Max was seconded to the Enforcement and Market Oversight Division of the Financial Conduct Authority for approximately two years and advised on aspects of significant and complex financial investigations. Whilst there he gained experience of a broad spectrum of enforcement proceedings including variation of permissions, compelled information requests, consideration of interviews, and regulatory remediation. Max was involved in a wide range of cases including integrity and advice cases.

Max was instructed as independent privilege counsel on the SFO v Rolls Royce PLC and Rolls Royce Energy Systems Inc investigation (resulting in the biggest financial settlement in a deferred prosecution ever) and as independent privilege counsel in the SFO v Unaoil investigation. Max also has experience advising clients where they are facing allegations of financial crime such as money laundering and fraud. He has advised in cash forfeiture proceedings following acquittal of money laundering as well having appeared on behalf of a client found trying to remove large quantities of cash from the jurisdiction.

Max’s commercial experience often includes claims arising from fraud and he has been instructed on behalf of, and against, well-known banks. He was recently instructed in a commercial fraud case following purported failed international investments across three continents. A highlight of Max’s cases are:

• Assisting the defence to lift a worldwide freezing injunction in ICICI Bank UK v Mihir Mehta & Ors [2017] EWHC 1030 (Comm).

• Junior assisting the defence in Clydesdale Bank plc v (1) Stoke Place Hotel Ltd (In administration) (2) Novtej Singh Dhillon (3) Sarina Thiara Dhillon (4) Andrew Paul Seavers [2017] EWHC 181 (Ch).

• Instructed as independent privilege Counsel in the largest deferred prosecution ever (SFO v Rolls-Royce PLC and Rolls-Royce Energy Systems Inc U20170036).

• Advised on privilege in a £400m banking claim: Wall v Royal Bank of Scotland Plc [2016] EWHC (Comm).

• Advised on privilege in a £multi-million construction claim.

• Instructed by the defence to assist in international investigations in respect of hidden assets allegations. This instruction required travel to Spain to liaise with Spanish lawyers about the case.

• Advised and appeared in cash forfeiture proceedings where there were attempts to remove a large quantity of cash from the jurisdiction.

• Advised in cash forfeiture proceedings following successful acquittal of money laundering allegations.

Max undertakes work in all areas of employment law and is instructed by both Claimants and Respondents at all stages of proceedings. He has advised Claimants and Respondents on appeal to the Employment Appeal Tribunal and has appeared in his own right there. He is regularly instructed in complex multi-day and multi-party disputes which sometimes span years requiring extensive case management and interlocutory hearings. 

Recent instructions include:

• Currently instructed in multiple cases involving long running discrimination and harassment claims.

• Advised a non-departmental public body in a long running discrimination claim.

• Successfully defended claims for whistleblowing, race discrimination, and breach of contract, on behalf of a well-known public transport company.

• Successfully defended claims of discrimination and unfair dismissal on behalf of a well-known public transport company.

• Successfully represented a client (following a 3-week liability hearing) in a matter against the Police Commissioner of the Metropolis for race and disability discrimination.

• Advised and successfully represented a client in a claim for unfair dismissal against a non- departmental public body following allegations of being under the influence at work. Max also advised on the concurrent regulatory referral to the HCPC in respect of this matter.

• Instructed by the headmaster of a school in an unfair dismissal claim following allegations of gross misconduct. This matter had concurrent and independent High Court proceedings. (Matter settled)

• Advised and represented a client in respect of pregnancy discrimination claims. This case dealt with allegations of illicitly obtained documents. (Matter settled).

• Advised a client in an unfair dismissal claim in respect of allegations of fraud. (Matter settled)

• Advised and acted in an unfair dismissal and disability discrimination claim against a national company. (Matter settled)

• Successfully persuaded the Tribunal it had jurisdiction to hear a case that had been presented out of time.

Max is also well placed to advise on non-financial misconduct. He has previously advised the NMC, GDC, and those subject to proceedings before the HCPC. He has extensive tribunal advocacy experience and advises both Regulators and Registrants.

A selection of his cases in healthcare is as follows:

• Regularly appeared on behalf of the NMC in applications of Interim Orders and Substantive Order Reviews.

• NMC v I: Acting for the Nursing Midwifery Council in a substantive hearing where a nurse was accused of performing an invasive procedure on a patient without the patient’s consent. All charges found proved.

• NMC v B: Acting for the Nursing Midwifery Council in a substantive hearing where a nurse was accused of causing the death of a patient by incorrectly administering a drug. All charges found proved.

• NMC v S: Acting for the Nursing Midwifery Council in a complex substantive hearing comprising 27 charges where all charges were found proved.

• NMC v O: Acting for the Nursing Midwifery Council in a substantive hearing where there were allegations of dishonesty. All dishonesty charges found proved. At the conclusion of closing submissions, the case of Ivey v Genting Casinos 2017 UKSC 67 was published. As a consequence, subsequent submissions were made in line with the new authority.

• NMC v R: Acting for the Nursing Midwifery Council in a substantive hearing where there were multiple clinical failings. Charges admitted on the day of the substantive hearing. Misconduct and impairment found.

• NMC v A: Instructed by the Nursing Midwifery Council in a sensitive substantive hearing where there were allegations of a sexual nature.

• NMC v M: Instructed by the Nursing Midwifery Council in a lack of competence case where there were approximately 50 charges.

Sports law work forms an increasingly prominent part of Max’s practice and he accepts instructions in all areas of sports law, be they contractual, regulatory or governance. Max has been instructed by national and international federations, clubs, and players. He advises on first instance and appeal cases as well as appeals to the Court of Arbitration of Sport. Max is the Chairman of the International Mixed Martial Arts Federation Anti-Doping Committee.

Max’s recent cases include advising on jurisdiction, player contract disputes, and a significant appeal against the Rugby Football Union before the National Anti-Doping Panel.

A highlight of his sports experience includes:

• Successfully appealed a semi-professional rugby player’s sanction against the Rugby Football Union following an anti-doping rule violation involving an S1 prohibited substance.

• Instructed by a professional tennis player against the International Tennis Federation following an anti-doping rule violation involving multiple S1 prohibited substances.

• Advised and represented a British Weightlifter against UK Anti-Doping at first instance and subsequently on appeal. The athlete’s actions were deemed not intentional.

• Advised professional football players about overlapping criminal and civil liability, injunctive relief, and appeared on their behalf at preliminary hearings and trial.

• Instructed by a football club in relation to player contract disputes.