David Herbert

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David Herbert

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David Herbert ‘offers very astute legal and strategic analysis, whilst providing clients with a very efficient legal team’.” – Legal 500, 2013

What he’s best at:

David is an experienced litigator and commercial-Chancery barrister. He specialises in high-stakes, complex disputes, insolvencies and restructurings – particularly those centred on offshore trusts, structures and investment funds. David has extensive experience of proceedings in international Courts, and his cases frequently play out against the backdrop of jurisdictional challenges and disputes as well as highly contentious applications for interim relief.  In the UK Courts, David was recently engaged for the Claimants in the highly acrimonious and heavily publicised £132m Holyoake v Candy trial, which was prominent in The Lawyer’s Top 20 Cases of 2017.  He works for insolvency practitioners, banks, private and corporate investors, trustees and ultra-high net worth individuals.

David also has a background and interest in art – and has litigated numerous cases involving looted or stolen artefacts or involving disputes over provenance.

Who he works for:

  • Corporate & Private Investors & Creditors
  • Hedge Funds & Investment Funds
  • Insolvency Practitioners
  • Wealth Management Professionals and Trustees
  • Private Clients

Testimonials:

“The ‘superbly talented’ David Herbert … receives ‘international acclaim’ for his involvement in the Saad Group fraud litigation.” – Who’s Who Legal: Asset Tracing & Recovery

“… very knowledgeable and creative in the development of litigation strategy and has significant court experience across the Caribbean." – Legal 500 2012

Expertise in:

Key Achievements:

  • Fraud & asset tracing – including acting for the Claimants in the highly-publicised and hotly-contested Holyoake v Candy, Candy & Ors proceedings, resulting in a 9 week trial in the Chancery Division; the liquidators of a complex SPV in defending $10bn fraud claims in AHAB v Saad; acting in a successful claim by a US bank to recover sums paid out to a Nevis trust by a $43m judgment debtor; and acting for investors in and then Receivers of the Axiom segregated portfolio funds in the context of an alleged £125m litigation funding Ponzi scheme.
  • Fund disputes & insolvencies – acting in numerous cases involving distressed or illiquid hedge funds, investor/manager disputes, and contentious fund liquidations including successfully acting for a substantial bank investor through a Sharia compliant vehicle in proceedings to wind up a $125m Cayman fund invested in Middle Eastern power and desalination plants; acting in numerous Madoff related claims and liquidations including for a substantial bank investor in the $2bn Herald fund and for the liquidators of the Rye Funds; acting for a US bank in interpleader proceedings between liquidators and fund managers in Reserve International Liquidity Fund; acting for a group of forcibly redeemed investors in the Sextant funds; acting for holders of S-Shares in the commingled Sphinx funds liquidations; and acting for derivative claimants in the Hadar fund.
  • Trust disputes – acting variously for trustees, beneficiaries, protectors and enforcers in numerous high value international trust disputes in jurisdictions including Jersey, Guernsey, BVI, Cayman, Bahamas and Nevis.
  • Commercial Litigation – acting in claims in diverse business sectors, including transport, defence procurement, care-homes, engineering, and energy, including in Australia v Peacekeeper International [2008] EWHC 1220 (interpleader proceedings concerning armoured vehicles in Baghdad); Nearfield v Lincoln [2007] 1 All ER (Comm) 441 (property joint venture dispute involving construction of a guarantee); and Thames Valley Power v Total Gas & Power [2006] 1 Lloyds Rep 441 (whether unexpected price rises constituted force majeure in contracts for long-term supply of gas to Heathrow airport).
  • Company law & shareholders’ disputes – acting in numerous claims against delinquent directors and officers, claims for wrongful diversion of business opportunities, claims for breaches of shareholder agreements, and claims for unfair prejudice and oppression, including in St George v Hayward (complex multi-party proceedings in Bahamas concerning the management and control of the Grand Bahama Port Authority).
  • Art & cultural heritage cases – acting in numerous claims involving looted and stolen artefacts and involving disputed provenance, including in the seminal Court of Appeal decision in Iran v Barakat [2009] 1 QB 22 (involving claims for the return of 4th millennium BC antiquities from a Bond St gallery), as well as in cases involving the works of Rembrandt, Basquiat and Pajou.

Previous Employment:

  • XXIV Old Buildings, London – Member (2003 – 2011)
  • Harney Westwood & Riegels, Cayman Islands – Partner and Head of Litigation (2011 – 2014)

Education:

  • Oriel College, University of Oxford (BA)
  • Courtauld Institute, University of London (MA)
  • City University (Pg Dip Law)
  • Barrister of England & Wales (Middle Temple) (2000)
  • Barrister, Eastern Caribbean Supreme Court (Virgin Islands) (2003)
  • Attorney-at-Law, Cayman Islands (2009)

Recent awards