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Maurice Holmes

Call 2015

Maurice Holmes has a broad practice encompassing the majority of Chambers’ core specialisms. He is currently instructed in ongoing High Court disputes both as junior and sole counsel. He regularly appears in a variety of County Court hearings. Prior to undertaking pupillage in Chambers, Maurice developed experience with a solicitors’ firm specialising in commercial litigation and international arbitration.

Maurice obtained a first-class degree in Law, and was an inaugural winner of The Times 2TG Moot competition, the final of which was judged by Lord Clarke, Christopher Clarke LJ (as he then was) and Sir Richard Aikens.

Commercial

Maurice has a practice spanning the full breadth of Chambers’ commercial work. His experience includes matters involving breach of contract, the sale and supply of goods and services, bailment, agency disputes, commercial fraud and financial services.

Prior to undertaking pupillage in Chambers, Maurice worked for a firm specialising in commercial litigation and international arbitration. He has a keen understanding of the practical demands faced by commercial litigators.

 

Selected Cases

Maurice has recently acted as junior counsel in connection with:

  • An appeal to the Court of Appeal against the decision in Brogden & Anor v Investec Bank Plc [2014] EWHC 2785 (Comm) – Concerning claims by investment bankers for monies due under a bonus clause in their employment contracts (led by Raymond Cox QC and Daniel Shapiro).
  • Schluep v Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A. t/a Rabobank International, London Branch [2016] EWHC 1175 (QB) – An ongoing High Court claim by a former trader for stigma damages following his former employer’s involvement with the LIBOR scandal (led by Nicholas Randall QC and Andrew Smith).

Maurice’s recent instructions as sole counsel include the following:

  • A Commercial Court claim for approximately £1.2m, concerning the enforcement of a foreign judgement at common law.
  • A High Court claim against a foreign company for the recovery of unpaid solicitors’ fees (including an application for permission to serve out of the jurisdiction).
  • A High Court claim involving the sale of goods and their transportation from a foreign jurisdiction to the UK, whereafter they were rejected and returned without justification.
  • Multi-million euro arbitration proceedings concerning a claim for monies due pursuant to (and a counterclaim pursuing alleged repudiatory breaches of) a sponsorship agreement.
  • A claim by an estate agent for commission due under an agency agreement.
  • A claim for damages following the negligent and/or inadequate supply of cleaning services.
  • A claim against a modelling agency concerning alleged copyright infringement.
  • Credit hire litigation.

Maurice assisted as a pupil on matters including:

  • A claim arising from the administration of a self-invested pension plan (led by Daniel Shapiro).
  • A claim for damages and/or in restitution following the non-delivery of goods due to be transferred under a supply agreement (led by Crispin Winser).
  • The summary enforcement of an adjudication decision (led by Richard Sage).
  • A dispute over the correct measure of damages to be applied under the Sale of Goods Act 1979 (led by Michael Harvey QC).
  • Research into the effect of a purported contractual termination on the operation of an ADR clause (led by Andrew Rigney QC).
  • An arbitration claim following alleged breaches of a share purchase agreement (led by Muhammed Haque QC).

Prior to joining Chambers, Maurice was involved in matters including:

  • Bonhams v Lawson & Ors [2015] EWHC 3257 (Comm), stakeholder proceedings concerning ownership of the most expensive road-legal car ever purchased by public auction in the UK (a 1954 Ferrari 375-Plus).
  • An action relating to alleged defects in a private helicopter, including oil leaks, rotor blade issues and problems with the aircraft’s communication and navigation systems.

Insurance & Reinsurance

Maurice has a particular interest in all forms of disputes relating to insurance and reinsurance. His experience includes matters concerning policy wording, scope of cover, fraud, breaches of warranty and condition precedent, non-disclosure, misrepresentation, notification clauses, and more technical issues such as proximate cause and aggregation.

 

Selected Cases

Maurice’s recent instructions as sole counsel include the following:

  • Advice as to the scope of coverage under a policy of facultative reinsurance, including the likely operation of a deductible clause in the underlying policy.
  • Advice on the revision (in light of the Insurance Act 2015) of policy wordings used by a major insurer, with a particular focus on the fraudulent claims provisions.
  • Research into the doctrine of proximate cause under English law, in connection with an international arbitration in a foreign jurisdiction.
  • A marine cargo claim following the theft of equipment in a foreign jurisdiction, giving rise to issues including the operation of Cl. 16 under the Institute Cargo Clauses (A) and the materiality of non-disclosures.
  • A claim against a broker concerning alleged failings in the placement of appropriate PI insurance.
  • Proceedings concerning the repudiation of a Home Insurance policy following evidence of a fraudulently made flood damage claim.

