Max Twivy

• Appeared as junior counsel in an international arbitration trial relating to a methanol plant. Max himself carried out some of the advocacy during the trial.
• Acted as junior counsel in a multi-billion-dollar arbitration regarding a major airport in the Middle East, and in a high-value arbitration relating to a major Middle East rail project.
• Appeared as sole counsel for the successful claimant in a trial concerning the scope of a contractual variation provision in relation to a commercial development: Star Real Estate Ltd v South Q 100 Ltd [2022] 4 WLUK 449.
• Appeared as sole counsel in a trial for the successful claimant relating to excavation road works in Sheffield.
• Instructed as junior counsel in Northumbria Healthcare NHS Foundation Trust v Lendlease Construction (Europe) Ltd & Others, one of The Lawyer’s Top 20 Cases of 2022. The issues involved include alleged fire-safety defects.
• Currently instructed in a multi-party TCC claim relating to cladding and fire-safety in a high-rise student accommodation development in London.
• Currently instructed in a cladding dispute between a developer and contractor regarding a high-rise residential building, which considers changes in the law under the Building Safety Act 2022.
• Instructed as junior counsel in a final account dispute relating to the façade (including cladding and sliding doors) of a large residential development in London.
• Appeared as sole counsel for the successful applicant in a TCC application for a final charging order arising out of enforcement of an adjudication decision: Blacknest Gate Ltd v Seymour Realty Ltd [2020] EWHC 3878 (TCC).
• Appeared as sole counsel for the successful claimant (against a leading silk) in enforcing an adjudication decision and resisting a Pt 8 claim challenging the correctness of the decision: Breakshore Ltd v Red Key Concepts Ltd [2022] 5 WLUK 677
• Appeared as junior counsel in the TCC for the successful applicant seeking security for costs: Dimension Data Advanced Infrastructure v Berkeley Homes [2020] EWHC 1328 (TCC).
• Acted as junior counsel in a TCC claim regarding a post-termination final account for M&E works.
• Drafted pleadings in various other TCC claims, including relating to termination and defects.
• Drafted Defence on behalf of a bank in a claim relating to a call on a performance bond.
• Drafted skeleton argument for permission to appeal a TCC judgment.
• Regularly appears as sole counsel in the High Court and County Court, for example: obtaining an interim injunction for a contractor in the High Court; appearing in a trial relating to defective work; and a set aside Default Judgment application in an engineering dispute.

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.

• Appeared as junior counsel in an international arbitration trial relating to a methanol plant.
• Drafted skeleton and grounds for appeal of a TCC judgment regarding a biomass energy plant.
• Drafted Defence & Counterclaim in a claim relating to shutdowns in oil production of an FPSO.
• Drafted advice on the defective design of parts of a waste processing/anaerobic digestion plant.
• Drafted arbitration memorial relating to a power purchase agreement.
• Drafted advice on retention of title clauses in a contract for the supply of solar panels.
• Drafted Defence and RFI in a claim relating to the Carbon Emissions Reduction Target scheme.
• Drafted advice for an offshore windfarm developer regarding its rights to carry out surveys and injunctive relief.

• Acted as junior counsel in a multi-billion-dollar international arbitration on behalf of an architectural and project management firm, in a professional negligence dispute regarding a major airport in the Middle East.
• Drafted Particulars of Claim in a TCC claim against an engineer and D&B contractor relating to a car park.
• Drafted Particulars of Claim alleging negligent design of a bridge by mechanical engineers.
• Drafted skeleton argument for a defendant’s application for strike out/summary judgment on the basis of a lack of expert evidence supporting a professional negligence claim against a construction manager.
• Drafted Defence and Contribution Notice in a negligence claim regarding septic tanks.
• Drafted advice on measure of damages and the SAAMCO principle in a claim against a consulting engineer.
• Drafted Defence in a defective design claim against architects regarding balcony soffits.

