Maxwell
Myers

Maxwell accepts instructions in all areas of commercial litigation and regularly appears as sole and junior counsel in the High Court and County Court, acting as both trial counsel and during interlocutory applications, including injunctive relief.

During his pupillage, Maxwell assisted Romie Tager QC and Ian Clarke QC in Harb v Prince Abdul Aziz [2018] EWHC 508 (Ch), a multi-million-pound breach of contract claim based upon an alleged oral agreement for the payment of £12m and the transfer of two valuable Chelsea properties, raising issues of the certainty of contractual terms and sovereign immunity.

During his pupillage, Maxwell also assisted Stuart Hornett in Bennett v Bennett & Others [2018] EWHC 1931 (Ch), which concerned the disputed beneficial ownership of East Thurrock United Football Club, in which it was alleged that the beneficial ownership of the Club was split between the members of an alleged joint venture and/or partnership.

During his second six, Maxwell was seconded to the Commercial Disputes and Regulatory department of Womble Bond Dickinson LLP, during which he advised in a significant number of complex commercial matters and worked on a significant LCIA arbitration concerning the disputed liability under various financing agreements for the purchase of commercial fishing vessels and a landmark appeal brought under the Indian Insolvency and Bankruptcy Code 2016, concerning whether an overseas judgment can act as trigger event under the new statutory framework.

Recent highlights include advising on a number of issues arising out of the Vneshprombank LLC v Georgy Ivanovick Bedzhamov (2019) litigation, a multi-billion-pound fraud claim arising out of the liquidation of a Russian bank.

Maxwell’s practice covers both corporate and individual insolvency matters, acting on behalf of both debtors and creditors in a wide range of insolvency matters, including bankruptcy petitions, in all aspects of the winding-up jurisdiction, and applications for administration and injunctive relief.

Recent highlights include advising in respect of a fraudulently signed declaration of solvency in an attempt to liquidate a valuable property and insulating it from the bankruptcy procedure prior to the distribution of the bankrupt’s estate, and successfully obtaining a final injunction in the Insolvency and Companies Court to restrain the advertisement of a winding-up petition in respect of a disputed debt.

Maxwell has considerable expertise in the full range of commercial and residential Landlord and Tenant disputes, including commercial and residential possession actions, acting for both landlords and mortgagees, forfeiture proceedings, and enfranchisement claims. He regularly appears in the County Court in residential and commercial possession and forfeiture proceedings and in the First Tier Tribunal (Property Chamber) and advises in the full range of Landlord and Tenant disputes.

Recent highlights include:

Acting as sole counsel in Natalie Klier v Brickfield Properties Limited LON/OOAE/ OLR/2019/0366, an application for the determination of a premium payable in respect of a replacement lease under Section 48(1) of the Leasehold Reform, Housing and Urban Development Act 1983; and

Acting as sole counsel for the successful claimant in Crimson Crescent Limited v Thelma Tackie, 29 March 2019, unrep., His Honour Judge Cochrane, the multi-track trial of a claim for payment of damages for breach of covenant, involving issues of set-off and estoppel and the correct interpretation of Section 20 of the Landlord and Tenant Act 1985.

Maxwell is regularly instructed to represent his clients in mediation. He recognises and embraces the opportunity that ADR and mediation provide for creative, commercial solutions to disputes. Maxwell’s approach in mediation is pragmatic and conciliatory. He is able to utilise his experience of commercial dispute resolution to find an alternative solution to even the most protracted disputes in a cost-effective and practical way.

Maxwell regularly accepts instructions in relation to all aspects of real property matters, including co-ownership disputes, boundary disputes, claims concerning trusts of land and proprietary estoppel and trespass.

Recent highlights include advising as to the scope of relevant “trigger events” under Schedule 1A to the Commons Act 2006 in respect of the jurisdiction to register land as a town or village green under section 15 of the Act and as to the applicability of the Leasehold Reform Act 1967 to a lease comprising multiple properties.

Maxwell is frequently instructed in a wide range of trust and estate disputes, including proceedings brought under the Trusts of Land and Appointment of Trustees Act 1996 and the Inheritance (Provision for Family and Dependents) Act 1975.

Maxwell recently acted as junior counsel (being led by Romie Tager QC) in Colin Johnston v Lady Natalie Elsie Wackett [2019] EWHC 3353 (Ch), a six-day trial before Edwin Johnston QC of a claim brought against the executrix of the deceased’s multi-million-pound estate, involving allegations of the misappropriation of assets.

