Maxwell Myers

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 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 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.