CANDEY

David is a Partner in our BVI office. He is a BVI and English barrister, litigator and CEDR accredited mediator. David has also been admitted as Cayman attorney (presently non-practising). He is an Associate Member of the Chartered Institute of Arbitrators. David has extensive experience of high value, complex international disputes and, in particular, insolvency, trust, shareholder and fraud litigation and advocacy. David routinely advises and works with insolvency practitioners, other law firms, financial institutions and corporate and commercial clients throughout the world. He has a particular interest in disputes and insolvencies involving novel asset classes and cryptocurrency. Prior to joining CANDEY, David was the local managing partner of a well-known offshore law firm. During his career, David has been responsible for the conduct of and appeared in Court in relation to some of the most significant and valuable cases to come before the BVI, Cayman and English Courts. David is mentioned in both Chambers and Partners and the Legal 500. David has been described as a “first-class litigator with a great tactical mind. He is an obvious choice for large and complex claims”. Clients have remarked that he is "a brilliant team leader, a person that motivates and is great with clients" and that "David understands how to handle the offshore elements. He is insightful and can cut through the issues quickly. He is impactful and gives commercially valuable advice". David holds a LL.B (Hons) degree from The University of Birmingham and a LL.M degree in corporate and commercial law from The University of London.

James Taylor

James is a barrister at CANDEY working across the firm’s core practice areas. In particular, he is gaining experience of insolvency, arbitration, and company and commercial litigation. Recent work includes: Advice in relation to a proprietary injunction over £20 million of litigation settlement proceeds. Costs application at the return date of an interim injunction over £20 million of litigation settlement proceeds (High Court, Commercial Court). Drafting and appearing as counsel in an application to rescind a winding up order (High Court, Insolvency and Companies List). Drafting ICC Request for Arbitration in a commercial dispute between a large Russian oil company and a multinational conglomerate. Drafting LCIA Statement of Case in a claim against insurers for breach of insured warranties in a share purchase agreement. Advice in relation to an OFSI sanctions designation against an ultra-high-net-worth individual. Advice for a Russian oil company on application of US and UK sanctions to import of industrial equipment. Drafting pre-action correspondence in a potential claim against two investment banks in respect of their early redemption of equity-linked securities. Before commencing pupillage, James was the Judicial Assistant to David Richards LJ in the Court of Appeal; and subsequently a Research Assistant in the Commercial and Common Law team at the Law Commission of England and Wales. During his legal studies James was a Lord Denning Scholar of Lincoln’s Inn and won the Lincoln’s Inn Student Law Journal Prize. Before converting to law James graduated from Trinity College, Cambridge with a First in history. James was called to the Bar of England and Wales at Lincoln’s Inn in October 2021.

Lisa Walmisley

Lisa was a commercial Barrister at two of the leading sets of Chambers outside London for 18 years until she moved out to the BVI in 2019, initially as Counsel before being promoted to Partner in 2020. Lisa’s practise as a Barrister included regular instructions in commercial fraud and all company’s actions including shareholder and commercial contracts disputes. She gained extensive experience in insolvency matters and was recommended in both Chambers and Partners and Legal 500 as an expert in her field throughout her successful career. During her time in BVI Lisa has continued to concentrate on high value complex commercial matters. She has led the team in a multi handed, multi-billion dollar claim for breach of trust against a firm of professional trustees and directors. Most recently she has navigated a complex multi-jurisdictional claim relating to forgery of share charges, exercise of shareholder rights and cross border disputes on jurisdiction. The claim was commenced by way of injunctive relief and recently an application for summary judgment was heard in a three-day hearing in the Commercial Court. Lisa has advised regularly on all aspects of company law including claims to the ownership of shares, exclusion from management and loss of substratum as the basis for the appointment of Liquidators on the just and equitable ground. Lisa maintained a robust insolvency practice with her team and has advised on all aspects of the appointment of liquidators -voluntary and by the Court- and the conduct of the liquidation thereafter. Lisa has been involved in the recent liquidation of the Three Arrows Fund and other connected companies as well as several other claims for the recovery of funds dissipated through disputes over the ownership of the assets of cryptocurrency funds. Other insolvency matters have included a complex dispute over the ownership of shares, consideration of a very large claim by the director of the company and pursuing recovery of property in the United Kingdom.

