Martha Maher
Call 1987 (Inner Temple)
Qualifications BCL, LL.B, University College, Cork, Ireland, LLM, Sidney Sussex College, Cambridge, Inns of Court School of Law, Inner Temple Major Scholarship, Cork Examiner Scholarship, Pegasus Scholar to Australia
CEDR Accredited Mediator (2008) Called to Irish Bar BL and New South Wales Bar
Professional Memberships Chancery Bar Association, Association of Business Recovery Professionals (R3), Association of Professional Partnerships.
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Martha Maher is a well respected and experienced commercial chancery practitioner with a strong expertise in insolvency, company, partnership, general commercial litigation and civil fraud. She is also an effective representative for parties at mediation and arbitration. Between 1989 and 2009 she practiced from Guildhall Chambers, another leading Bristol set. She is a CEDR accredited mediator. She regularly acts in cases arising out of insolvent or business breakup and is known for her straight forward, commercial, no nonsense approach and for her tough and persuasive advocacy style. She was recently involved in advising and acting in connection with the pre-pack administration of solicitors firm Halliwells LLP reported at 2011 1 BCLC 345. She frequently acts for and advises partners and members in the medical, legal, accountancy and other professions in relation to partnership/LLP disputes involving dissolution and expulsion and similar conduct. She also acts in cases involving contractual disputes, civil fraud and breaches of fiduciary duty. She has also acted in cases involving satellite negligence of legal and accountancy firms in relation to the above areas for example in Walker v Mark Holt and Co 2008 BCC 458 involving allegations of deliberate continued trading at the expense of creditors. Martha has consistently been recommended in the leading legal directories for many years. She is regular speaker at commercial legal seminars including Jordans and the Association of Business Recovery Professionals (R3).
Areas of Practice
Martha practices in the chancery and commercial fields with a strong emphasis on company, partnership, insolvency and contract litigation. She is also an effective representative for parties at mediation and arbitration.
Insolvency
- Corporate, partnership and individual insolvency (e.g. contested winding up petitions, administration, CVAs, IVAs, misfeasance, wrongful trading, preference claims, transactions at an undervalue, clawback transactions, acting for and advising IPs and directors , banks or others associated with or affected by corporate or individual insolvency)
Commercial
- Partnerships, LLPs, joint ventures and other business structures
- Contract litigation
- Injunctive and other interim relief
- Professional negligence especially affecting the aforementioned areas
- Fraud
- Bloodstock and Equestrian Sports
- Arbitration/Mediation Advocate
Company
- Company and LLP disputes including shareholder litigation ( eg Unfair Prejudice petitions under s994 Companies Act 2006, derivative actions, misfeasance actions, breach of fiduciary duties)
- Directors’ rights and duties to include de facto and shadow directors
- Corporate fraud including fraudulent trading
- Company Directors Disqualification Act 1986
Some Recent Cases
- advising and acting in relation to the insolvent breakup of Halliwells LLP and obtaining administration order
- acting for the subsidiary of a plc in a claim for wrongful termination of a greenwaste management contract in circumstances fuelled by current economic climate
- representing an international air carrier in the successful defence of insolvency proceedings against it
- advising LLP in the consultancy business on exit strategy for troublesome member
- acting for member of a European LLP joint venture partner of a leading law firm in relation to an attempted expulsion
- acting for three directors in disqualification proceedings following demise of a company in the motor industry
- advising a party to a joint venture agreement relating to the progeny of an international eventing mare
- advising and representing a party in a negligence action against a part owner of a US trotting horse which settled successfully
Reported cases
- Re Halliwells LLP 2011 BCC 57 – (application for administration order in relation to LLP and directions under para 63 Schedule B1 in relation to pre-pack sales of the business assets)
- Walker (as Liquidator of Jade Group of Companies) v Mark Holt & Co. Ltd. 2007 EWHC 3324 (Ch); 2008 BCC 458 – Fraudulent Trading and professional negligence claim against accountants.
- Mullins v BKR Haines Watts 2003 2WLR 1006 – Partnership dissolution and expulsion in firm of Insolvency Practitioners.
