Douglas is a commercial barrister whose practice spans commercial and group litigation, product liability and safety, property, environmental, banking and consumer law, and public law (in particular cases concerning the right to property under Article 1 of Protocol No. 1 to the ECHR (“A1P1”): the subject of his book, The Human Right to Property (Hart Publishing, 2022)). Legal 500 ranks him as a “rising star” at the London Bar.
Group litigation: Douglas has a busy group litigation practice with experience across matters in multiple jurisdictions concerning environmental pollution, mass torts, product liability, consumer rights and human rights. He acts for the Porsche Defendants in the Pan-NOx Emissions Litigation (led by Geraint Webb KC) (one of The Lawyer’s Top 20 Cases for 2025), including in Various Claimants v Mercedes-Benz Group AG and others [2026] EWHC 1753 (KB). He also acted in the Grenfell Tower Civil Litigation and in a proposed mass tort claim concerning alleged historic pollution to land, rivers and groundwater in another jurisdiction.
Property: Douglas is ranked as a “rising star” in Legal 500 2027 for property litigation. He advises and acts across the full range of property work, with particular expertise where A1P1 is engaged and the crossover between property, planning and environmental law in relation to contaminated land, pollution and forever chemicals. Recent instructions include matters arising from the remediation of the former Olympic Village in London, advising multiple entities on all aspects of leasehold reform, acting for a landlord in a dispute over the mutual enforcement of absolute covenants, a disrepair claim concerning a luxury development in central London and assisting on a matter concerning Aqueous Film-Forming Foam (“AFFF”). He has been invited to give evidence to the Irish Government’s Housing Commission and to several parliamentary committees of the UK Parliament on human rights and property issues. He was recently cited in the HCLG Committee Pre-Legislative scrutiny of the draft Commonhold and Leasehold Reform Bill.
Environmental: Douglas is experienced in environmental law matters and has been instructed pre-action in a proposed mass tort claim concerning historic pollution in another jurisdiction, in nuisance claims concerning alleged noxious odours, in confiscation proceedings under the Proceeds of Crime Act 2002 arising from environmental pollution and in the full spectrum of issues concerning contaminated land, dilapidations and related environmental, property and product liability issues arising from the use of PFAS (forever chemicals).
Product liability: Douglas has experience acting in complex regulatory and criminal matters concerning product safety, including recalls, enforcement actions and potential prosecutions. His experience covers (among others) construction products, cosmetics, children’s toys, medical devices and motor vehicles.
Public and Administrative law: Douglas has experience in matters concerning A1P1, Articles 2, 6 and 8 of the ECHR. Instructions include human rights issues arising from the operation of the Building Safety Act 2022, acting for a proposed interested party in the judicial review of the Leasehold and Freehold Reform Act 2024, an appeal against the Secretary of State for Work and Pensions concerning A1P1, and acting for the Ministry of Housing, Communities & Local Government in relation to the Covid-19 Inquiry.
Banking and consumer: He regularly acts for banks and financial institutions in claims concerning allegedly undisclosed commissions, consumer rights, data breaches, and alleged mis-selling.
Douglas holds a PhD from the University of Cambridge and was called to the Bar as a Lord Astbury Scholar. In addition to The Human Right to Property, he co-authored a chapter in The History of the Technology and Construction Court on its 150th Anniversary (eds Sir Peter Coulson and David Sawtell KC), co-wrote practice notes for LexisNexis, and published in journals including the European Law Review and Public Law.
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Expertise
Group Litigation and Class Actions
Douglas Maxwell is regularly instructed in large-scale group litigation and class actions, including Group Litigation Orders (GLOs), representative actions under CPR 19.8 and collective claims concerning product liability, environmental harm, consumer rights and human rights. He has acted for defendants in some of the largest group actions before the English courts, and advises on the structure, viability and case management of proposed group, representative and collective claims.
Recent instructions include:
- Acting for the Porsche Defendants (led by Geraint Webb KC) in the Pan-NOx Emissions Litigation, one of the largest group actions ever brought before the courts of England and Wales, concerning alleged diesel emissions defeat devices, including the liability trial judgment in Various Claimants v Mercedes-Benz Group AG [2026] EWHC 1753 (KB).