Matthew Rogers

Matthew is a barrister at CANDEY working across all of the firm’s practice areas, in particular commercial litigation and arbitration, company and shareholder disputes, insolvency, civil fraud and professional negligence. He has experience in High Court litigation, appeals to the Court of Appeal and Supreme Court, international arbitration, and disputes involving cross-border elements (including the Caribbean, CIS territories, the Middle East and Africa). Recent work includes: Successfully appearing as sole counsel in a High Court trial against a former top 20 Times Rich List businessman concerning unpaid sums under multi-million pound loan agreements. Successfully appearing as sole counsel in the Commercial Court in a claim to enforce a multi-million dollar foreign judgment debt by way of a third party debt order against a publicly listed FTSE 250 company. Part of the CANDEY team in relation to a circa $70 million LCIA Arbitration in the oil & gas sector. Junior counsel in relation to an unfair prejudice petition in the Insolvency and Companies List. Junior counsel in relation to a s. 423 Insolvency Act claim. Sole counsel in relation to a High Court chancery appeal. Sole and junior counsel respectively in relation to 7-figure professional negligence claims. Matthew studied undergraduate and master's degrees in Law at St John’s College, Cambridge. During his time as an undergraduate, he was awarded a James William Squire Scholarship and a Wright Prize (after receiving a First ranking 8th in the year). His master’s (First Class) specialised in Commercial Law. He is a Lord Denning Scholar of Lincoln’s Inn and was awarded Outstanding on the Bar Professional Training Course at City Law School. Matthew is called to the Bar of England and Wales (Lincoln’s Inn, 2019) and is a member of the Chancery Bar Association.

Michael Woollcombe-Clarke

Michael’s practice focusses on commercial litigation and arbitration. Michael has advised and represented clients across a broad range of practice areas; including, aviation, banking and finance, construction, insurance, shipping, tort and trusts. Michael has considerable experience in complex, multi-jurisdictional disputes; encompassing litigation in the English Courts and related jurisdictions, commercial arbitration (LCIA, ICC, LMAA and GAFTA) and ad hoc arbitral proceedings. Prior to joining CANDEY, Michael practised at Debevoise & Plimpton LLP and at Quadrant chambers. Michael previously worked as a Senior Project Engineer for large construction companies, such as Balfour Beatty and Skanska. Michael took a first-class degree in Law at the University of Cambridge. Michael has received various prizes and awards for academic excellence; including, the William Charnley Prize for the Highest First-class in Law and the Astbury Scholarship (Middle Temple). Michael has been a visiting tutor in contract law at Queen Mary University of London and is the author of various articles and book chapters. Recent reported cases: - The Federal Republic of Nigeria v Royal Dutch Shell Plc & Anor [2020] EWHC 1315 (Comm) - Hinduja v Hinduja [2020] EWHC 1533 (Ch) - Gruber & Ors v AIG & Ors [2020] EWCA Civ 31

Mukami Kuria

Mukami is a barrister at CANDEY working across the firm’s core practice areas. In particular, she is gaining experience of insolvency, company and commercial litigation, arbitration and sanctions. Prior to pupillage, Mukami gained experience on contentious inter-state disputes, investment treaty and commercial arbitration matters as an intern of the Office of the Attorney General of Kenya. She worked as a research assistant on a comparative project examining the history and development of arbitration in Africa and the enactment of the UNCITRAL and OHADA Model Laws across the continent. She continues to maintain an interest in the region. Mukami studied International Relations at the London School of Economics and Political Science, graduating with a First and winning the Goodwin and Philip Noel-Baker Prizes. She holds an LL.M. in International Law from the University of Cambridge, going on to complete the Graduate Diploma in Law at City Law School (with Distinction) as an Exhibition Scholar of Inner Temple. In 2022 she finished the Bar Vocational Studies Course with a specialism in International Commercial Trade and Dispute Resolution at City. She was the recipient of a Major Scholarship from Inner Temple and a City Law School Scholarship for Academic Excellence. She was called to the Bar of England and Wales in July 2023 (Inner Temple). Before coming to the Bar, Mukami spent several years working in the art world as a writer, editor and curator and is a member of the Institute of Art and Law.