• Ana Badescu v John Racoveanu (County Court at Central London, 9 July 2021, Mr Recorder Lawrence Cohen QC)
  Maxwell recently acted for the successful defendant in a four-day multi-track trial concerning the beneficial ownership of a residential property registered in the claimant’s sole name. Possession proceedings in trespass were brought against the defendant, which were defended by the defendant on the basis that the property was held on trust by the claimant for him absolutely and counterclaimed for a declaration to that effect, pursuant to the Trusts of Land and Appointment of Trustees Act 1996. Mr Recorder Lawrence Cohen QC, in dismissing the claim for possession, upheld the defendant’s beneficial ownership of the property, which he declared is held on trust for the defendant absolutely.
• (1) Julie Swan (2) Mark Phillips v (1) Paul Andrew Joyce (2) Elaine Joanna Joyce (County Court at Central London, 3 February 2021)
  Maxwell recently acted for the successful respondent in a three-day trial of an application to set aside the transfer of a property from the husband’s estate into the joint names of husband and wife under Section 339, Insolvency Act 1986 (transactions at an undervalue) and a vesting order reversing the transfer. The Court upheld the respondent’s alleged beneficial ownership in the property, rejected the argument that the transfer should be set aside as a transaction at an undervalue, and reduced significantly the open market price payable by the respondent to acquire her husband’s share in the property, by way of equitable accounting.
• (1) The Luxury Italian KBB Co Limited (2) J & M Home Improvement and Construction Limited v (1) Remon Boutros (2) Hakima Boutros, 20 January 2021, His Honour Judge Lochrane
  Maxwell acted for the successful Claimants in an 8-day trial for the payment of a substantial contractual debt, which involved issues including the correct application of the penalty doctrine following the judgment of the Supreme Court in Cavendish Square Holding BV v Talal El Makdessi [2015] UKSC 67 and substantial variations to a complex construction contract.
• Diana Langer v (1) John McKeown (2) The Stratos Club Limited [2020] EWHC 3485 (Ch)
  Led by Romie Tager QC. A 12-day trial before Mr Nicholas Thompsell, sitting as a Deputy Judge of the High Court, of a complex Unfair Prejudice Petition brought under Section 994 of the Companies Act 2006 involving widespread allegations of the misappropriation of company assets and financial mismanagement by a majority shareholder.
• Colin Johnston v Lady Natalie Elsie Wackett [2019] EWHC 3353 (Ch)
  Led by Romie Tager QC. A six-day trial before Mr Edwin Johnson QC, sitting as a Deputy Judge of the High Court, of a claim for an order under Section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 brought against the executrix of the deceased’s multi-million-pound estate, involving allegations of the misappropriation of assets.
• Sablemanor Limited v London Borough of Lambeth PR/2019/035 & 0036
  The successful appeal to the First Tier Tribunal (General Regulatory Chamber) of a number of fines imposed on a London estate agency under for an alleged failure to publicise details of relevant fees at their business premises and online, contrary to Section 83 of the Consumer Rights Act 2015.
• Natalie Klier v Brickfield Properties Limited LON/OOAE/ OLR/2019/0366
  An application for the determination of a premium payable in respect of a replacement lease under Section 48(1) of the Leasehold Reform, Housing and Urban Development Act 1983.
• Crimson Crescent Limited v Thelma Tackie, 29 March 2019, unrep., His Honour Judge Lochrane
  The multi-track trial of a claim for payment of damages for breach of covenant, involving issues of set-off and estoppel and the correct interpretation of Section 20 of the Landlord and Tenant Act 1985.
• Bennett v Bennett & Others [2018] EWHC 1931 (Ch)
  As a pupil, assisting Stuart Hornett. A 14-day trial of the defendant’s and additional parties’ claims to a share in the land used by East Thurrock United Football Club based upon an alleged partnership agreement and/or joint venture.
• Harb v Prince Abdul Aziz [2018] EWHC 508 (Ch)
  As a pupil, assisting Romie Tager QC and Ian Clarke QC. A multi-million-pound breach of contract claim based upon an alleged oral agreement for the payment of £12m and the transfer of two valuable Chelsea properties, raising issues of the certainty of contractual terms and sovereign immunity.