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David Harby

David Harby 

Partner* | BVI

Dispute Resolution

  • The addition of David Harby is a real string to the team’s bow. He’s a robust litigator with excellent judgment.
    Legal 500 2022
  • David Harby is certainly a top lawyer to work with. He is a team player and a leader at the same time as he leads the practice very well and always with cooperative manners when it comes to a cross-border dispute.
    Legal 500 2022
  • Every client’s dream, David Harby provides sagacious oversight and direction ensuring the very efficient timeous delivery of work product.
    Legal 500 2022
  • David Harby is an experienced advocate with a wealth of BVI experience. Quick response times, the advice often goes beyond what is needed and provides a clear road map for moving matters forward often before the client asks.
    Legal 500 2022
  • David is excellent. He is very client-focused and a good strategic thinker.
    Legal 500 2022
  • David Harby knows how to put together, motivate and support his team. He is also a wonderful tactician.
    Legal 500 2022

David is a partner and barrister and head of the BVI’s dispute resolution department. David has significant experience of managing complex international disputes and, in particular, insolvency, trust, fraud and regulatory litigation and arbitration. David routinely advises and works with insolvency practitioners, onshore law firms, financial institutions and corporate and commercial clients throughout the world.

David is an experienced advocate and mediator (accredited by the Centre for Effective Dispute Resolution). He is also an associate member of the Chartered Institute of Arbitrators.

"I look to deliver commercially effective and efficient solutions to clients by quickly getting to the real drivers that lie behind complex cases. I enjoy building strong relationships with clients and strive to understand their aims and needs from the early stage of a case."

David joined the firm in December 2020, having previously practised at the Independent Bar in England and Wales, at offshore firms in the British Virgin Islands and the Cayman Islands and at leading law firms in the City of London.

David has worked on some of the most significant insolvency and fraud cases to come before the English and BVI Courts in recent years, including a high value insolvency matter which involved tracing assets and working with lawyers and accountants in multiple jurisdictions and led to the largest ever liquidation remuneration application in the BVI.

*not a partner of Collas Crill LP in BVI

 

My services
Contentious Risk & Regulatory
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In regulatory disputes there are often fine lines between the usual wrangling with the regulator and something more serious – by matching our mix of experienced contentious and non-contentious lawyers to the particular problem at hand, better and more efficient outcomes are obtained. As Risk and Regulatory experts, our Dispute Resolution team frequently act on contentious matters, able to leverage their experience to help clients achieve the highest regulatory standards and avoid common pitfalls. To find out more click here

Contentious Trusts
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We represent trust corporations, HNWIs, individual trustees and beneficiaries, often dealing with novel points of law and creating new and innovative solutions to fit the needs of our clients. Given the international scope of settlors, investments and assets, we often co-ordinate advice from our multi-jurisdictional teams, meaning that our clients benefit from the knowledge and depth of experience of our people around the globe.

Contentious Wills, Estates & Probate
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We provide fast, cost-effective and sensitive advice on all manner of will related disputes during what is often an extremely upsetting and distressing time for those concerned. We regularly act on multi-party actions for both plaintiffs and defendants.

Debt Restructuring, Enforcement & Insolvency
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Knowing what to do and when to act when things go wrong is a key part of our service to our clients on both lender and borrower side. Our clients include banks, funds, directors, shareholders and insolvency practitioners. We undertake security reviews and advise on pre-emptive measures. We appreciate the need to act promptly and decisively, and at the same time are sensitive to potential negative publicity for our clients.

Dispute Resolution
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When your business is involved in any kind of legal dispute it's crucial to work with lawyers who are hands-on, cost-effective and flexible enough to respond quickly and intuitively to your unique situation and needs. We know that there are many different ways a dispute can be resolved and work closely with our clients to understand every aspect of their business, priorities and goals. This allows us to find the best way forward for our clients and to advise on the commercial implications of a dispute, ensuring the process remains as stress-free as possible. Our approach is practical, responsive and tailored to the client's interests. Our expertise and reputation means we're first choice for a range of clients, including banks, trust companies, high net worth individuals and top law firms.