Oliver McEntee

Oliver has spent his career both in international firms in London, Singapore and Tokyo, and, since 2019, at the self-employed bar of England & Wales. His core areas of practice are in the area of international arbitration, general commercial litigation, construction and engineering, fraud, insolvency, post-M&A and joint venture matters. A fluent Japanese speaker, he is engaged as a consultant to the firm’s international arbitration practice in the Asia-Pacific region. International Arbitration Oliver has extensive experience of arbitration both in self-employed practice and from his time spent at the Employed Bar in leading US firms in London, Singapore and Tokyo. He has acted in commercial arbitrations under the SIAC, ICC, LCIA, UNCITRAL and JCAA institutional rules as well as ad hoc arbitrations in a wide range of fields including construction, mining, oil and gas, automotive and real estate investment sectors. Representative matters include: Acting for a Japanese railway contractor in a £10 million SIAC dispute with a subcontractor in relation to a railroad project in South-East Asia Representing a Middle Eastern hotel owner in a £20 million SIAC dispute with the hotel operator under a hotel management agreement in a 7-day hearing in Dubai Advising a Japanese contractor in relation to a prolongation claim relating to a power station complex As sole counsel, successfully opposing an application for a stay under section 9 of the Arbitration Act 1996 in proceedings for the enforcement of a £2.2 million adjudication award (Metropolitan Borough Council of Sefton v Allenbuild Ltd [2022] EWHC 1443 (TCC)) Obtaining a substantial settlement in an UNCITRAL arbitration of an unfair prejudice dispute Acting (with Paul Chaisty KC) in an LCIA arbitration regarding allegations of breach of fiduciary duty in connection with a member’s departure from an LLP Obtaining a settlement in an ICC dispute between a Chinese supplier and a US oil major in connection with a project in North Africa Obtaining (with Kelly Pennifer) an injunction pursuant to section 44(3) of the 1996 Act restraining the respondents to an unfair prejudice petition from operating a compulsory share transfer mechanism pending the constitution of the tribunal Acting for an asphalt contractor in conjoined disputes involving allegations of defective work Acting for a UK petroleum major in an ad hoc arbitration relating to the misallocation of gas under a pipeline access agreement Acting for a European contractor in an UNCITRAL arbitration over delays and disruption in the construction of a petrochemical plant in India Acting in the successful defence of an ICC arbitration claim for deceit and breach of warranty arising out of the sale of a GBP 300 million business Acting for a Fortune 100 company in a SIAC claim for breach of fiduciary duty against its regional CEO (securing a favourable settlement of claims for forfeiture of remuneration and an account of profits on the eve of trial) Acting for a Japanese automotive company in the successful defence of a claim for lost profits on the termination of an automotive distributorship in Thailand Successfully defending an ICC claim regarding the termination of a joint venture for the development of a marine engineering product Acting for a Japanese automotive marque in an ICC arbitration seeking the dissolution of its equity joint venture with a European automotive giant Acting for a Korean contractor in claims against a subcontractor arising out of a significant cost overrun on the construction of an iron ore mine in Australia Acting for a Korean contractor in a final account dispute regarding the construction of a railyard at a mining project in Australia Advising a US contractor regarding prospective arbitration proceedings in relation to a defective overland conveyor system at a coal mine in SE Asia Oliver also has experience of investor-state arbitration, including: Advising a Japanese investor on expropriation and FET claims against an Asian state under a bilateral investment treaty A dispute involving a North Asian government in connection with the compulsory acquisition of residential property at an alleged undervalue Commercial Litigation Oliver is experienced in a broad range of commercial dispute resolution matters. His practice is particularly focused on inter-shareholder disputes and unfair prejudice petitions. Recent instructions include: Acting (with Lesley Anderson KC) in a post-M&A dispute relating to the sale of a diecasting business Acting (with Mark Harper KC) for defendants in a £13 million conspiracy claim brought by a major lender involving alleged abuse of overdraft facilities Obtaining a favourable settlement in a claim for breach of fiduciary duty involving a director’s post-termination usurpation of a company’s main supply contract Obtaining a substantial settlement in an UNCITRAL arbitration of an unfair prejudice dispute Acting for the defendant in a claim relating to the alleged diversion of business from his employer (Circuit Commercial Court) Defending a claim for conspiracy and inducing breach of fiduciary duty resulting from the alleged diversion of opportunities and know-how following the failed acquisition of a cloud services platform Acting (with Eleanor Temple KC) in a dispute between co-guarantors involving allegations of fraud and breach of contract Obtaining a substantial settlement in a fraud claim relating to cryptocurrency investments Advising on liability and limitation issues in a claim to claw back overpayments under a statutory pension scheme Acting for the owner of a port facility affected by storm damage in a coverage dispute with its insurers Advising the vendor of a solicitor’s business in relation to a breach of warranty claim relating to the value of the firm’s WIP Construction, Information Technology and Procurement Oliver acts in all areas of construction, engineering and IT law, including Technology and Construction Court litigation, arbitration, adjudications and adjudication enforcement proceedings. Oliver has acted in a range of construction disputes of high value and technical complexity, with a particular focus on the mining, oil and gas and rail power sectors. Highlights include: Enforcing a £2.2 million adjudication award and defeating an application for a stay under s. 9 of the Arbitration Act 1996 (reported as Metropolitan Borough Council of Sefton v Allenbuild Ltd [2022] EWHC 1443 (TCC)) Acting for a Japanese railway contractor in a £10 million SIAC dispute with a subcontractor in relation to a railroad project in South-East