David Fisher has a strong commercial practice both in the UK and offshore and is an excellent and experienced trial and appellate advocate. David is frequently briefed as lead counsel against senior silks. Over the last 14 years David has been instructed in a string of commercial claims, including several shareholder disputes, in the Eastern Caribbean, primarily in the BVI. In that time he has been retained as lead counsel in several trials (at first instance and in the Court of Appeal) against senior UK silks. The exceptional experience that he has gained, from appearing before a range of specialised judges and against able and experienced advocates in jurisdictions that apply the same law as in the UK, makes him an obvious choice to represent clients in complex commercial litigation in the UK.
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.
David has experience of a broad range of commercial disputes. David understands that for business, litigation is a last resort, not a hobby. He works to identify and agree with his clients outcomes that are cost and time effective and plots efficient and effective pathways to those outcomes. His recent work in this area includes:
- Acting for several Italian municipal authorities in complex litigation in the Financial List in which the authorities challenged the validity and enforceability of interest rate swaps transactions. The litigation raised conflict of laws issues as well as issues of Italian Law.
- Representing the director of an insolvent property development company in an action brought against him by the liquidators.
- Representing an Italian manufacturer against subrogated product liability claims brought by the insurers of a customer.
- Representing the Claimant in an application by the Defendant to strike out the claim form, alternatively for a stay pursuant to s9 Arbitration Act 1996.
- Advising Investment Managers in a dispute with payroll providers.
- Advising shareholders in a listed mining group on aspects of their application in Hong Kong for leave to bring a derivative claim against current and former directors.
- Acting for a US investor in litigation in Anguilla in relation to rights under a Settlement Agreement made in and subject to the laws of New York regarding property rights over land in Anguilla.
David’s extensive domestic litigation experience has led to him being frequently instructed in offshore and multi-jurisdictional litigation. He has arbitrated in South Korea, worked with Japanese lawyers on litigation in Tokyo, co-defended US/UK litigation with US lawyers and, over the last 15 years litigated extensively in the High Court and Court of Appeal of the Eastern Caribbean Supreme Court. David’s offshore practice is now centred on the British Virgin Islands. In recent years David has been instructed as lead counsel, frequently against senior UK silks and before specialist judges, in several trials and subsequent appeals. David has gained invaluable experience in pre-trial and trial strategy, witness management and trial and appellate advocacy. David’s recent offshore work includes:
- 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.
- A factually complex unfair prejudice claim concerning a BVI holding company which held an operating subsidiary in China through a labyrinthine corporate structure. David successfully represented the Defendant against a Chancery silk in the High Court and in the application for leave to appeal to the Privy Counsel. David was led in the Court of Appeal
- a dispute as to title to a significant shareholding in the BVI holding company of a substantial international software company. (BVI Commercial Court and Eastern Caribbean of Appeal).
- an opposed application for leave to bring a derivative action in the BVI against the directors of the Company for breach of fiduciary duty. (BVI Commercial Court and Eastern Caribbean Court of Appeal).
- a claim for the return of shares in a Chinese operating subsidiary and other assets appropriated by the minority shareholders of a BVI holding company through misuse of their powers as directors. David successfully represented the Claimant at the trial of the action against a senior silk and in opposing the Defendants appeal to the Court of Appeal.
- an unfair prejudice claim in relation to the BVI holding company of a Chinese subsidiary which owns and operates a substantial resort hotel in mainland China. David successfully represented the Claimant at the trial of this action, which took place over 23 trial days in St Lucia, London (by video link) and the BVI, against a commercial silk. David was also instructed to represent the Claimant in the Eastern Caribbean Court of Appeal, where judgment is pending.
David has acted for and against many alleged fraudsters. He is 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.
Qualifications / Education
Anguilla (2005); BVI (2009)
Cambridge University BA (Law) 1984
Chancery Bar Association
London Commercial and Common Law Bar Association