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Patrick Maxwell

Call 2011

Patrick Maxwell joined Crown Office Chambers in 2015 having established a successful civil and commercial practice at a leading common law chambers. He continues to develop a broad practice across all areas of Chambers’ work with a particular emphasis on commercial matters concerning professional negligence, construction and insurance.

Having frequently appeared in court since commencing practice, Patrick is an accomplished advocate and very effective in cross examination. He is highly regarded by instructing solicitors for the quality of his advice and legal drafting.

Construction & Engineering

Patrick deals with the wide variety of claims that arise in the context of construction and engineering disputes. His work has included disputes concerning bailment, breach of contract and negligence. Alongside his court practice, Patrick is often instructed in adjudications and arbitrations.

Selected Cases

  • LB Harrow v Engie (2018) (TCC) Acting (with Andrew Rigney QC) in successful claim for a declaration as to the extent of the claimant’s obligation to take out a policy of latent defects insurance.
  • Successfully defending, at 3-day trial, a claim involving multiple allegations of defective work against a contractor. Indemnity costs awarded.
  • Acting (with Roger ter Haar QC) in ICC arbitration proceedings arising from a major construction project in the Middle East. Particular focus on extensions of time and liquidated damage provisions. Acting (with Andrew Rigney QC) for a number of contractors in cases arising from the negligent design and/or manufacture of prefabricated bathroom units.
  • Adjudication concerning the payment mechanism of a non-standard form construction contract.
  • Adjudication concerning a dispute over the proper basis of payment for variations.
  • Acting for a subcontractor involved in a large construction project at a major national airport in a claim concerning various allegations of breach of contract and delay.
  • Achieving the dismissal, on procedural grounds, of a claim concerning the supply of plant and machinery.

Commercial

Patrick provides advocacy, advice and drafting on a wide variety of commercial cases. Much of his work involves contractual disputes and he also has experience of company law, passing off and the economic torts.

Selected Cases

  • Acting in a high value claim concerning the negligent provision of tax advice to multiple parties in which there are allegations of fraudulent misrepresentation, bribery and breach of fiduciary duty (with Roger ter Haar QC).
  • A High Court claim under the CMR concerning the theft of goods during carriage with issues of agency and estoppel.
  • Pursing a successful claim for a major London restaurant franchiser against a franchisee for various breaches of contract.
  • Acting in a claim concerning the adequacy of the design of an online engine for providing insurance quotations, which also involved arguments about the payment mechanism of the contract between the parties.
  • Advising on a dispute between competing businesses concerning bribery and unlawful means conspiracy.

Insurance & Reinsurance

Patrick is frequently instructed by insurers in all the areas in which he practices. He has substantial experience of fraudulent claims as well as disputes concerning policy interpretation, avoidance of cover for nondisclosure, misrepresentation and breach of notification clauses.

Selected Cases

  • LB Harrow v Engie (2018) (TCC) Acting (with Andrew Rigney QC) in successful claim for a declaration as to the extent of the claimant’s obligation to take out a policy of latent defects insurance.
  • Advising (with Andrew Rigney QC) on interpretation of a combined Public and Product Liability policy in c.£3m property damage claim.
  • Successfully achieving, at trial, the dismissal of the entirety of a claim under a travel insurance policy on the basis of a representation that exaggerated the value of a modest element of the claim.
  • Acting in a claim concerning the validity of a settlement agreement in which it was alleged that a loss adjuster had acted without or in excess of the authority of its principle.
  • Advising in a claim for contribution arising out of damage caused by defective construction machinery. The case turned on the interpretation of the Construction Plant-hire Model Conditions for the Hiring of Plant.

Personal Injury

Patrick has substantial experience of personal injury litigation having acted for both claimant and defendants in the wide variety of claims. He frequently appears in trials and has experience of inquests.

Patrick has successfully acted in many claims arising out of employers liability, public liability, highways accidents and road traffic accidents. He is frequently instructed to defend industrial disease claims. Patrick also has particular expertise in claims brought against prisons and security professionals and the related human rights issues that these cases often involve.