- Acting as sole counsel for a former defendant in the Grenfell Tower Civil Litigation.
- Advising on a proposed representative action under CPR 19.8 concerning alleged undisclosed commission.
- Advising on a proposed Group Litigation Order (GLO) concerning alleged human rights violations and environmental pollution in a central African state.
- Assisting on a group claim concerning medical devices.
- Assisting on a group claim concerning pharmaceutical products.
- Advising on a proposed collective human rights action under Article 2 of the European Convention on Human Rights (the right to life).
Douglas contributed to the chapter “Product Liability: Medicines and Medical Devices” in Powers KC (ed), Clinical Negligence (Bloomsbury Professional, 2023) and is co-authoring the chapter on jurisdiction in multi-party actions in the forthcoming new edition of Hodges and Webb KC, Multi-Party Actions (Oxford University Press).
Property Litigation
Douglas Maxwell is ranked as a “Rising Star” for Property Litigation in The Legal 500 UK Bar 2027. He advises and acts across the full range of residential and commercial property disputes, including landlord and tenant, leasehold and service charge disputes, building safety and leasehold reform, disrepair, boundary disputes, land registration and the Electronic Communications Code. He has particular expertise in property cases engaging Article 1 of Protocol No. 1 to the ECHR (A1P1, the human right to property), and in the interface between property, planning and environmental law, including contaminated land, pollution and PFAS (‘forever chemicals’).
Recent instructions include:
- Acting for the Appellants (led by Cecily Crampin) in the Upper Tribunal (Lands Chamber) appeal in Stratford Village Property Holdings 1 Ltd & Anr v East Village Management Ltd [2026] 1 WLUK 79, concerning the leaseholder protections in the Building Safety Act 2022 and notices served under regulation 3 of the Building Safety (Leaseholder Protections) (Information) (England) Regulations 2022.
- Acting for a proposed interested party in the landmark judicial review of the Leasehold and Freehold Reform Act 2024 in the High Court (led by Justin Bates KC), concerning the compatibility of the Act with Article 1 of Protocol No. 1 (A1P1).
- Advising on a proposed application to the European Court of Human Rights in Strasbourg under Article 1 of Protocol No. 1 (A1P1).
- Advising a large commercial entity on contaminated land, and the associated property and environmental issues, arising from the historical use of PFAS (‘forever chemicals’).
- Acting for the successful claimant in a high-value disrepair claim concerning a luxury residential development in central London.
- Advising the purchaser of large commercial premises in London on the application and effect of the Electronic Communications Code.
- Acting for a landlord in a dispute over the mutual enforcement of absolute covenants, including a preliminary issue hearing on the application and interpretation of Duval v 11-13 Randolph Crescent Ltd [2020] UKSC 18.
- Acting for a commercial tenant in an appeal concerning an alleged statutory nuisance under sections 79 and 80 of the Environmental Protection Act 1990.
- Advising a charity on whether a structure on its land was a fixture or a chattel.
- Advising a leaseholder on a claim against the freeholder and management company for consent to improvements unreasonably withheld under section 19(2) of the Landlord and Tenant Act 1927.
- Acting for multiple tenants seeking to enforce their landlord’s implied fitness for human habitation and repairing obligations under the Homes (Fitness for Human Habitation) Act 2018 and the Landlord and Tenant Act 1985, including a claim for contempt of court against a local authority.
- Acting for the successful claimant in a boundary dispute.
- Advising on all aspects of land registration, including disputes before HM Land Registry and the First-tier Tribunal (Property Chamber).
- Advising on a dilapidations matter concerning Jervis v Harris clauses, repairing covenants and the statutory cap on damages under section 18(1) of the Landlord and Tenant Act 1927.
- Acting in multiple disputes concerning residential service charges and ground rents in the First-tier Tribunal (Property Chamber) and the County Court.