• Acted as junior counsel in a $2 billion arbitration in a dispute over the design, procurement, and construction of a major airport in the Middle East. Individually responsible for producing the response to one section/package of the Statement of Defence and Counterclaim relating to passenger boarding bridges.
• Acted as junior counsel in a high-value arbitration relating to a major Middle East rail project, including throughout trial.
• Instructed as junior counsel (drafting memorial statements of claim) in three arbitrations relating to MEP works in the construction of malls and a luxury resort in the Arabian Peninsula.
• Drafted skeleton argument for a stay under s.9 Arbitration Act 1996.

Max is regularly instructed in adjudications and in adjudication enforcement proceedings. Examples include:

• Appearing for the successful claimant in adjudication enforcement proceedings against a contractor who resisted enforcement on the basis that the adjudication decision was incorrect.
• Appearing for the successful defendant to a Part 8 claim seeking declarations to the effect that an adjudication decision should not be enforced.
• Appearing for the successful applicant in a charging order application in TCC adjudication enforcement proceedings: Blacknest Gate Ltd v Seymour Realty Ltd [2020] EWHC 3878 (TCC).
• Appeared as sole counsel for the successful claimant in enforcing an adjudication decision and resisting a Pt 8 challenge: Breakshore Ltd v Red Key Concepts Ltd [2022] 5 WLUK 677
• Acting as junior counsel in an adjudication relating to a high-value final account dispute.
• Acting as sole counsel in a ‘smash and grab’ adjudication.
• Drafting Part 8 TCC claims seeking declaratory relief relating to an adjudicator’s jurisdiction, regarding: the conclusiveness of a final account; and the effect of a previous decision.
• Acting for an adjudicator in a claim for non-payment of his fees.
• Drafting advices on: resisting enforcement of an adjudication decision on the grounds of non-crystallisation of a dispute; severance of part of a decision; set-off; the jurisdiction of one adjudicator to revisit a decision made in a previous adjudication; the effect of adjudication clauses which are non-compliant with the Scheme; options for a claimant where enforcement had been made subject to an unconditional stay.

• Appeared as sole counsel in the High Court Senior Courts Costs Office, successfully obtaining a charging order enforcing sums due under Default Costs Certificates, in proceedings relating to the compulsory purchase of land by an acquiring authority.
• Appeared as sole counsel in the High Court (Insolvency and Companies List), successfully obtaining an interim injunction to restrain the presentation of a winding-up.
• Appeared in the Companies Court Winding Up List to apply for a winding-up order.
• Appeared as sole counsel in the Chancery Division, obtaining an indemnity costs order.
• Appeared as sole counsel in a trial relating to the contractual interpretation of provisions under a development management agreement: Star Real Estate Ltd v South Q 100 Ltd [2022] 4 WLUK 449.
• Appeared as sole counsel in a trial relating to the identity of the contracting entities in a contract for the sale of goods.
• Drafted a Defence to a payment claim by a PR company following termination of its contract.
• Drafted Defence on behalf of a bank to a claim calling on a performance bond.
• Drafted advice for a purchaser under a contract for the sale of a hotel.
• Various insolvency matters, including: advising on an appeal against a decision on a creditor’s proof of debt; and drafting skeleton argument for a stay on the basis that the defendant had entered voluntary liquidation.

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, 1^st prize; Times Law Awards, runner-up

2017-2018:   Bedingfield Scholar, Gray’s Inn

2017-2018:   Bar Professional Training Course, BPP Law School, Outstanding (ranked 1^st in country)

2016-2017:   Graduate Diploma in Law, BPP Law School, Distinction (ranked 1^st in country)

2013-2016:    University of Cambridge, Trinity College, History BA (Hons), Starred Double First

Ranked 2^nd in year in Part I, 3^rd in Part II, ranked 1^st 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 [2021]

‘The Prevention Principle After North Midland v Cyden Homes: Time for Change?’ [2019] 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.