Maurice assisted as a pupil on matters including:

  • An application for permission to appeal against the decision in Involnert Management Inc v Aprilgrange Ltd & Ors [2015] EWHC 2225 (Comm), concerning a dispute over the interplay between related policies of Hull & Machinery and Increased Value insurance (led by Daniel Shapiro).
  • Advice as to the scope of coverage under a policy of Professional Indemnity insurance (led by Daniel Shapiro).
  • An arbitration claim following an insurer’s allegedly wrongful refusal to indemnify (led by Daniel Shapiro).
  • A claim for indemnity under a policy of Public Liability insurance, involving issues as to late notification (led by Daniel Shapiro).
  • A claim for indemnity (and/or in negligence against the producing broker) under a policy of Commercial Combined insurance (led by Crispin Winser).
  • A coverage dispute arising from the alleged breach of a collateral agreement reached upon the inception of a policy (led by Richard Sage).

Professional Liability

Maurice has experience of claims against a range of professionals, including insurance brokers, solicitors, barristers, accountants and financial advisors.

 

Selected Cases

Maurice’s recent instructions as sole counsel include the following:

  • A claim against a firm of solicitors following the provision of negligent advice upon the settlement of proceedings.
  • A claim against a broker concerning alleged failings in the placement of appropriate professional indemnity insurance.
  • A claim against a tax advisor for negligent advice.

Maurice assisted as a pupil on matters including:

  • A claim against various financial entities and advisors following the loss of self-invested pension funds (led by Daniel Shapiro).
  • An action brought by two groups of claimants against a firm of solicitors arising from the provision of negligent advice in connection with the purchase of foreign properties (led by Daniel Shapiro).
  • A preliminary issue hearing to determine limitation (particularly, the relevant date of knowledge) following the provision of allegedly negligent advice by a firm of solicitors (led by Daniel Shapiro).
  • An action in tort against a placing broker, concerning its role in the placement of a Charterers’ Liability policy (led by Daniel Shapiro).
  • A claim against (inter alios) a producing broker, brought in contemplation of the claimant’s failed recovery under a policy of Commercial Combined insurance (led by Crispin Winser).
  • A claim against an insurance broker for the negligent placement of liability cover (led by Richard Sage).

Sports Law

Maurice’s expertise and personal background in combination provide a firm grounding for his growing practice in sports law. Formerly a professional cricketer (for Warwickshire CCC), Maurice draws upon his understanding of the industry alongside his legal experience across all areas of commercial dispute resolution. Moreover, in appearing regularly before a range of arbiters and tribunals as part of his broader practice, Maurice’s ability as an advocate makes him a natural candidate to appear and succeed in sport-specific hearings.

Maurice recently returned to Chambers after undertaking a secondment with a law firm ranked by the directories as one of the leading sports firms in the UK. Consequently, he benefits from exposure to a high volume of work in this field for a barrister of his call.

 

Selected Cases

Maurice has assisted in a variety of matters, including:

  • (1) Aljaž Bedene and (2) The Lawn Tennis Association v The International Tennis Federation, in which sole arbitrator Charles Hollander QC was appointed to determine the lawfulness of the ITF’s recently introduced eligibility rules for Davis Cup tennis (led by Thomas de la Mare QC).
  • The Professional Integrity Officers v X, drafting submissions as to the appropriate sanction following charges brought against a player under the Tennis Anti-Corruption Programme.
  • Yorkshire RFU v X, representing a rugby player in a disciplinary hearing following charges brought for conduct allegedly prejudicial to the interests of the game.
  • Proceedings against a major golf course in respect of allegedly unlawful acts occurring during its annual hosting of a European Tour event.
  • Multi-million euro arbitration proceedings concerning a claim for monies due pursuant to (and a counterclaim pursuing alleged repudiatory breaches of) an agreement for the title sponsorship of a major sports event.
  • Action on behalf of a worldwide sports governing body seeking recovery of monies due pursuant to the terms of a promoter’s agreement.
  • Advising as to the (un)enforceability of restrictions in a long-term youth development contract.
  • A claim arising from the tax implications of player ‘image rights’ structures.
  • Advising a national sports governing body as to the available steps against secondary market operators facilitating the unlawful resale of match tickets.
  • Advising the Professional Cricketers’ Association on proposed revisions to the ECB Regulations for suspected illegal bowling actions.
  • Advising a professional sportsman over a dispute concerning unpaid pension contributions by his club.
  • A dispute concerning alleged breaches of a share purchase agreement pursuant to which the ownership of a Formula One team was to be transferred (led as a pupil by Muhammed Haque QC).