Douglas has been invited to give expert evidence to the UK Parliament on human rights and property law, and on leasehold and commonhold reform, on multiple occasions:
- In March 2026, before the House of Commons Housing, Communities and Local Government Committee in its pre-legislative scrutiny of the draft Commonhold and Leasehold Reform Bill. His evidence was subsequently cited in the national press, including in the BBC InDepth article “How the leasehold revolution could transform neighbourly relations” (8 July 2026).
- In January 2024, before the House of Commons Public Bill Committee on the Leasehold and Freehold Reform Bill, where he gave oral evidence and answered questions on Article 1 of Protocol No. 1 (A1P1).
- In January 2024, to the All-Party Parliamentary Group (APPG) on Leasehold and Commonhold Reform, where he addressed the APPG and assembled guests alongside Professor Susan Bright.
Douglas is the author of The Human Right to Property (Hart Publishing, 2022) and has written and spoken widely on the human rights implications of leasehold reform and building safety legislation.
Environmental Law
Douglas Maxwell is regularly instructed in environmental law matters concerning contaminated land, PFAS (‘forever chemicals’), private and statutory nuisance, pollution, waste and alleged noxious odours, in civil, regulatory and criminal proceedings. He has particular expertise in the interface between environmental, property, planning and human rights law, and co-authors Henderson Chambers’ series of Alerters on PFAS litigation and regulation.
Recent instructions include:
- Assisting a large commercial entity in responding to suspected PFAS contamination arising from the historic use of aqueous film-forming foam (AFFF) firefighting foam.
- Matters concerning private nuisance, Rylands v Fletcher escapes of chemicals, waste law, the Environmental Permitting (England and Wales) Regulations 2016, the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 and the contaminated land regime under Part 2A of the Environmental Protection Act
- Acting for the Porsche Defendants (led by Geraint Webb KC) in the Pan-NOx Emissions Litigation concerning alleged diesel emissions defeat devices.
- Advising on a proposed Group Litigation Order (GLO) concerning alleged human rights violations and environmental pollution in a central African state.
- Acting for a well-known restaurant chain in proceedings concerning alleged offences under the Environmental Protection Act 1990 relating to statutory nuisance, noise and allegedly noxious odours.
- Assisting on a matter concerning confiscation proceedings under the Proceeds of Crime Act 2002 arising from environmental pollution and the alleged illegal dumping of waste.
Douglas also has experience of environmental public law: as a Judicial Assistant in the Administrative Court he worked on cases concerning environmental law, contaminated land and planning law.
Product Liability and Product Safety
Douglas acts and advises in product liability and product safety matters concerning allegedly defective or unsafe products in civil, regulatory and criminal contexts, including product liability claims, product recalls, regulatory enforcement action (including by the Office for Product Safety and Standards) and potential prosecutions.
Recent instructions include:
- Acting for the Porsche Defendants (led by Geraint Webb KC) in the Pan-NOx Emissions Litigation concerning alleged diesel emissions defeat devices.
- Multiple claims concerning allegedly defective motor vehicles.
- Assisting on a matter concerning the historic use of aqueous film-forming foam (AFFF) firefighting foam containing PFAS.
- Responding to regulatory enforcement action concerning products including bath soap, toothpaste, toys, mattresses and construction products.
- A matter concerning an allegedly defective bicycles, with related product recalls in other jurisdictions.
- Claims concerning allegedly defective industrial and agricultural equipment.
- Assisting on group claims concerning medical devices and pharmaceutical products.
Douglas assisted on the chapter “Product Liability: Medicines and Medical Devices” in Powers KC (ed), Clinical Negligence (Bloomsbury Professional, 2023).
Banking, Finance and Consumer Credit
Douglas Maxwell is regularly instructed as sole counsel, at first instance and on appeal, in banking, finance, consumer credit and consumer rights disputes. He acts for banks, lenders and motor finance providers, and for individual borrowers and consumers, in the High Court and the County Court.
Recent work includes:
- Acting as sole counsel for the successful defendant bank in the High Court in Abayomi v Barclays Bank UK Plc [2025] EWHC 566 (KB).
- Acting in a claim concerning an alleged breach of the UK GDPR.
