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Max
Thorowgood
Called 1995
(Lincoln's Inn)
MA (Hons) 1st Class, St Andrews
Robert T Jones Junior Memorial Fellow
Deputy Adjudicator to HM Land Registry
Main Areas
of Practice
Property Inheritance and
Probate Insolvency Commercial Employment Costs
Professional
Memberships
ChBA
Property Bar Association
ELA
Profile
Max is a general Chancery practitioner
specialising in property, probate, insolvency
and commercial disputes. Other fields of
expertise include employment, professional
negligence and costs.
Max embraces the essential function of the
advocate: to advance his client's case with the
utmost discretion and resolution.
Property
Max sits as a Deputy Adjudicator to HM Land
Registry. He works for a wide range of clients
in all areas of property related litigation
including:
- Real property
- Land registration including proceedings
before the Adjudicator to HM Land
Registry
- Rights of way and boundary
disputes
- Easements
- Adverse possession
- Restrictive covenants
- TLATA claims
- 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
Max has appeared in the Court of Appeal, the
High Court, County Courts, the Adjudicator to
HM Land Registry, 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 and
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'.
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.
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.
Employment
Max's practice covers discrimination, unfair
dismissal; executive termination and confidence
injunctions.
Notable Cases
LB of Tower Hamlets v Wooster
[2009] IRLR 980 - Age discrimination in
dismissal for redundancy prior to the early
retirement watershed.
Marshall v BCM EAT 0401/03 TM 22nd
July 2003 - Appeal to the EAT concerning the
chain of causation in claims for compensation
for unfair dismissal.
Costs
Max often deals with claims by solicitors to
recover their fees as well as claims by
trustees in bankruptcy's claims for their
costs.
Publications and
seminars
‘The Impact of Barclays Bank v
O'Brien, Estates Gazette 1997
If you would like any further information
regarding Max Thorowgood's practice, please
contact his clerks or
call +44 (0)20 7405 6114.
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