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Justin Davis

Counsel

Justin is a counsel in Carey Olsen’s dispute resolution and litigation group in the British Virgin Islands.

Justin’s practice focuses on complex, high-value, multi-jurisdictional commercial and corporate litigation, shareholders’ disputes and insolvency litigation. He has particular experience of obtaining and opposing freezing injunctions, asset disclosure orders, receivership orders and anti-suit injunctions.

His recent work includes acting:

  • as trial counsel in a shareholder dispute worth over $200 million.
  • as junior counsel opposing an application challenging the enforcement of a convention arbitration award under section 86 of the Arbitration Act 2013.
  • as junior counsel in a 6-day trial with damages claimed at over $250 million concerning the existence of an oral agreement to transfer shares in a bank.
  • as junior counsel in a section 273 IA application which sought to challenge the joint liquidators’ admission of a $500 million claim in a BVI liquidation.
  • as junior counsel on a return date hearing and successfully obtaining the discharge of a freezing order. The court accepted that it has no power to make orders against foreign persons outside its territorial jurisdiction and over whom it has no in personam jurisdiction unless authorised by statute. On their true construction there is no such power under the Eastern Caribbean Civil Procedure Rules or statute. Accordingly, the judge had no jurisdiction to make the freezing order and/or grant leave to serve the order outside the jurisdiction at the ex parte hearing.

Justin also has extensive experience in obtaining and opposing winding up orders and asset enforcement orders.

Career

Justin qualified as a barrister in England & Wales in 2003. Throughout his career at a leading set of Chambers in London, Justin developed a busy practice acting both as sole and junior counsel in very large commercially, legally and technically complex disputes and gained significant expertise in domestic and international arbitration, Commercial, Company and Technology and Construction Court litigation, adjudication and mediation. He appeared regularly in the Court of Appeal.

Justin was admitted to practice in the BVI in March 2017 when he joined Appleby. He joined Carey Olsen as Counsel in August 2019.

Justin is a member of the Recovery and Insolvency Specialists’ Association (RISA), Commercial Bar Association, and of INSOL.

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