- Acting for the successful appellant in Young v Santander Consumer (UK) Ltd (County Court at Central London, 2025), an appeal concerning jurisdictional issues and third party debt orders.
- Multiple claims under section 75 of the Consumer Credit Act 1974 (creditor liability for a supplier’s misrepresentation or breach of contract), including claims concerning the alleged mis-selling of solar panels.
- Multiple unfair relationship claims under sections 140A to 140C of the Consumer Credit Act 1974 concerning alleged undisclosed commission in PPI and motor finance agreements, including claims following the Supreme Court’s decision in Johnson v FirstRand Bank Ltd [2025] UKSC 33.
- Hire purchase and return of goods claims for motor finance lenders, including shortfall claims and the protection of innocent private purchasers under Part III of the Hire Purchase Act 1964.
- Mortgage possession and enforcement proceedings for lenders, including applications to suspend warrants of possession.
Public Law, Judicial Review and Human Rights
Douglas Maxwell has particular expertise in public law and human rights claims engaging Article 1 of Protocol No. 1 (A1P1) and Articles 2, 6 and 8 of the European Convention on Human Rights, including judicial review, statutory appeals and public inquiries. Recent instructions include:
- Advising on human rights issues arising from the operation of the Building Safety Act 2022.
- Acting for a proposed interested party in the judicial review of the Leasehold and Freehold Reform Act 2024 in the High Court (led by Justin Bates KC).
- Acting in an appeal against the Secretary of State for Work and Pensions concerning A1P1.
- Acting for the Ministry of Housing, Communities and Local Government in relation to the UK Covid-19 Inquiry.
- Advising on a proposed application to the European Court of Human Rights under Article 1 of Protocol No. 1.
- Advising on a proposed collective human rights action under Article 2 of the European Convention on Human Rights (the right to life).
- Advising on a proposed Group Litigation Order (GLO) concerning alleged human rights violations and environmental pollution in a central African state.
Douglas is the author of The Human Right to Property (Hart Publishing, 2022), a monograph on the right to the peaceful enjoyment of possessions under Article 1 of Protocol No. 1 to the ECHR, and is uniquely placed to advise on A1P1 challenges to legislation, regulatory action and other interferences with property rights. He holds a PhD from the University of Cambridge and has published on human rights and public law in leading journals such as the European Law Review and Public Law.
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Instructing Douglas Maxwell
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Books
- ‘The Human Rights to Property: A Practical Approach to Article 1 of Protocol No.1 to the ECHR’ (Hart Publishing 2022)
Book Chapters
- (with Rachel Ansell KC) ‘Fire at the Palace: 150 Years of Fire Safety in Buildings’ in Sir Peter Coulson and David Sawtell (eds) The History of the Technology and Construction Court on its 150thAnniversary (Hart Publishing 2023)
- (with Ognjen Miletic and Christopher Adams) ‘Jurisdiction’ in Geraint Webb KC (ed) Multi-Party Actions (2nd ed, Oxford University Press) (forthcoming)
Practice Notes
- (with Adam Heppinstall KC) ‘ECHR Article 6 (Practice Note)’ LexisNexis PSL Public Law
Selected Articles
- (with Henry Warwick KC) ‘Johnson v FirstRand Bank Limited’ (2025) 175 New Law Journal 8
- ‘Divided but ruled’ (2024) 174 New Law Journal 13
- ‘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 KC) ‘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 Law1076-1089
- ‘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 Law1337-1357
- ‘Disputed Property Rights’ (2016) 41 European Law Review 900-925
- The Collective Redress Lawyers Association (CORLA)
- The Constitutional & Administrative Law Bar Association (ALBA)
- The UK Environmental Law Associations (UKELA)
- The Commercial Bar Association (COMBAR)
- The Property Bar Association (PBA)
- PhD (Cantab)
- MPhil (Cantab)
- LLB (Hons) First Class
- Lord Astbury Scholar (Middle Temple)
- HSS PhD Scholarship (Cambridge University)
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For more information about the way barristers at Henderson Chambers work, including our fee transparency statement and our complaints process, please click here.
Bar Council Number: 74599
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Legal Status: Barrister
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