Dave Marshall

Dave Marshall 

Senior Associate | BVI

Insolvency and Corporate Disputes

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

Dave is a Senior Associate in Collas Crill’s Insolvency and Corporate Disputes 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, Dave's current focus is on insolvency and restructuring, director and shareholder disputes, contentious probate matters, employment disputes, contentious trusts, 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 risk and 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, we achieve better and more efficient outcomes. As regulatory experts, we frequently act on contentious matters and can leverage our experience to help clients achieve the highest regulatory standards and avoid common pitfalls.

Corporate disputes
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Our dispute resolution specialists collaborate seamlessly with our corporate advisory and banking teams across jurisdictions to advise multinational corporations, trust companies, banks, funds, insurers, governments and directors. We provide a global perspective, working closely with our clients to ensure that they are best placed to respond to customer issues, fraud risks, rapidly changing market conditions and regulatory demands.

Fraud, asset tracing, freezing, recovery and enforcement
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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 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.

Housing and immigration
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If you are looking to expand of move your business offshore we can assist your company with all forms of immigration visas and permits.

Insolvency
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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, we 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 US, the UK 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 and the US.

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 effectively manage deteriorating relationships with creditors, financiers, investors or other interested parties.

18 Mar 2024

Applying for Norwich Pharmacal relief in the BVI

In light of the privacy afforded to companies incorporated in the British Virgin Islands (the BVI), it is no surprise that the BVI Court regularly considers applications seeking disclosure from innocent third parties – often corporate service providers -...

14 Nov 2023

Legal 500 Caribbean 2024 guide

Collas Crill's teams in the British Virgin Islands and Cayman Islands have received a solid set of results in the latest Legal 500 directory. In the BVI the dispute resolution team has moved up to tier 3, with the Cayman corporate team being listed by Le...

2 Mar 2023

Judgments in Eastern Caribbean

In the recent Judicial Committee of the Privy Council (the Privy Council or the Board) decision in Lux Locations Ltd. v Yida Zhang[1] the Privy Council explained the proper approach on an application for a default judgment to be entered where the Claiman...

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 a tier in one practice area and maintained its position across all others. Clai...

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 to set aside a statutory demand was a final, or interim decision in respect of whi...

7 Jul 2022

BVI - appeals without notice

This article outlines the findings of the Eastern Caribbean Supreme Court's (the "Court") Court of Appeal in Greater Sail Limited v Nam Tai Property Inc, Nam Tai Group Ltd & Nam Tai Investment (Shenzhen) Co Ltd [1] where the Court considered the prop...

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Event 23 Nov 2023

Breakfast seminar

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