Max Thorowgood

Called 1995

 

Max is a Chancery practitioner specialising in property, probate and inheritance, commercial and insolvency disputes.

Max currently sits as a Judge of the First-Tier Tribunal, Property Chamber, Land Registration Division and sat as a Deputy Adjudicator to Her Majesty’s Land Registry from 2008. He has a particular interest in problems with a Land Registration/Real Property aspect. He is the Chairman of Chambers’ Property Group and has been instrumental in arranging seminars and continuing professional development within Chambers.

Claims of professional negligence by solicitors, surveyors and others dealing in commercial and residential property often arise out of the underlying disputes and these too form a significant part of Max’s practice.

Max embraces and is inspired by the essential function of the advocate: to advance his client’s case with the utmost skill, discretion and resolution.

Max is a qualified direct access barrister.

If you would like any further information regarding Max Thorowgood’s practice, please contact his clerks or call +44 (0)20 7405 6114.

Property

Max sits as a Judge in the First Tier Tribunal Land Registry Division. He works for a wide range of clients in all areas of property related litigation including:

  • Real property
  • Land registration including proceedings before the First Tier Tribunal Land Registry Division
  • Rights of way and boundary disputes
  • Easements
  • Adverse possession
  • Restrictive covenants
  • Claims under the Trusts of Land and Appointment of Trustees Act 1996 (“TLATA/ToLATA”)
  • Property related professional negligence claims involving solicitors and surveyors
  • Landlord and Tenant (commercial and residential)
  • Leasehold enfranchisement and Right to Manage
  • Service charge disputes
  • Cases concerning Mobile Homes Act 1983
  • Matters relating to the Inclosure Acts
  • Public Rights of Way – Highways, Restricted Byways

Max has appeared in the Court of Appeal, the High Court, County Courts, the First Tier Tribunal Land Registry Division, the Upper Tribunal (Land Chamber) and the Leasehold Valuation Tribunal.

Notable cases:

  • Gordon v Mitchell [2007] EWHC 1854 (Ch). – ( Gillett v Holt  estoppel)
  • Sleebush v Gordon – [2005] EWHC 3447 (Ch), [2004] All ER (D) 148 (Sep) Ch D. Proprietary estoppel
  • Meddick v Shiplake Parish Council – Claim to enforce the provisions of an award under Inclosure Act 1845
  • Bassett Road Housing Association v Gough CLY 1998 3653 – Right of beneficial joint tenant to seek relief from forfeiture
Inheritance & probate

Max’s practice covers probate claims, Court of Protection as well as claims under Inheritance (Provision for Family and Dependants) Act 1975.

Notable cases:

  • Plowright v Smith [2006] All ER (D) 234 (Jul). – Challenge to the validity of wills of which the principal beneficiary was a ‘professional will writer’.
Commercial

Max regularly handles contractual disputes in all their common forms including partnership disputes, sale of goods, debt recovery, confidence injunctions, freezing injunctions and other applications for interlocutory relief.

Notable cases:

Close Brothers Ltd v Ridsdale and others [2012] EWHC 3090 (QB). Bank loan. The Queen’s Bench Division held that the claimant merchant bank was entitled to collect on the guarantee provided by the husband and wife in respect of the loan given by the claimant to a company of the husband and wife. Max acted for the successful claimant.

Insolvency

Max specialises in corporate and personal insolvency and challenges to Trustees’ costs and remuneration.

Notable cases:

  • Nicholls v Lan & Anor [2006] BPIR 1243, [2007] 1 FLR 744 – Appeal to the High Court concerning the requirement for the Court, in considering a Trustee’s application for an order for sale, to have regard to the interests of the creditors specifically rather than generally.
  • James v Rutherford-Hodge [2006] BPIR 973 – Appeal to the Court of Appeal concerning a bankrupt’s standing to seek an annulment of his bankruptcy in reliance upon the equity in his former matrimonial home.
Education
  • MA (Hons) 1st Class, St Andrews
  • Robert T Jones Junior Memorial Fellow
  • Deputy Adjudicator to HM Land Registry
Professional memberships
  • ChBA
  • Property Bar Association
Publications & seminars

Max is regularly called upon to talk on his specialist areas of practice. He has recently chaired and spoken at our Junior Property Seminar series on topics including Business Tenancies, Short Residential Leases and Long Residential Leases.