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Dave Marshall

Dave Marshall 

Senior Associate | BVI

  • Dave Marshall is a stellar performer – hugely industrious, charming and thoughtful.
    Legal 500 2022

Dave is a Senior Associate in Collas Crill’s Dispute Resolution team in the BVI, having joined the firm in February 2020.

While Dave has had a broad civil and commercial litigation practice in the BVI, appearing before all Courts in the Territory up to the Eastern Caribbean Court of Appeal, he will be paying particular attention to insolvency and restructuring; director and shareholder disputes; contentious probate matters; employment disputes; contentious trusts; and fraud, asset tracing and freezing injunctions.

Prior to joining Collas Crill, Dave worked as a Litigation Associate at another law firm in the BVI and also practised as an Associate at Yearwood & Boyce, a leading commercial law firm in Barbados.

Dave was called to the Barbados Bar as an Attorney-at-Law in 2011 and to the Bar of the BVI in 2015 as a Barrister.

"What brings me greatest satisfaction is bringing to bear insightful legal analysis to the client’s legal problem and advising on a strategy and approach to that problem that displays commercial awareness and that arrives at the best possible outcome in the circumstances for that client."

He holds a Bachelor of Laws Degree with First Class Honours and an Honours Degree in Political Science from the University of the West Indies; a Legal Education Certificate of Merit from the Hugh Wooding Law School; and a Master of Laws with Distinction in Corporate and Commercial Law from The London School of Economics and Political Science.

Dave also has a keen interest in academic law, having tutored in Commonwealth Caribbean Constitutional Law and Commonwealth Caribbean Human Rights Law at the University of the West Indies.

 

My services
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.

Director & Shareholder Disputes
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Thanks to the depth of our experience and the resources of our team, we've acted on some of the largest pieces of litigation brought against directors offshore. We're well placed to deal with the 'bet the farm' proceedings that can occur in these type of disputes and have represented parties involved in intra-company disputes, including executive, non-executive and independent directors, majority and minority shareholders, companies and liquidators. We understand that shareholder disputes are often not simply 'black and white' and our team finds innovative and commercial alternatives to those which the Court may offer – taking a collaborative approach with our clients to ensure that the right result is achieved.

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.

Employment, Pensions & Immigration
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We understand that the effective and efficient management of employment matters is not only an important risk management tool, but can add value to your business in the long term. We also understand that today's employment environment is more litigious than ever and not all issues can be mitigated or resolved. The stakes are often the highest in these cases, which is why our approach is to resolve conflicts in the most practical and sensitive manner – and always with the client's needs at the forefront.

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.

Private Client
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As global legislation, regulation and taxation constantly change and become more complex, it has never been more important to make long-term plans to secure your future, the future of your family or your business. We cut through the legal jargon to provide clear, practical advice when you most need it and anticipate the challenges you are likely to face so that you can rest assured you and your family are in safe hands at every step of the way.

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 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...

Insight 21 Jun 2022

Clarity on BVI statutory demands

In BEC Limited v (1) A2 and (2) A1 (BVIHC (COM) 2022/0059) in which judgment was handed down on 2 June 2022, the BVI Commercial Court held that it was permissible (at least...

Guide 12 May 2022

A BRIEF GUIDE TO STATUTORY DEMANDS AND APPLICATIONS TO SET ASIDE STATUTORY DEMANDS IN THE BVI

In this article Partner David Harby and Senior Associate Dave Marshall provide an overview of statutory demands and applications to set them aside.  1. The importance of the...

Insight 8 Oct 2021

The BVI common law after Broad Idea

The Judicial Committee of the Privy Council has recently handed down its heavily anticipated Judgment in the conjoined BVI appeals of Broad Idea International Ltd v Convoy...

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