Makhsudul Islam > Chambers of David Berkley KC > Birmingham, England > Barrister Profile

Makhsudul Islam

Work Department

Commercial

Position

Prior to coming to the Bar, Makhsudul was a litigation lawyer for two international law firms, bringing a wealth of experience and understanding of private practice.

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’s practice primarily focuses on commercial litigation, including contractual disputes, debt recovery, supply of goods and services and enforcement of personal guarantees.

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

Interests

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.

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 include:

• 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.
• Advising a private school on its prospect of recovering outstanding school fees.
• 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 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 one of the largest builders’ merchants in the UK on their prospects of enforcing a personal guarantee against a director.
• Advising and drafting Defences on behalf of a company and one of its directors who were being pursued by a consultant.
• 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 a consumer and drafting the Particulars of Claim in a claim against a well-renowned German luxury car brand for breach of contract.
• Advising and drafting the Particulars of Claim for a property developer in recovering outstanding commercial rent arrears.
• 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 a consultancy of construction experts on its prospects of recovering outstanding fees from an international law firm and a project management company.
• 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.

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.

Insolvency

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.

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.

Costs

Makhsudul is very well-versed in costs law and has substantial experience in attending Costs and Case Management Conferences (CCMCs), costs applications, summary and detailed assessment hearings. Aside from advising and attending hearings, he is able to draft costs budgets (Precedent H), budget discussion reports (Precedent R), points of dispute, costs applications and skeleton arguments.

Career

Year of Call: 2013

Languages

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

Memberships

• The Honourable Society of Middle Temple
• Midland Circuit

Education

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