3PB

Commercial

Overview

Makhsudul Islam is a commercial litigation barrister.

Makhsudul has built up a busy court practice of trials and interlocutory hearings. Away from court, he drafts opinions, pleadings, conducts conferences and acts as a mediation-advocate. He has a strong following and is regularly instructed by leading international (including law firms from the UAE) and regional commercial law firms.

Makhsudul is regularly instructed in the following:

• Company and partnership disputes
• Insolvency (corporate and personal)
• Contractual disputes
• Supply of goods and services
• Debt recovery
• Enforcement of personal guarantees
• Insurance disputes

Clients have praised Makhsudul's technical ability, attention to detail, his effectiveness in giving detailed and clear opinions early on in proceedings, and his ability to put solicitor and lay clients at ease with his personable approach.

Makhsudul was a finalist for Barrister of the Year at the Worcestershire Law Society Awards 2023.

Outside of work, Makhsudul is keen on keeping fit and mental well-being. He enjoys weight training, football, cycling, travelling and reading. He is also a self-confessed "horologist" and has a passion for collecting vintage timepieces.

He speaks five additional languages – Bengali (fluent), Urdu (fluent), Hindi (fluent), Arabic (basic) and French (basic).

Commercial

Makhsudul accepts instructions on a wide range of commercial disputes including contractual breaches, breach of manufacturer warranty, loss of chance/opportunity claims, debt recovery, supply of goods and services and enforcement of personal guarantees.

He regularly represents some of the leading insurers, technology giants, banks, energy providers, shopping complexes, private schools and builders’ merchants in the UK.

Makhsudul’s recent experience includes defending a luxury German and Japanese vehicle manufacturer against professional negligence and breach of manufacturer warranty claim.

Aside from attending hearings and trials, Makhsudul is very well-versed in drafting opinions and pleadings in commercial matters. He is well-known for turning around opinions and pleadings very quickly and well in advance of any set deadlines.

Some of his recent work includes:

• Advising a private healthcare provider and its director (on their personal liability) on a high value dispute arising out of a condition precedent clause in a share purchase agreement.
• Advising one of the largest builders’ merchants in the UK on its transfer of assets and assignment of debts following its merger and acquisition with another large builders’ merchant.
• Advising a renowned Japanese vehicle manufacturer on the prospects of success of obtaining a strike out and summary judgment on a professional negligence and breach of warranty claim.
• Advising a consultancy of construction experts on its prospects of recovering outstanding fees from an international law firm and a project management company.
• Advising and attending a trial on behalf of structural engineers for payment of outstanding invoices concerning desktop designs for an excavation that had gone wrong.
• Advising and drafting the Particulars of Claim for a property developer in recovering outstanding commercial rent arrears.
• Advising a consumer and drafting the Particulars of Claim in a claim against a well-renowned German luxury car brand for breach of contract.
• Advising a leading hotel chain on its contractual liability to contractors in the event of an Act of God (i.e. the COVID-19 pandemic).
• Advising and drafting Defences on behalf of a company and one of its directors who were being pursued by a consultant.
• Advising one of the largest builders’ merchants in the UK on their prospects of enforcing a personal guarantee against a director.
• Advising and drafting a Reply to Defence and Counterclaim, for an estate agent on an alleged oral variation to the terms and conditions and its entitlement to commission on the sale of a portfolio of properties.
• Advising and drafting a skeleton argument in a dispute between an ex-husband and wife arising out of the breach of an oral agreement.
• Advising a private school on its prospect of recovering outstanding school fees.
• Advising and drafting the Particulars of Claim for a leading energy provider on its prospects of recovering outstanding payments from a well-renowned hotel chain.

As an extension of Makhsudul’s commercial practice, he can also attend the following hearings if required:

• Returns of goods
• Possession (relating to section 8 and section 21 notices)
• Application to suspend warrant of eviction
• Trespass
• Forfeiture
• Appeals

In addition to the above, Makhsudul has experience of drafting forfeiture proceedings both for non-payment of rent and “other” breaches. He regularly advises commercial landlords and legal expenses insurers on breaches of lease agreements, interpretation of clauses and the prospects of obtaining an order for forfeiture.

Enforcement

As a result of Makhsudul’s commercial practice and in particular his specialism of debt recovery, clients regularly instruct him to attend enforcement hearings. He is able to attend the following hearings:

• Charging order
• Orders for sale
• Third party debt order
• Attachments of earning order
• Determination

Insolvency and Bankruptcy

Makhsudul attends bankruptcy and winding-up hearings on a regular basis at the Royal Courts of Justice and regional Business & Property courts. Aside from attending hearings, Makhsudul has experience of drafting:

• Statutory demands
• Verification of petitions
• Insolvency Act applications
• Settling witness statements on behalf of creditors contesting the annulment of a bankruptcy order
• Opinions on the prospects of obtaining a bankruptcy or winding-up order.

Year of Call: 2013

Makhsudul speaks five additional languages – Bengali (fluent), Urdu (fluent), Hindi (fluent), Arabic (basic) and French (basic).

The Honourable Society of Middle Temple Midland Circuit

LL.M, University of Law Bar Professional Training Course, University of Law Bioethics, University of Oxford LL.B Hons, University of Birmingham