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Patrick Maxwell

Call 2011

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. He frequently acts for construction professionals. In addition, Patrick’s experience of property litigation is 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 a high net worth individual in a claim against a contract administrator arising out of extensive residential project.
  • Acting for the defendant solicitors firm in response to allegation that it had failed properly to conduct a substantial personal injury claim.
  • 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 firm in a case concerning the adequacy of pre-conveyance surveys and advice.
  • 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 neighbouring 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).
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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

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