial material non-disclosure. In conjunction with forensic accountants, David led an extensive investigation into his client’s records and pre-freezing order conduct to establish the extent of and reasons for non-disclosure. This facilitated full corrective disclosure, the mitigation of the consequences of the non-disclosure and the retention of the freezing injunction.

  • Commercial Litigation
    • Commercial Disputes

      David has experience of a broad range of commercial disputes.

      Recent substantial cases include the arbitration of a dispute over hull risks insurance for a helicopter between a Guatemalan corporation and a Guatemalan insurance company in which David identified and pleaded a novel point of construction which led to the settlement of the claim on favourable terms.

      In Friedland v Hickox, an appeal against the striking out of a substantial claim by the High Court in Anguilla, David identified the one good point in the case and advised that the many other arguments be abandoned, with the result that the appeal to the Eastern Caribbean Court of Appeal was allowed and the claim could proceed to trial.

  • Company
    • Partnership and Shareholder Disputes

      David is currently retained to advise on and handle several complex, document heavy shareholder disputes, including unfair prejudice applications, derivative actions, claims for misapplication of company assets, including shares in subsidiaries, claims for the rectification of the register of members and claims against directors for breaches of fiduciary duty.

      In Zhongyong and Ors v Union Zone [BVIHC (COM) 0126 OF 2011] David successfully represented the defendants in a factually complicated unfair prejudice claim, a result that was upheld on appeal.

      In Comodo Holdings Ltd v Katz & Ors  BVIHC (COM) 2013/45, a dispute as to title to a substantial shareholding, David both successfully represented the defendant in opposing a summary judgment application, and then advised on and advanced a successful summary judgment application against the claimant.

      In Basab v Accufit David is representing a shareholder in an opposed application for leave to bring a derivative action in the BVI against the directors of the Company for breach of fiduciary duty.

  • Additional Information

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