Books & Publications
Max Twivy was a member of the working party that created The Academy of Experts (TAE) new “Guidance Note for […]
26th Mar 2021
Max joined Atkin Chambers as a tenant in 2019. He has gained experience at all stages of litigation, adjudication and arbitration, encompassing a variety of bespoke and standard form contracts including JCT, NEC and ACE forms, as well as PFI contracts. Max has also gained experience in a broad range of general commercial work.
Max’s recent instructions have included appearing as sole counsel in the High Court and County Court, including in full trials. Max is currently instructed as junior counsel in two high-value international arbitrations concerning major airport and rail projects in the Middle East, as well as in a TCC claim relating to a large London residential development. Max recently undertook a secondment in the construction disputes team of an international law firm, gaining an insight into the commercial pressures faced by parties involved in disputes.
Prior to commencing practice, Max graduated from Cambridge University with a starred double first in History. He ranked first in the country in two consecutive years at law school. Max won first prize in the SCL Hudson Prize 2018 and has been published in the International Construction Law Review.
Max has drafted advices on numerous procedural and legal matters including: limitation periods; transfer of proceedings; preliminary issue applications; 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; enforcement of a charging order; effect of a dispute resolution provision in a rail link contract; 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 and how a call on the guarantee/bond 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 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.
SCL Hudson Prize, 1st prize; Times Law Awards, runner-up
Bedingfield Scholar, Gray’s Inn
Bar Professional Training Course, BPP Law School, Outstanding (ranked 1st in country)
Graduate Diploma in Law, BPP Law School, Distinction (ranked 1st in country)
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.
Max spent a week marshalling judges in the TCC in April 2019. In late 2019, he undertook a secondment in the construction disputes team of an international law firm.