Asia Advising a foreign government regarding professional negligence claims against project managers and engineers involved in a project for the construction of a new ferry terminal Proceedings in the TCC relating to the rejection of a bespoke food processing plant due to alleged design and workmanship defects Advising a public body in relation to the ability of a contractor to claim in excess of a cost capping mechanism as a result of an allegedly unagreed design change on a dockside regeneration project Acting for a Korean contractor in claims against a subcontractor arising out of a GBP 600 million cost overrun on the construction of an iron ore mine in Australia; Acting for a Korean contractor in a GBP 150 million final account dispute regarding the construction of a railyard forming part of an automated iron ore mine; Acting for a US oil major in a TCC dispute regarding the defective design and construction of an offshore platform; Advising a Japanese contractor regarding the scope of a settlement agreement in connection with the supply of defective tanks to an LNG facility; Acting for a Japanese contractor in a mediation over delays to the construction of a power station in Abu Dhabi; Advising a Canadian employer in relation to delays to a solar power project; and Advising a Japanese architect in connection with the drafting of a contract relating to a nuclear project in North Wales. Information technology Advising on and acting for the operators of a currency transfer platform in unjust enrichment proceedings against users alleged to have dishonestly used bots to exploit a software bug Advising and acting for the licensees of an artificial intelligence productivity suite in a claim for software defects/lack of fitness for purpose Advising in relation to the allegedly defective design and development of a social media and e-commerce platform Securing the termination of a telecoms services contract on the basis that a clickwrap contract had not incorporated an auto-renewal clause Advising on the scope of user licence rights in relation to a bespoke database Insolvency Oliver practices in all areas of insolvency law, including: Preference and transaction at an undervalue claims by office holders Administration applications Applications to set aside statutory demands Directors’ disqualification/permission proceedings Contested winding-up petitions Injunctions restraining the presentation of winding up petitions Reported cases: Re Tre Ciccio [2022] Bus LR 165 Oliver also has experience of insolvency practitioner regulation matters. Representative instructions include: Successfully obtaining the restoration of a lapsed IP licence despite the absence of prescribed evidence Advising an IP as to whether to accept a consent order in respect of allegations of impropriety in the conduct of a bankruptcy Professional Negligence Oliver acts in professional negligence disputes, primarily involving lawyers, insurance and construction professionals. His experience involving lawyers’ negligence includes: Acting for a class of Hong Kong and China-based investors in a failed off-plan property development in proceedings against their conveyancing solicitors Acting for a public figure in a claim arising out of criminal proceedings where the client received a custodial sentence Obtaining a favourable settlement for the defendant lay client in proceedings involving allegations of negligent advice in the conduct of property litigation by the claimant solicitors Advising and acting for a claimant in a claim involving allegations of negligent advice in the course of insurance litigation Advising in relation to the negligent prosecution of personal injury proceedings Recent construction-related professional negligence instructions include: Acting for the successful claimant architects in a 3-day trial involving allegations of defective design in connection with a luxury car showroom (Birmingham TCC) Ongoing proceedings relating to the negligent design and construction of waterproofing works Property Oliver’s property practice is focused on commercial landlord and tenant, land-related torts and right-of-way disputes. Representative instructions include advice and representation in the following matters: Advising a local authority in relation to a ransom strip dispute relating to a major redevelopment project Advising a local authority in relation to a dispute with a utilities provider relating to a landslip Advising a local authority as to its entitlement to terminate an agreement for lease in relation to a substantial renovation project Obtaining a favourable settlement in a dispute between a mortgagor and mortgage as to the validity of the appointment of LPA receivers Banking & Finance Oliver has experience of banking and financial services matters, both contentious and non-contentious, including: Advising on whether certain property investment transactions constitute collective investment schemes Advising a financial services professional on the scope of a s. 56 FSMA prohibition order Advising upon, and acting for lenders in proceedings to enforce, security given by corporate and residential borrowers Enforcing, and advising upon, performance bonds and guarantees; Advising on the drafting and effect of finance documents (including ISDA swaps and derivatives agreements) Advising an offshore bank in relation to claims arising out of a cheque fraud International In addition to his extensive experience in international arbitration (see above), he advises on governing law and jurisdictional issues as well as matters of strategy where proceedings are being pursued in multiple jurisdictions. Recent instructions include: Providing an expert opinion (in French) on the enforceability of an English law guarantee for the purposes of enforcement proceedings before the French courts Advising in a cross-border agency dispute involving issues of German restraint of trade law (drafted letter of instruction seeking confirmation of understanding of §84 and 90a of the Handelsgesetzbuch) Advising a property developer in a cross-border dispute arising out of the failure of a Hong Kong investor to complete the purchase of multiple flats in a new development Advising on a cross-border claim for contribution in a product liability dispute Advising on jurisdiction, governing law and enforcement in relation to a cross-border recruitment matter Having lived and worked in Tokyo for five years, he has particular experience of working with Japanese clients. He speaks and writes fluent Japanese and is happy to accept instructions in the language.

