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 (1992), New South Wales Bar (1993)
Professional Memberships Chancery Bar Association, Association of Business Recovery Professionals (R3), Association of Professional Partnerships.
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Areas of Practice
Martha joined St John’s Chambers in October 2009 after having practiced for a number of years from another leading set in Bristol. Martha practices in the chancery and commercial fields with a particularly strong emphasis on company, partnership and insolvency litigation. She is also an effective representative for parties at mediation and believes that in the majority of disputes the challenge is to achieve advantage for a client in the shifting balance between merits and cost. Mediation is an essential tool in achieving best advantage for a client.
Company and Insolvency
- Corporate, partnership and individual insolvency (eg 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)
- Company and LLP disputes including shareholder litigation ( eg Unfair Prejudice petitions under s994 Companies Act 2006, derivitive actions, misfeasance actions, breach of fiduciary duties)
- Directors’ rights and duties to include defacto and shadow directors
- Company Directors Disqualification Act 1986
Commercial
- Partnerships, LLPs, joint ventures and other business structures
- Contract disputes
- Injunctive and other interim relief
- Professional negligence especially affecting the aforementioned areas
- Mediation
Recent Cases
- 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
Reported Cases
- 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 Neuberger 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 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.
Recommendations
Chambers UK 2010
- Insolvency: She is praised for her ability to offer “clear, pragmatic and no-nonsense advice under time-constrained circumstances.” Her practice covers contentious and non-contentious insolvency. Particularly noted for her expertise in disqualification proceedings, she combines a “highly detailed knowledge of insolvency law with a personable yet firm approach with clients.”
- Partnership: Martha Maher, “a persistent and highly creative advocate,”
- Chancery: Martha Maher, who is particularly adept at both contentious and non-contentious insolvency. The architect of a good general chancery practice, she is “someone who you always get your money’s worth out of.”
- Commercial: Martha Maher has expertise in company and partnership issues, where she is regarded as “a consistent and extremely competent performer,” as well as a very good mediator. Her recent work has included successfully representing the liquidator of the Jade Group in fraudulent trading and professional negligence proceedings, and advising on the insolvency aspects of a multimillion-pound multiparty pension scheme deficit.
Chambers UK 2009
- Insolvency: The “incredibly knowledgeable” Martha Maher draws praise as “an extremely thorough and diligent advocate.” Renowned for her meticulous documentation, she has of late been advising on directors’ duties and on the break-up of a medical partnership affected by new NHS regulations.
- Partnership: Testament to the calibre of individuals here, Martha Maher commands respect across the market: an acknowledged authority in this sector, her practice has been dominated of late by a stark increase in the number of instructions from the medical sector. Following the recent NHS contract reforms, she has increasingly been assisting professional practices with partnership dissolutions, discrimination and expulsions. “Tenacious and solid in her knowledge of the law and procedure,” she “relates well to clients” and “has none of the ivory tower approach you sometimes get with barristers.”
- Chancery: Martha Maher has of late been acting for a director/minority shareholder of a pharmaceutical company in unfair prejudice proceedings. Clients like her because she is “tenacious and approachable”.
- Commercial: Martha Maher also receives considerable praise. Although major partnership disputes have occupied a significant amount of this junior’s time over the past year, she is “incredibly tenacious and committed to the cause” in commercial litigation.
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.
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.
