In Star Real Estate Ltd v South Q 100 Ltd  WLUK 449, Max Twivy successfully acted for the Claimant […]
29th Jun 2022
Max has a busy and broad practice acting at all stages of litigation, adjudication and arbitration. Max’s areas of practice include construction, engineering, infrastructure, energy and utilities, and technology. Max also regularly takes instructions on general commercial, company and insolvency law matters.
Max regularly appears in court (including the TCC) as sole counsel. Max’s recent instructions as sole counsel include appearing in a trial relating to a commercial development, adjudication enforcement hearings and a Part 8 claim relating to extensions of time.
As junior counsel, Max’s recent instructions include acting in two high-value international arbitrations concerning major airport and rail projects in the Middle East. Max is currently instructed in a final account dispute relating to the façade of a large London residential development and a TCC dispute relating to (amongst other things) fire-related issues in a hospital.
Prior to commencing practice, Max ranked first in the country in two consecutive years at law school, after graduating from Cambridge University with a starred double first. Max won first prize in the SCL Hudson Prize 2018 and has been published in the International Construction Law Review. Max is the current co-editor of the TECBAR Review.
Max has drafted advices on numerous procedural and legal matters including: limitation periods; transfer of proceedings; preliminary issues; disclosure lists; jurisdiction and governing law; assignment; a standstill agreement; merits of a claim against an Approved Inspector; effect of partial possession; procedure for obtaining a costs certificate; charging orders; effect of tiered dispute resolution provisions; independent contractor defence and non-delegable duties; variations under a contract for asbestos removal; application of UCTA; and effect of a limitation clause.
Max has advised on a number of matters relating to guarantees and bonds in a construction context, including valid execution as a deed, lack of consideration, and when/how a call on a guarantee instrument can be made.
Max also has experience of PFI work, including drafting a skeleton argument contesting jurisdiction in a PFI dispute relating to road maintenance, and advice on limitation in a PFI dispute regarding defective cladding.
Max is regularly instructed in adjudications and in adjudication enforcement proceedings. Examples include:
Max has also drafted advice on numerous procedural and commercial, company and contract law matters, including: bonds and guarantees; contractual interpretation relating to various insurance policies; jurisdiction and governing law; limitation; agency; ratification; retention of title in goods and s25 of the Sale of Goods Act; the prospects of obtaining an interim injunction; Environmental Impact Assessment requirements; transfer of proceedings between courts; preliminary issue applications; and disclosure lists.
2018: SCL Hudson Prize, 1st prize; Times Law Awards, runner-up
2017-2018: Bedingfield Scholar, Gray’s Inn
2017-2018: Bar Professional Training Course, BPP Law School, Outstanding (ranked 1st in country)
2016-2017: Graduate Diploma in Law, BPP Law School, Distinction (ranked 1st in country)
2013-2016: University of Cambridge, Trinity College, History BA (Hons), Starred Double First
Ranked 2nd in year in Part I, 3rd in Part II, ranked 1st on aggregate
Faculty of History Prize for Outstanding Performance
Earl of Derby Prize for highest distinction in History, Trinity College
James Webb Prize for the History of Ideas
Gordon Duff Prize, Cambridge University Library
Bowen Prize and Greaves Prize, Trinity College; Senior Scholarship, Trinity College
‘Guidance Notes for Experts participating in Commercial Mediation’ The Academy of Experts 
‘The Prevention Principle After North Midland v Cyden Homes: Time for Change?’  International Construction Law Review 375.
Max is a member of the SCL, TECBAR and COMBAR.