William Stewart-Parker

William has a broad range of experience in chancery and commercial advice, litigation and alternative dispute resolution. He has acted for a range of clients from private individuals to large corporate bodies, including automotive companies. This work included a nine-month secondment to act as an in-house counsel for Nissan International, based at the Nissan Technical Centre Europe. William is a former pupil and tenant of Atlantic Chambers. He is called to the Bar of England and Wales (Lincoln’s Inn, 2016). William undertook the GDL and BPTC at the University of Law in Bloomsbury, London. He received the University of Law’s Prize for the highest mark in the resolution of disputes out of court module on the BPTC. He was awarded a Lord Denning Scholarship and Hardwicke Entrance award by Lincoln’s Inn and gave the response to the Treasurer of Lincoln’s Inn as the student who had achieved the highest mark for the BTPC at Call.

Zahra Dalal

Zahra is a barrister at CANDEY working across the firm’s core practice areas. In particular, she is gaining experience of insolvency, company and general commercial litigation. Recent work includes: Advising on pre-action conduct and drafting Particulars of Claim in a breach of contract case. Assisting and advising with an application for permission to serve out of the jurisdiction for a claimant company against a former director for breach of directors’ duties and against a Mauritian bank for its involvement in misappropriation of client funds. Assisting and advising on a matter concerning alleged breach of a Mutual Confidentiality Agreement by a Canadian company in the oil and gas industry. Appearing in the High Court and Central London County Court for claimants in Examination Order hearings Volunteering for the Companies Insolvency Pro Bono Scheme, providing advice and representation for litigants in person in the winding up court.

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