Duncan Maxwell-Stewart
Associate Tenant

Practice Areas

Direct Access

Direct Access

“Duncan is a great advocate and puts the clients at ease with his calm manner. His client care skills are excellent.”
Chambers & Partners 2018

Experience

Year of Call: 2007

Education

University of Leeds (Politics)
BPP law school (GDL & BVC)
Duncan was awarded a scholarship by Gray’s Inn to come to the Bar.

Appointments

2011 – 2015: Representative on the YBC.
2012 – 2013: FLBA fees subcommittee.
2016: Bar Council working party on the entities and incorporation guidance.

Profile

Duncan is a specialist family finance and property barrister with a practice focussed upon the financial consequences of relationship breakdown (whether marriage or cohabitation).

He is a thorough and determined advocate who combines commercial acumen and a strong understanding of business and finance.  Duncan is also particularly strong on the application of the chancery principles in the Family Court in third-party interest cases.


Family Property and Finance:

Duncan’s family finance practice is focussed on cases involving businesses, farms, inherited wealth, trusts, assets held abroad, large pensions, third parties claiming beneficial interests in matrimonial assets, strike out applications and annulment of sham bankruptcies designed to defeat the other spouse’s claim. This includes having a strong understanding of the application within the Family Court of the chancery principles. He has particular experience of cases where a large part of the asset base has arisen from a significant Personal Injury award with subsequent management through a professional Deputy in the Court of Protection.

Duncan advises in writing and conference on all aspects of family property and finances, including on the terms of marital agreements whether pre-nuptial (ante-nuptial), post-nuptial or separation agreements.

His practice in financial work extends to complex cohabitation disputes between unmarried couples under the Trusts of Land and Appointment of Trustees Act 1996 (‘TLATA’), financial provision for children pursuant to Schedule 1 of the Children Act, and Inheritance (Provision for Family & Dependants) Act applications.

A niche part of Duncan’s practice is representation within applications brought by the Queen’s Proctor for the setting aside of decrees for divorce (nisi or absolute) when obtained by fraud.

Professional Memberships

FLBA
Gray’s Inn

Directories

Specialises in matrimonial finance disputes arising out of divorce and separation. These can involve both cohabitants and third parties and encompass such issues as inherited wealth, farms, trusts, foreign assets and pensions. He also possesses expertise in cases relating to assets from a personal injury award.
Strengths: “He is very technical and very pleasant to work with. He is great in court and excellent with clients. We try to get Duncan on board, especially on TOLATA cases, with which he is particularly good. The technicalities and procedures can get difficult and it’s good to have someone you can rely on.” “Duncan is a great advocate and puts the clients at ease with his calm manner. His client care skills are excellent.”
Chambers & Partners 2018

 


“An excellent advocate – quick thinking with a keen intellect.”
Legal 500, 2017

“Focus on financial cases and TLATA matters. His matrimonial finance work covers issues such as inherited wealth, farms, trusts, foreign assets and pensions.”

Strengths: “I’ve used him on both children and finance stuff. Clients love him and I’m really impressed by him.”
Chambers & Partner 2017

“He is always a very sensible advocate. He always tries to find a solution but won’t take the easy option, he takes the appropriate option.”
Chamber & Partners 2016

Incorporation Details

Duncan Maxwell-Stewart is employed by and works on behalf of Duncan Maxwell-Stewart PLP Barrister Ltd. Duncan Maxwell-Stewart PLP Barrister Ltd is a limited company with registered number 09448536 and VAT number 948112031. The registered address is Duncan Maxwell-Stewart PLP Barrister Ltd, 19 Westgate, Leeds, LS1 2RD. Duncan Maxwell-Stewart and Duncan Maxwell-Stewart PLP Barrister Ltd are authorised and regulated by the Bar Standards Board, for more details visit: www.barstandardsboard.org.uk