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Marcia McFarlane Senior Associate

Litigation & Insolvency
+1 284 852 4316
+1 284 340 2811

Expertise and Professional Background

Marcia has been in practice as a litigator at Harneys since 2009 following specialist pupillages in banking and finance, corporate law and investment funds and regulatory between 2007 to 2009. She was seconded to the Cayman Islands for one year where she formed part of a nine-member legal team for a high profile two month trial before the Cayman Islands Grand Court.
 
Marcia enjoys a diverse litigation practice which encompasses the very straightforward liquidation applications and the consequent remuneration applications for insolvency practitioners, to assisting foreign officer holders with obtaining mirror orders in BVI proceedings to the more complex applications for the enforcement of foreign judgments against the assets of BVI debtors. One such enforcement application was a precedent setting case that changed the landscape of the BVI litigation globally having resulted in an amendment to the BVI’s civil procedure rules thereby increasing the enforceability of foreign judgments in the BVI. Marcia also assists with shareholder disputes seeking unfair prejudice remedies or resulting in derivative claims.
 
Marcia holds an introductory certificate in international arbitration from the Chartered Institute of Arbitrators and is a trained mediator certified by the Judicial Education Institute of the Eastern Caribbean Supreme Court in collaboration with the University of the West Indies.
 
Notable cases in which Marcia has been involved include:
 
BVIHCV 403/2008: Elena Rybolovleva v Dmitri Rybolovlev and others
BVIHCV 76/2008: Sino Union (Caribbean) Holdings Ltd v Shangri-la International Development Holding and others
BVIHC(COM) 398/2009: JSC BTA Bank v Reuel Limited, Mukhtar Ablyazov and others
FSD 47/2009: Riad Tawfiq Al Sadik v Investcorp Bank BSC and others
BVIHC(COM) 113/2013: Westburg Anstalt v Profitstar Anstalt

Education & Admissions

Education
University of the West Indies (BA Hons) 2001
University of the West Indies (LLB Hons) 2005
Norman Manley Law School (LEC) 2007
Bar Admissions
Jamaica 2007
British Virgin Islands 2008
Cayman Islands 2011

Expertise

BVI
Cayman Islands
Litigation
Restructuring and Insolvency
BVI Litigation & Insolvency

Publications

The Receiver represents arguably the most powerful weapon in the armoury available for asset tracing into the BVI. As BVI companies are often utilised as holding vehicles, utilising a receiver to take control of the corporate structure and move... read more

Latest Deals

Harneys acted for the Alhamrani brothers, namely Sheikhs Mohamed, Siraj, Khalid, Abdulaziz, Ahmed and Fahad (the Brothers) who were defendants to a claim brought by the oldest brother Sheikh Abdullah Ali Alhamrani (Sheikh Abdullah) concerning a dispute... read more