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Hendersons - Barristers' Chambers

Douglas Maxwell (Second Six Pupil)

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2021

Douglas started pupillage at Henderson Chambers in September 2021. He has worked on cases concerning product liability, health and safety, public procurement, and property law.

Douglas completed a PhD at the University of Cambridge, where he was awarded an HSS Doctoral Scholarship at Emmanuel College. For his BPTC, Douglas was awarded a Lord Astbury Scholarship at Middle Temple.

Prior to pupillage, he was employed in research roles as part of the Property, Family and Trust legal team at the Law Commission of England and Wales, and at the Faculty of Law, University of Oxford. At Oxford, he worked on the Housing After Grenfell project and published articles on construction law, building safety, housing, and human rights. For three months, Douglas was a Judicial Assistant in the High Court, Queen’s Bench Division, where he assisted on a range of cases concerning environmental, EU, and public law.

Douglas has presented papers at leading legal conferences in Europe and North America, including Modern Studies in Property Law and the Association for Law, Property & Society. He has an extensive publishing record in preeminent legal journals such as Public Law, the European Law Review, and the Conveyancer and Property Lawyer.

His first book, The Human Right to Property: A Practical Approach to Article 1 of Protocol No.1 to the ECHR (Hart Publishing, 2022), is available to order. As such, Douglas is uniquely placed to advise on matters concerning the human right to property in Article 1 of Protocol No.1 to the ECHR.


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Instructing Douglas Maxwell (Second Six Pupil)

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Publications
Books
Book Chapters
  • (with Rachel Ansell QC) ‘The development of Building Safety by the Official Referee and the TCC’ in David Sawtell and Sir Peter Coulson (eds) The History of the Technology and Construction Law (Hart Publishing 2023) (forthcoming)
Selected Articles
  • ‘Building Safety: Still under construction’ (2022) 172 New Law Journal 11
  • ‘(Not) going Dutch: compelling states to reduce greenhouse gas emissions through positive human rights’ (2020) Public Law 610-621
  • (with David Elvin QC) ‘Food for thought when varying planning permission’ (2020) 4 Journal of Planning and Environmental Law 580-592
  • (with Dr Matthew Bell) ‘(How) Can a Building Safety Regulator Help Cure the UK’s Defects Crisis? Analysing the Current Proposals in Light of Australia’s Experience’ (2020) 2 Construction Law Journal 3-17.
  • (with David Sawtell) ‘Legal Perspectives on Putting Buildings Right Post-Grenfell: Learning Through Interdisciplinary and Comparative Approaches’ (2020) 1 Journal of Housing Law 15-20.
  • (with Professor Susan Bright) ‘Housing After Grenfell’ (2019) 169 New Law Journal 15-18.
  • (with Professor Susan Bright) ‘Human Rights and State Accountability for Fire Safety in Private Blocks of Flats’ (2019) Human Rights Law Review 1
  • ‘The end of the road for proportionality review when hearing claims for possession by private sector landlords?’ (2019) Journal of Planning and Environmental Law 435-443
  • ‘Broadening the human rights discourse, realising socio-economic rights, and balancing rights to property’ (2019) Public Law 121-145
  • ‘Mistaken Rights to Property, Agricultural Tenancies, And Good Governance’ (2018) 10 Journal of Planning and Environmental Law 1076-1089
  • ‘Reeling in Classifications of Interference Under Article 1 of the First Protocol: R (on the application of Mott) v Environment Agency’ (2018) 6 Journal of Planning and Environmental Law 639-647
  • ‘Article 1 of the First Protocol and a Tenants Right to Compensation’ (2017) 81 Conveyancer and Property Lawyer 475-487
  • ‘Article 1 of the First Protocol: A Paper Tiger in the Face of Compulsory Purchase Orders for Private Profit’ (2017) 12 Journal of Planning and Environmental Law 1337-1357
  • ‘Disputed Property Rights’ (2016) 41 European Law Review 900-925
  • ‘The Apologies (Scotland) Act 2016’ (2016) 61(8) Journal of Personal Injury Law 79-94
Memberships
  • UK Environmental Law Association
  • Constitutional & Administrative Bar Association
Education

Education

  • PhD (Cantab)
  • MPhil (Cantab)
  • LLB (First Class Honours)
  • BPTC

Awards and Scholarships

  • Lord Astbury Scholarship, Middle Temple
  • HSS PhD Scholarship
  • Downey Award
  • Windsor Trust Scholarship

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