ADR

Maurice has experience of both domestic and international arbitrations, by virtue of his previous work with a specialist firm and his involvement since joining Chambers. He is familiar with many of the major institutional rules, including ICC, LCIA and UNCITRAL.

Maurice also accepts instructions in connection with other forms of ADR, such as mediation and adjudication. He has attended numerous mediations, and is experienced in drafting Position Statements and negotiating on behalf of lay clients.

Maurice (led by Roger ter Haar QC and Crispin Winser) was a contributing author to the chapter on Awards, in Global Arbitration Review’s publication The Guide to Construction Arbitration.

 

Selected Cases

Maurice has recently acted as junior counsel in:

  • (1) Aljaž Bedene and (2) The Lawn Tennis Association v The International Tennis Federation, in which sole arbitrator Charles Hollander QC was appointed to determine the lawfulness Davis Cup tennis eligibility rules under EU and domestic law (led by Thomas de la Mare QC).

Maurice’s recent instructions as sole counsel include the following:

  • Multi-million euro arbitration proceedings concerning a claim for monies due pursuant to (and a counterclaim pursuing alleged repudiatory breaches of) a sponsorship agreement

Maurice assisted as a pupil on matters including:

  • An arbitration claim following alleged breaches of a share purchase agreement (led by Muhammed Haque QC).
  • An arbitration claim following an insurer’s allegedly wrongful refusal to indemnify (led by Daniel Shapiro).
  • Confidential arbitration proceedings concerning the manufacture of allegedly defective medical devices (led by Alexander Antelme QC, David Myhill and Richard Sage).

Construction & Engineering

Maurice has acted in a range of disputes involving construction or utilities projects, often concerning issues such as design claims, interim payment claims, EOTs delay and disruption, LADs and contractual interpretation.

Maurice (led by Roger ter Haar QC and Crispin Winser) was a contributing author to the chapter on Awards, in Global Arbitration Review’s publication The Guide to Construction Arbitration.

 

Selected Cases

Maurice has assisted in matters including the following:

  • A claim for deficient and/or negligent construction works (and a counterclaim for unpaid fees).
  • Advising as to the viability of resisting adjudication enforcement proceedings on the basis of set-off.
  • Advice as to a claim for overcharging and delay in completion of a construction and energy project (led as a pupil by Crispin Winser).
  • A claim concerning the Party Wall etc. Act 1996 (led as a pupil by Crispin Winser).

Property Damage

Maurice has various experience of property damage claims, most notably relating to fire, flooding and subsidence.

 

Selected Cases

Maurice’s recent instructions as sole counsel include the following:

  • A claim seeking an order for damages and a mandatory injunction following subsidence allegedly caused by tree roots
  • A claim following a fire caused by the deficient and/or negligent supply of maintenance services

Maurice assisted as a pupil on matters including:

  • A successful application for summary judgment in the dismissal of a claim in negligence for damage to a residential property caused by fire (led by Richard Sage)

Product Liability

Maurice has experience of product liability disputes including those relating to both industrial and consumer products, and in contexts ranging from design, to manufacture and engineering issues.

 

Selected Cases

Maurice’s recent instructions as sole counsel include the following:

  • A claim concerning an allegedly defective ventilation system.
  • A claim involving a washer in tap, the eventual cause of flooding, which was either defectively manufactured or fraudulently manipulated.

Maurice assisted as a pupil on matters including:

  • A claim for damages arising from a fire caused by a faulty dishwasher (led by Daniel Shapiro).
  • A claim for damages, including business delay and interruption, caused by alleged defects in a drying unit (led by Richard Sage).
  • Confidential arbitration proceedings concerning the manufacture of allegedly defective medical devices (led by Alexander Antelme QC, David Myhill and Richard Sage).

Personal Injury

Maurice appears regularly in County Court hearings determining disputes as to liability and/or quantum in claims for personal injury. This has provided Maurice with invaluable experience of advocacy (and, in particular, witness handling) from the earliest possible stage, as Chambers ensures that all its tenants receive.

 

Selected Cases

Maurice’s recent instructions as sole counsel include the following:

  • An occupiers’ liability claim in respect of injuries caused by the allegedly deficient design of a raised patio area.

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