Selected Cases

  • Successfully defending numerous claims brought by prisoners seeking damages for injuries sustained at prison as a consequence of assaults, slips and trips and accidents at work.
  • Acting in claims concerning the negligent provision of care in residential facilities. Also instructed in related inquests.
  • Acting for the claimant in c.£500k claim in which the claimant developed chronic pain following an accident at work.
  • Acting for numerous claimants in a proposed High Court claim where serious injuries were suffered at a public sporting event.
  • Advising on and succeeding at trial in various claims concerning industrial deafness.
  • Acting for the defendant prison operator in a claim brought by a prison officer who was assaulted whilst transporting a violent prisoner.
  • Acting in the defence of numerous fraudulent RTA claims concerning staged accidents and phantom passengers.
  • Successfully defending RTA claims on the basis of LVI and other causation arguments.

Professional Liability

Patrick is instructed in professional negligence matters involving a wide range of professionals. His experience across a variety of legal disciplines is invaluable in this area. In particular, Patricks experience of property litigation is often put to use claims concerning mortgage brokers, managing agents, conveyancers and solicitors.

Selected Cases

  • Acting for the claimants in a dispute concerning the negligent provision of accountancy services and tax advice which also involves allegations of breach of contract, fraudulent misrepresentations, bribery and breach of fiduciary duty (with Roger ter Haar QC).
  • Acting for the defendant firm in a case concerning the adequacy of pre-conveyance surveys and advice. The claim was discontinued following the CCMC. (With Daniel Shapiro).
  • Advising in a case concerning the allegedly negligent construction and/or design of a residential property’s foundations.
  • Advising in a case concerning the negligent conveyance of a residential property involving the failure of the vendor to discharge a mortgage.
  • Acting for the defendant accountancy firm in a claim concerning the allegedly negligent provision of advice in respect of a share-buy-back agreement.
  • Acting for the defendant solicitors firm in response to allegations that a personal injury claim was settled under value.
  • Acting for the claimant in a dispute arising where the defendant firm failed adequately to identify the property subject to a conveyance leading to extensive litigation with the proprietors of a neighboring property.
  • Advising in a claim arising from solicitors allegedly negligent instruction of a surveyor to proceed with an expert determination.

Property

Patrick has substantial experience of property law and often appears in courts and the First Tier Tribunal (Property Chamber) in disputes relating to land. Patrick frequently acts in commercial landlord and tenant matters and is happy to advise on questions of real property.

Selected Cases

  • Instructed (with Christopher Pymont QC) in proceedings under section 30(1)(f) of the 1954 Act concerning the interests of two major high-street banks.
  • Acting as sole counsel in a c.£1m dispute between landowners and property developers about the extent of a right of way over a railway bridge and related maintenance obligations.
  • Achieving, at mediation, the favourable settlement of a claim concerning the extent of a reserved right of way which involved construction and rectification arguments.
  • Defending proceedings regarding numerous historic breaches of a long residential lease before the First Tier Tribunal (Property Chamber).
  • Advising on the prospects of successfully appealing the decision of a rent review arbitration.
  • Application for adverse possession of commercial premises before the First Tier Tribunal (Property Chamber).

Property Damage

Patrick is frequently instructed in claims arising from damage to property. He has experience of claims where damage has been caused by floods, fires, storms and trees. Patrick is adept with dealing with the technicalities of expert evidence as well complex questions of causation that often arise in such disputes.

Selected Cases

  • Advising in a £1m claim arising from a fire caused by the negligence of a subcontractor.
  • Acting in a claim in which substantial damage was caused to high value premises by reason of defective plumbing.
  • Advising in a number of claims concerning subsidence caused by tree root damage.
  • Acting for a restaurateur who suffered substantial loss from business interruption as a result of a flood caused by negligent contractors.
  • Instructed on behalf an insurer seeking an injunction to carry out urgent works to mitigate structural damage caused by flooding.
  • Advising in a claim for contribution arising out of damage caused by defective construction machinery. The case turned on the interpretation of the Construction Plant-hire Model Conditions for the Hiring of Plant.
  • Acting in a claim for damage to a residential property caused by falling trees.

Inquests & Public Inquiries

Patrick has an established practice in coronial work. He frequently appears at Pre Inquest Reviews and Inquest hearings both with and without juries. The majority of his inquest work concerns deaths in custody but he also has experience of inquests arising from RTAs and allegedly negligent medical treatment.

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Qualifications


  • BA Hons (First Class), University of Oxford
  • GDL, City University
  • BPTC, City University
  • David Karmel Award, Grays Inn
  • Holt Scholarship, Grays Inn
  • Academic Scholarships, Lady Margaret Hall, University of Oxford

Memberships


  • SCL
  • COMBAR
  • PNBA
  • PBA
  • PIBA

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