3PB

Commercial

Makhsudul is a specialist commercial barrister.

He is regularly instructed in complex and high value cases in both the High Court and County Court. He has a strong following and is sought after by international law firms (including from the UAE), as well as leading City and regional law firms.

Makhsudul holds significant experience in commercial litigation, and is often instructed in the following types of disputes:

• Company and partnership
• Insolvency (corporate and personal)
• Breach of contract
• Supply of goods and services
• Debt recovery
• Guarantee, indemnity and warranty
• Insurance
• Professional negligence

A Silver Circle law firm described Makhsudul as “practical, proactive and a very safe pair of hands.” Other clients have praised Makhsudul for being fastidious, and for his effectiveness in giving detailed and clear opinions early on in proceedings. He is known for putting 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, reading, gardening, and travelling. 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).

Makhsudul is also able to accept instructions on a direct access basis.

Commercial

Makhsudul has a proven track record in complex and high value disputes, particularly in the areas of company and partnership disputes, breach of contract claims, debt enforcement, guarantee enforcement, indemnity and warranty claims, insurance disputes and professional negligence.

His experience spans advisory work, drafting, and advocacy before the High Court and County Court. He has acted for a diverse client base, including multi-national technology companies, sports clubs, financial institutions, universities, insurers, luxury car manufacturers, energy providers, hospitality chains, private schools and local government.

Examples of recent work include:

• Advised a group of engineering and design companies on their prospects of pursuing their insurance brokers for professional negligence and breach of contract, following an outbreak of fire at their premises and refusal by the insurers to cover the losses.
• Advised a large local government authority on the prospects of bringing a £6m claim against the parent companies of a negligent subsidiary company.
• Advised on the prospects of success on appeal, after a judge did a U-turn by granting permission to appeal in their written judgment, on grounds that were not submitted by way of oral application at the trial.
• Advised on the prospects of success of a prominent Cryptocurrency influencer who fell victim to a serious data breach, and was extorted out of a substantial sum by a customer service agent of a well-known international bank.
• Drafted Particulars of Claim on a share purchase agreement dispute, which was agreed orally by the founding investors of an Italian restaurant in the UK.
• Advised the owner of a luxury yacht moored in Italy on the prospects of establishing professional negligence against a British broker, following damage caused to the yacht by the broker’s foreign agent.
• Advised a leading “science-tech” company on limitation and its prospects of success in establishing negligence against a haulage company, after its invention caught fire during transportation.
• Advised a private healthcare provider and its director on a high value dispute arising out of a condition precedent clause in a share purchase agreement.
• Drafted Part 8 proceedings for the restoration of a company to the Company Register, in order for a multi-national telecommunications company to pursue proceedings in the UK.
• Advised the largest builders’ merchant in the UK on its transfer of assets and assignment of debts following its merger and acquisition with another large builders’ merchant.
• Advised a consultancy of construction experts on its prospects of recovering outstanding expert’s fees from an international law firm and a project management company, in circumstances where the expert failed to comply with court deadlines.
• Advised and attended a trial (successfully) on behalf of structural engineers against an excavation company, who had caused injury to the land and extensive damage to a construction site, due to negligence.
• Advised and drafted a Particulars of Claim against a well-renowned German luxury car brand, arising out of a breach of warranty.
• Advised and drafted Defences on behalf of a company and one of its directors who were being pursued by a motivated ex-employee.
• Advised and attended a trial (successfully) for one of the largest builders’ merchants in the UK, in a dispute arising out of a personal guarantee against a director, who refused that the agreement bore their signature and pleaded fraud.
• Advised and drafted a Reply to Defence and Counterclaim for an estate agent on a dispute regarding an oral variation to the terms and conditions, and its entitlement to commission on the sale of a portfolio of properties.

Insolvency
Makhsudul frequently appears before the High Court and County Court in winding-up and bankruptcy hearings, representing creditors, debtors and insolvency practitioners. Aside from substantive hearings, he has experience of making applications, such as:

• Application to contest jurisdiction
• Application to set aside a statutory demand
• Application for an injunction to restrain the presentation or advertisement of a winding-up petition
• Application to amend a petition
• Application to refer to/adjourn to a higher level judge
• Application for alternative service
• Application to contest annulment
• Application for costs in favour of a supporting creditor
• Application relevant to transactions at an undervalue
• Application for liquidator's remuneration
• Section 216 application

Makhsudul is adept at drafting opinions on complex, high value winding-up and bankruptcy proceedings. He is experienced at drafting Insolvency Act applications on technical and intricate insolvency disputes.

Examples of recent work include:

• Advised and successfully attended a bankruptcy hearing for a debt of £323m, following lengthy fraud proceedings against a director of a UK-based company.
• Successfully made an application for the costs of a supporting creditor (previously the petitioner), after strategically advising it to take up a supporting creditor role to secure a winding-up order against an elusive debtor.
• Successfully obtained a winding-up order against a property developer after it and its solicitors had managed to obtain adjournments on technical grounds for 5 months.
• Drafted an opinion on the prospects of success of a property developer obtaining a winding-up order against a sister company, on an intra-company loan debt of £136,000.00, and defending a cross-claim of £20m.
• Successfully obtained a bankruptcy order for a financial institution in the UAE, against an evasive foreign national residing in the UK, on a debt of £631,000.00.
• Successfully obtained a bankruptcy order on behalf of a portfolio landlord against an elusive debtor, who dishonestly evaded service and was a vexatious litigant for the 1 year duration of the bankruptcy proceedings.

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 Midlands Chancery and Commercial Bar Association

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