Max Darke
Managing Associate
Max is an experienced contentious insolvency lawyer, known for his strategic litigation skills and cross-border asset recovery expertise.
Managing Associate
Max is an experienced contentious insolvency lawyer, known for his strategic litigation skills and cross-border asset recovery expertise.
Language - English
Jurisdiction - England & Wales
Max is a managing associate at Stephenson Harwood, specialising in insolvency and asset recovery litigation. He supports a diverse range of clients, including insolvency practitioners, financial institutions, and corporates, navigating complex insolvency and asset recovery matters. His experience spans multiple sectors such as real estate, sport, construction, technology and proceeds of crime.
Max has broad experience across domestic and international contentious insolvency and asset recovery matters, including court-appointed receiverships, High Court litigation and injunctions, contempt applications, cross-border recognition and antecedent transactions. He advises on both corporate and personal insolvency matters, ensuring clients are well-equipped to manage administrations, liquidations, bankruptcies and asset sales particularly with a cross-border dimension.
He brings clients a unique depth of experience and expertise in relation to court-appointed receiverships in aid of enforcing judgments, managing assets pending litigation and the recovery of the proceeds of crime across multiple jurisdictions. Clients value Max for his strategic insight and pragmatic approach delivering results in high-stakes situations, such as devising global enforcement strategies and managing complex multi-party litigation.
Appointment over a state's assets
Successful appointment and execution of a court-appointed receivership over assets of the Government of the Republic of Ghana (see [2023] EWHC 2351 (Comm)).
Enforcement Receivers of thrice-convicted fraudster Gerald Smith
Managed multi-party litigation to 10-week trial including advantageous settlement negotiations and navigating numerous freezing orders. Further successful trial to take ownership of a house (see [2021] EWHC 1272 (Comm) and [2023] EWHC 255 (Comm)).
Management of companies and assets in multiple jurisdictions
Advising and guiding management receivers on dealing with the shares of 27 companies, their subsidiaries and properties in jurisdictions including UK, Republic of the Marshall Islands, Canada, Netherlands, Spain, Italy, Jersey and the Isle of Man, resulting in recognition applications, further insolvency appointments and a contempt application to enforce the order.
Judgment enforcement
Advising high-net worth individual on enforcement of a judgment and supporting worldwide freezing order, and over 50 applications for relief including charging orders, third party debt orders and winding up petitions.
Recovery of receivership costs
Advising former court-appointed receivers of Blackpool Football Club on successfully defencing their account and recovering their costs (see 2020] EWHC 1726 (Ch); [2021] EWHC 448 (Ch) and [2021] EWHC 1120 (Ch)).
Family Court receivership
Advising receivers on management and sale of the husband's interests in HMO properties and business in London, successfully applying for urgent directions and securing an extended appointment
Securing possession of London property for receivership sale
Securing a further court-appointed receivership appointment to clients in long-running litigation ([2021 EWHC 3053 (Comm)) and securing possession of London properties despite extreme resistance (see [2023] EWHC 1461 (Comm), [2024] EWHC 3154 (Comm) and [2024] EWHC 3161 (Comm)) resulting in a contemnor being imprisoned for 13 months). Sales successfully completed at an increased value.
Trustees in bankruptcy and mental capacity issues
Advising trustees in bankruptcy on realisation of assets in the estate (in England and Italy), seeking possession of bankrupt's home, disposal of items, applications to challenge trustees conduct, and steps in relation to assessment of bankrupt's mental capacity.
Successful IVA challenge
Successfully assisted a bank to obtain a judgment revoking an IVA and leading to a valuable settlement with former supervisor.
SFO restraint of liquidation
Acting for liquidators of Manx company on restraint of assets by Serious Fraud Office including recognition of liquidation in England, securing exceptions relating to an external restraint order to allow the liquidators to be paid and to manage the restrained assets to increase their value.