Fraud, Asset Tracing & Freezing Injunctions
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At Collas Crill, we're used to working as part of a multi-jurisdictional team, capable of reacting and responding quickly to urgent requests for assistance with locating and freezing assets. As sophisticated defendants become more adept at dissipating assets, we've been involved in cases that created new law in the Channel Islands in relation to a party's ability to trace assets and recover their losses. With their ability to deal with complex issues the team deliver clear, commercial advice on the availability and likely success of recovery methods.

Insolvency & Restructuring
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For financially distressed companies in need of restructuring and reorganisation, or for those where the opportunity to do so has passed or failed, Collas Crill’s insolvency and restructuring team work to achieve the most beneficial outcome in these difficult situations. 

Our team brings a wealth of experience from a range of diverse backgrounds to give quick, accurate, commercial advice, primarily across the financial services sector. 

Currently working on some of the largest and most complex cross-border insolvencies in the jurisdiction, we frequently advise top law firms from the People’s Republic of China, the United States, the United Kingdom and other jurisdictions. We are regularly briefed by Sovereign Wealth Funds and Fortune 500 Companies to advise on particular restructurings, as well as investment managers from Europe; the United States and Russia. 

At whatever stage we are engaged, our involvement will assist in identifying the on-going risks facing a client and to enable that client to continue to identify and to effectively manage deteriorating relationships with creditors, financiers, investors or other interested parties.

International Arbitration and Mediation
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Arbitration is increasingly used globally as a cost-effective, confidential and efficient alternative to court litigation for solving commercial, construction and more frequently trust disputes. The global enforceability of arbitral awards and the successful adoption of virtual technology by most arbitration institutions makes it an attractive option for resolving disputes. With offices in Cayman, BVI, Guernsey and Jersey we can advise you on every aspect of international arbitration. Our dedicated arbitration specialists will work alongside you to quickly determine the best approach for a successful conclusion.

Middle East Group
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The demand for professional advisers who understand the needs of clients in the region has never been more important. With shariah-compliant products and Islamic finance becoming increasingly mainstream and integrated into the global financial system, it is important to partner with a team who understands the complexities of these structures, while also understanding how more traditional structures can be applied to meet the needs of Middle Eastern clients.

Risk & Regulatory
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Collas Crill's multi-disciplinary approach to providing Risk & Regulatory services ensures that every aspect of our clients' businesses is covered. By drawing on the skills and experience of a highly experienced team of lawyers with expertise from across the firm, we are able to deal with all legal compliance issues that could affect your business, whether contentious or non-contentious. The assistance we are able to provide ranges from strategic matters to specific operational issues.

Life & Careers 5 Dec 2022

On the sofa with.... Fay O'Halloran

In this podcast Partner, and Head of Dispute Resolution in BVI, David Harby speaks to Associate Fay O'Halloran.  They talk about her career path to date and what first...

News 14 Nov 2022

Collas Crill: Legal 500 Caribbean

Collas Crill's teams in the British Virgin Islands and Cayman Islands have received another strong set of results in the Legal 500 directory. This year the firm has moved up...

Insight 25 Oct 2022

Statutory demand in the BVI

In the recent Eastern Caribbean Court of Appeal (CoA) decision in BEC Limited v A2 and A1[1] the CoA clarified the position concerning whether a High Court judge's refusal...

Insight 21 Jul 2022

BVI Court can order block transfer

David Harby and Nia Statham were successful in obtaining what is believed to be the first published judgment permitting the block transfer of insolvency and receivership...

Insight 7 Jul 2022

BVI - appeals without notice

In this article David Harby and Dave Marshall outline the findings of the Eastern Caribbean Supreme Court's (the "Court") Court of Appeal in Greater Sail Limited v Nam Tai...

Guide 30 Jun 2022

A guide to appointing liquidators over a BVI company

This article by David Harby and Nia Statham provides a useful summary of the rules and procedures that are to be followed and is likely to be of interest to liquidators...

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Event 1 Nov 2021
Past Event

BVI Arbitration Week 1-5 November

Collas Crill is pleased to be a sponsor of the 2021 BVI Arbitration Week: A Little Big World which runs from 1 to 5 November. The five-day event will be a mix of virtual and...

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