Specialises in high-value matrimonial finance disputes. “A rising star at the Bar.” “His ability to grasp facts and get a hold of the case is phenomenal.”
Chambers and Partners 2020
Year of Call: 2007
University of Leeds (Politics)
BPP law school (GDL & BVC)
Duncan was awarded a scholarship by Gray’s Inn to come to the Bar.
2011 – 2015: Representative on the YBC.
2012 – 2013: FLBA fees subcommittee.
2016: Bar Council working party on the entities and incorporation guidance.
2018: Pension Advisory Group (“The PAG”) focus group
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.
“A rising star at the Bar.” “His ability to grasp facts and get a hold of the case is phenomenal.”
Chambers & Partners 2020
“Good with detail and preparation, great with settlement negotiations.”
Legal 500 2020 – Tier 1
“A born advocate who makes his presence known in the courtroom. He takes a firm but sensible approach to his cases and goes the extra mile.” “An excellent all-rounder who is persuasive on his feet.”
Chambers & Partners 2019
“A creative thinker with a confident demeanour.”
Legal 500 2018/2019
“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
“Clients love him and I’m really impressed by him.”
Chambers & Partners 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.”
Chambers & Partners 2016
Duncan Maxwell-Stewart is employed by and works on behalf of Duncan Maxwell-Stewart Ltd. Duncan Maxwell-Stewart Ltd is a limited company with registered number 09448536 and VAT number 948112031. The registered address is Duncan Maxwell-Stewart Ltd, 19 Westgate, Leeds, LS1 2RD. Duncan Maxwell-Stewart and Duncan Maxwell-Stewart Ltd are authorised and regulated by the Bar Standards Board, for more details visit: www.barstandardsboard.org.uk