- Fuller v Cyracuse Limited and Real Time Limited 2001 (1) BCLC 187 – Winding-up petition by contributory upon breakdown of shareholders’ relationship-strike out-whether petitioner acting unreasonably in refusing offer by Respondents to purchase his shares -s125(2) 1A 86.
- Bristol and West Building Society v Beck and Melinek 1997 BPIR 358 – Bankruptcy-principles for granting retrospective leave to commence proceedings.
- Re Westmid Packaging Services Ltd Secretary of State v Griffiths et al CA 1998 2 All ER 124 – Director Disqualification-Guidelines for imposition of period of disqualification and s17 leave in CDDA cases.
- Re Tony Rowse NMC Ltd [1996] BCC 196 – Voluntary liquidator’s remuneration, costs and expenses.
- Re Debtors (Nos VA7 and 8) ex parte Stevens 1996 BPIR 101 – IVAs-Appeal against refusal to review principles applicable.
- Re David Meek (Plant) Ltd 1994 1BCLC 680 – Administration Order-whether leave to possess plant required.
- Mordant v Nigel Halls 1995 BCC 209 Nicholls VC – Bankruptcy-whether sum held to order of court was part of bankrupt’s estate.
- Royscot Spa Leasing Ltd v Lovett CA 1995 BCC 502 – s423 I A 86-Transaction defrauding creditors discovery-legal professional privilege.
Direct Access
Martha is qualified to undertake Direct Access work in appropriate cases, for further information, please visit our Direct Access:/direct_access page.
Recommendations
Chambers UK 2012
- Insolvency: Martha Maher is “extremely approachable, very bright and brings a commercial approach to her cases.” Her recent high-profile work includes seeking the administration order for Halliwells LLP.
- Partnership: Martha Maher wins high praise from within the industry for her excellent work on complicated partnership disputes. She has a huge depth of experience, acting in both contentious and non-contentious matters, and is held in very high regard, as evidenced by her involvement in the administration of Halliwells LLP
- Chancery: The meat and drink of “talented” Martha Maher’s practice is contract, company, partnership and insolvency disputes. A highlight in recent months was her involvement in the case of the stricken Halliwells, a matter that raised important insolvency and partnership issues.
- Commercial Dispute Resolution: Martha Maher has established a strong track record in dealing with insolvency and partnership issues. Highlights include dealing with issues connected with insolvent law firm Halliwells LLP.
Chambers UK 2011
- Insolvency: Martha has a broad practice, with particular expertise in company, partnership and insolvency litigation. She is currently acting on behalf of three directors in complex disqualification proceedings involving a motor company.
- Partnership: The “extraordinarily approachable, thorough and experienced” Maher brings to the set an impressive partnership track record. The architect of a practice encompassing chancery and company work, she has been handling numerous disputes between partners, concerning dissolutions and issues relating to the solvency of partnerships.
- Chancery: Solicitors have only positive things to say about Martha Maher, who this year switched to St John’s Chambers from a rival Bristol set. She is most familiar to the market for her insolvency acumen, but also goes great guns on company and partnership disputes.
- Commercial: Insolvency and partnership expert Martha Maher earns great praise for her “tenacity, straightforward advice and phenomenal intellect.” She recently acted in a complex family partnership dispute.
Legal 500 2011
- Martha Maher is the set’s go-to insolvency barrister
Legal 500 2010
- Martha Maher is recommended for professional partnership disputes.
Legal 500 2008
- Martha Maher’s expertise in partnership law was in demand in Muir v Sacharchi, which arose from changes in NHS GP regulations.
Martha’s earlier recommendations can be found in his downloadable CV.
Publications
- Contributed to Jordans Insolvency and the Enterprise Act 2002
Articles
- “The Auditor’s duty of Care: Caporo test 10 years on” 16 Tolley’s Prof Neg 150
Interests
Immerses herself in all aspects of country life including gardening and follows and participates in all equestrian sports especially racing, point to pointing and hunting.
