In Houston & Ors v Transport for London  EWHC 3279 (KB), Max Twivy appeared for the Defendant, Transport for […]
9th Jan 2023
Max has a busy practice which belies his year of call, acting at all stages of litigation, adjudication and arbitration. Max’s areas of practice include construction, engineering, professional negligence and energy, as well as general commercial and insolvency law matters.
Max is regularly instructed as sole counsel. Recent instructions as sole counsel include appearing for the successful claimant in a trial relating to a commercial development, and appearing against a leading silk in the hearing of an adjudication enforcement and Part 8 claim in which Max’s client was successful.
As junior counsel, Max’s recent instructions include appearing in an international arbitration trial relating to a chemical plant (in which Max carried out some of the advocacy), acting in one of The Lawyer’s Top 20 Cases of 2022 (a multi-party TCC claim relating to a hospital), and acting for two of the UK’s largest developers in disputes relating to cladding and façades. Other recent instructions include acting in two international arbitrations concerning airport and rail projects in the Middle East.
Max placed 1st in the SCL Hudson Prize, has been published in the International Construction Law Review, and is co-editor of the TECBAR Review. Max ranked 1st in the country at law school, having graduated from Cambridge University with a starred double first.
Max has drafted advices on numerous procedural and legal matters including: limitation periods; jurisdiction and governing law; assignment; the merits of a claim against an Approved Inspector; the effect of partial possession; the effect of tiered dispute resolution provisions and limitation clauses; the independent contractor defence and non-delegable duties; and the application of UCTA.
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 cladding dispute.
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. Max is on the TECBAR committee, and is a co-editor of the TECBAR Review.