The Courts increasingly read implicit protections for bankrupt individuals into statutory powers, say Max Marenbon and Anneliese Mondschein in a recent article for the New Law Journal

In modern English bankruptcy law, the courts restrict their broad statutory powers by finding implicit procedural protections for bankrupt individuals, as two welcome recent decisions show. Max Marenbon and Anneliese Mondschein (pupil barrister) praise the court’s increasingly modern approach to interpreting statutory bankruptcy powers.

Max is a commercial chancery junior with a particular focus on company, trust and insolvency disputes, civil fraud and commercial litigation. His recent instructions include some of today’s most high profile or legally-innovative commercial and chancery disputes.

To read their article in full, please click here (paywalled).

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Max Marenbon is a commercial chancery barrister specialising in civil fraud, company and insolvency disputes. He is recognised by the Legal 500 directory as a ‘Leading Junior’ at the London Bar and a ‘Rising Star’ in the Middle East.  

Max has appeared as sole counsel in significant cases, including a leading authority on the English courts’ jurisdiction to grant worldwide freezing orders against third parties. He has assisted with cases at all appellate levels.  His Middle East practice is centred on the courts of the Dubai International Financial Centre (DIFC) and the Abu Dhabi Global Market (ADGM).  

He is interested in how the law treats new ways of doing business, has experience of cryptocurrency-related litigation, and is growing a practice in artificial intelligence litigation.  He has acted as sole advocate in AI-related cases in the UK and Middle East, including the leading ADGM authority on the use of AI-generated documents in litigation. 

Appointed to the UK Attorney General’s Panel of Junior Counsel to the Crown in 2024, Max previously qualified as a solicitor at a leading City firm and served as judicial assistant to Lord Wilson at the UK Supreme Court. 

Max Marenbon

Call: 2020

Since joining chambers in 2024 on the successful completion of pupillage, Anneliese has enjoyed acting led and as sole counsel in matters both domestic and offshore. She has a particular interest in matters involving trusts, private clients, contracts and commercial arrangements, matrimonial finance, intellectual property, and art and cultural property. 

Anneliese is identified as a ‘Rising Star’ in the Legal 500, and as ‘Up and Coming’ in Chambers & Partners’ High Net Worth Guide and UK Bar directories. 

Well-publicised matters in which Anneliese has been involved include the Jersey Heritage Trust’s claim against artist Christopher Levine (led by Stephanie Wickenden, for the claimant), Ant and Dec’s successful application for a Norwich Pharmacal order against a respondent art dealer (led by Harry Martin, for the applicants), a trademark dispute arising out of a “Dragon’s Den” invention (led by Michael Edenborough), and the will validity dispute Leonard v Leonard [2024] EWHC 321(ChD) (as a pupil). 

Prior to joining Chambers, Anneliese was a fine art specialist at international auction houses. She holds an MBA alongside her legal and undergraduate qualifications and is bilingual in French. 

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