Marcia McFarlaneSenior Associate
Litigation & Insolvency
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
University of the West Indies (BA Hons) 2001
University of the West Indies (LLB Hons) 2005
Norman Manley Law School (LEC) 2007
British Virgin Islands 2008
Cayman Islands 2011