Practice Summary
Max is regularly instructed in regulatory, commercial, employment, and sports cases. He appears in a range of courts and tribunals including County Courts, the Employment Appeal Tribunal, the High Court, and the Court of Appeal. Max is frequently instructed to advise on settlement in complex disputes.
Max has advised blue-chip companies, regulators, high net worth individuals, and professional athletes. He was also instructed by the Government Legal Department in the Cyprus Emergency Litigation and by the Department For Exiting the European Union on Brexit related issues.
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Civil Fraud & Business Disputes- Director of Public Prosecutions v Patrick Tristram Bijou (AKA His Excellency Sir Dr Patrick Tristam Bijou) [2022] EWHC (Admin)
- North Warwickshire Council v McFadden & Another [2022] EWHC 1326 (QB)
- North Warwickshire Council v Charlesworth [2022] EWHC 1464 (QB)
- North Warwickshire Council v White [2022] EWHC 1322 (QB)
- North Warwickshire Council v Howlett [2022] EWHC 1463 (QB)
- North Warwickshire Council v Naidu [2022] EWHC 1462 (QB)
- North Warwickshire Council v Coleman & Another [2022] EWHC 1459 (QB)
- North Warwickshire Council v De Abreu & Another [2022] EWHC 1460 (QB)
- Sharif v Associated News Limited [2021] EWHC (QB)
- Yousaf v Associated News Limited [2021] EWHC (QB)
- ICICI Bank UK v Mihir Mehta & Ors [2017] EWHC 1030 (Comm)
- 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 (Ch)
- SFO v Rolls-Royce PLC and Rolls-Royce Energy Systems Inc U20170036
- Wall v Royal Bank of Scotland Plc [2016] EWHC (Comm)
- London Borough Of Ealing v Khan & Ors
- Advised on privilege in a £multi-million construction claim
- Advising clients in relation to cash forfeiture proceedings
Max’s commercial experience often includes claims arising from fraud and he has been instructed on behalf of, and against, well-known banks. Max has appeared in the High Court on cases relating to property freezing orders, worldwide freezing orders, relief from sanctions applications, and directors disqualification proceedings.
Max has been involved in a wide variety of commercial fraud cases over the years including a breach of contract case concerning purported failed investments across three continents and deceit claims following the collapse of a hotel chain where the losses were alleged to be in excess of £30m. The latter involved a worldwide freezing order and directors disqualification proceedings brought by the Department Business Innovation and Skills. Max also has extensive experience of contempt proceedings arising out of breaches of injunctions and is well placed to advise in this area.
Max has also been instructed as independent privilege counsel on significant cases by the Serious Fraud Office (“SFO”) such as SFO v Rolls Royce PLC and Rolls Royce Energy Systems Inc investigation (resulting in the second biggest financial settlement in a deferred prosecution ever).
A highlight of the cases Max has been involved in are as follows:
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Financial Services- Assisting the enforcement division of the FCA on multiple confidential financial regulatory matters.
- Instructed in confidential offshore financial regulatory investigations.
- Reviewing and advising on evidence in investigations.
- Developing and executing strategy for regulatory remediation.
- Issuing and/or responding to compelled information requests and/or responses.
- Preparing compelled interviews.
Max has a breadth of experience in financial regulation and has been instructed in cases relating to money laundering, bribery and corruption, skilled person reviews, and unauthorised business.
Max was seconded to the Enforcement and Market Oversight Division of the Financial Conduct Authority (“FCA”) for approximately two years and has advised on significant and multifaceted financial investigations. He has also been instructed in complex offshore regulatory investigations and dual investigations conducted by multiple regulators.
His highlights in this area include:
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EmploymentMax 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. His cases frequently involve sensitive issues such as those with potential regulatory implications. Highlights include:
• Currently instructed in multiple cases alleging long running discrimination and harassment.
• Successfully defended claims for whistleblowing, race discrimination, and breach of contract, on behalf of a well-known public transport company.
• Advised a Claimant in discrimination proceedings against a large private asset management firm. (Matter settled)
• Advised a law firm on liability, quantum, and settlement in relation to allegations of discrimination. (Matter settled)
• Advised a well-known union on allegations of discrimination. (Matter settled)
• 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.
• Appeared on behalf of multiple Claimants in wide ranging TUPE claims. The case dealt with whether the Claimants had standing to bring a claim.
• 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.
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Professional Discipline- Currently instructed in a case by the UK Council for Psychotherapy (“UKCP”).
- Frequently instructed to sit as a Legal Advisor in disciplinary proceedings for a major political party.
- Regularly appeared on behalf of the NMC in Interim Order applications and Substantive Order Reviews.
- Successfully resisted an interim order application before the HCPC.
- SWE v F: Instructed by the Registrant in a case alleging sexual misconduct and intimidation and/or influence of a witness into changing their account. The latter charge was dismissed at half time following submissions.
- M v GDC: Successfully resisted an appeal by the registrant following erasure from the register.
- NMC v B: Acting for the NMC 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 O: Acting for the NMC in a substantive hearing where there were allegations of dishonesty. All dishonesty charges found proved.
- NMC v A: Instructed by the NMC in a sensitive substantive hearing where there were allegations of a sexual nature. This case also had police involvement.
- NMC v M: Instructed by the NMC in a lack of competence case where there were approximately 50 charges.
Max is also well placed to advise on non-financial misconduct and has previously advised large regulators such as the Nursing & Midwifery Council (“NMC”) and the General Dental Council (“GDC”). He has also acted for registrants in matters before Tribunals at the Health & Care Professionals Council (“HCPC”), Social Work England (“SWE”), and at the NMC. He has extensive tribunal advocacy experience and advises both Regulators and Registrants.
A selection of his cases in healthcare is as follows:
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Sports- World Athletics v Nalyanya: Instructed by the athlete in a well-publicised presence, use, and tampering case.
- X v Y: Successfully contested jurisdiction on behalf of the athlete before the National Anti-Doping Panel.
- Goodfellow v Rugby Football Union: 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.
- Rugby Football Union v Z: Successfully defended a client for breach of Rule 5.12 and 9.12 (conduct prejudicial to the interest of the game and verbal abuse of a player). The case involved allegations of racial abuse.
- International Tennis Federation v C: Instructed by a professional tennis player against the ITF following an anti-doping rule violation involving multiple S1 prohibited substances.
- Fedorciow v British Weightlifting Federation: 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 during the coronavirus pandemic.
- MBL Seminars: Mitigation in Anti-Doping – A Guide For Professionals
- Seminar for Northridge Law: Anti-Doping Case Law - An update
- Discussion with Brandsmiths: Landmark Anti-Doping Decisions
- Open Seminar: A 2020 Update on Anti-Doping
- Seminar for the Abu Dhabi Judicial Department: Jurisdiction, dispute resolution, and key issues to consider when representing athletes and organisations
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 also 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:
Max also conducts seminars for other sports lawyers and organisations. A snapshot of his seminars in recent years are as follows:
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