Max has worked on a variety of complex domestic and international commercial disputes both at Serle Court and in his past career. He is equally comfortable being led as a junior in large-scale litigation and acting as sole counsel in mid-sized disputes. Recent cases include:

Revenue and Customs Commissioners v IGE USA Investments Limited ([2020] EWHC 2121 (Ch)). Max acted for HMRC in its $1 billion fraud claim against US multinational conglomerate General Electric. Max appeared for HMRC in the Court of Appeal and worked on HMRC’s successful application for permission to appeal to the Supreme Court (drawing on his experience as a former Supreme Court Judicial Assistant) and response to TaxWatch’s application to intervene in the Supreme Court. The case settled soon after the Supreme Court granted permission. Led by Gareth Tilley and Philip Jones QC.

Advising on a contemplated c. £1.5 million contractual claim by a supplier against a multinational retail giant.

Nigel Rowe & Others v Ingenious Media Holdings plc & Others (“the Ingenious Litigation”). Acting for numerous investors, from former Premier League footballers to leading financiers, in the film production partnerships behind blockbuster films such as Avatar and Life of Pi, bringing, inter alia, misrepresentation claims against the promoters of those partnerships. Led by a multi-chambers counsel team.

Supreme Court Appeal. Instructed to advise ad hoc on a recent appeal to the Supreme Court, drawing on Max’s experience as a former Supreme Court Judicial Assistant.

Maryland Investment Corporation and another v Collins Benson Goldhill LLP and others. Acting for the claimants in this claim for the delivery up of documents against their former solicitors under s 68 of the Solicitors Act 1974 and the inherent jurisdiction.Led by Lance Ashworth QC and Matthew Morrison.

Acting for a chain of specialist hospitals in a dispute with a national contract staff agency.

Acting for a firm of solicitors in a claim against a celebrity client for unpaid fees.

Charles Ridley v Dubai Islamic Bank PJSC [2020] EWHC 1213 (Comm). Acted for the Claimant in a claim for a High Court injunction to uphold the terms of a US $501 million restructuring agreement, entered into in connection with an alleged fraud, by requiring the Defendant bank to desist from proceedings in Dubai committing the Claimant to prison pending repayment or settlement of an alleged $440 million debt (with Matthew Morrison).

Re Fundão Dam Disaster  [2020] EWHC 2930 (TCC). Assisted Jonathan McDonagh and Nicholas Harrison with an 8-day jurisdiction hearing in the High Court on behalf of 200,000+ victims of Brazil’s Fundão Dam disaster in this £5 billion group action against the world's largest mining company.

Max has worked on a broad spectrum of corporate disputes both at the Bar and in his past career, and holds an LLM degree specialised in company law.  He is a contributor to Practical Law Corporate’s “Questions for Counsel”.

Recent work:

Re Klimvest plc [2022] EWHC 596 (Ch). Max represented the successful petitioner in this new landmark company law case, notable as the first example of a public listed company being wound up on the just and equitable ground under s 122(1)(g) Insolvency Act 1986 for loss of substratum, as well as for its commentary that a public listed company can, in principle, be a quasi-partnership – a company in which equitable considerations arise. The decision provides a comprehensive new legal framework for identifying a company’s purpose or substratum (as distinct from its stated ‘objects’ or ‘powers’) and determining whether it has been lost, justifying a winding-up.  As well as being led by Daniel Lightman QC in the two-week High Court trial of the Petition, Max was instructed to appear as sole counsel at interlocutory hearings. 

Re Inter Global Surgical LLP [2021] EWHC 2685 (Ch). Acted for the successful applicants, before Fancourt J, for a interim receivership order in respect of an LLP.  The application raised a novel legal issue  (whether a dissolved company that was a member of an LLP prior to dissolution is automatically reinstated as a member on restoration) and a procedural one (the appropriate court for issuing a Part 8 restoration claim).  Led by James Mather.

Advising a director and minority shareholder in an alternative lending company on a contemplated petition under s 994 Companies Act 2006 (unfair prejudice) and associated interim relief.

Advising a minority shareholder in a property development company on contemplated proceedings under s 994 Companies Act 2006 (with Matthew Morrison).

Zedra Trust (Jersey) v The Hut Group Ltd. Assisted Dan McCourt Fritz and Lance Ashworth QC with a successful permission to appeal application to the Court of Appeal that calls into question the extent of the court’s jurisdiction under s. 996 Companies Act 2006 (remedy for unfair prejudice).

Assisted Thomas Elias and Daniel Lightman QC in raising a lack of authority defence on behalf of a nationalised African airline against a Liberian aircraft leasing company.

Assisted Lance Ashworth QC in advising a financial services IT consultancy firm on the validity of historic share buybacks.

Assisted James Mather with a petition under s. 994 Companies Act 2006 (unfair prejudice) on behalf of a director and major shareholder of a £28 million company.

Serious Fraud Office and others v Litigation Capital Limited and others. Acting for the Serious Fraud Office in these complex multi-jurisdictional asset recovery proceedings ensuing from the affairs of the businessman, Dr Gerald Smith. Led by Kennedy Talbot QC.

St George’s BK Ltd v Parvez and others.  Sole counsel for the Claimant financial institution in this £1.2 million claim against a film producer for fraudulently obtaining film financing. 

Advising a group of investors on potential claims for conspiracy and fraudulent misrepresentation against various domestic and overseas defendants.

Revenue and Customs Commissioners v IGE USA Investments Limited ([2020] EWHC 2121 (Ch)). Acted for the Revenue in a this $1 billion claim in which HMRC made allegations of fraud against US multinational conglomerate General Electric. Led by Gareth Tilley and Philip Jones QC.

Re Klimvest plc [2022] EWHC 596 (Ch).  Acted for the successful petitioner in this two-week High Court trial of a just and equitable winding up petition in respect of a listed plc, in which the High Court made findings of dishonesty against the main witnesses for the First Respondent, including a finding that the company chairman had called another witness to give false evidence and colluded with him to circumvent Rule 9 of the Takeover Code.  The case also raised complex issues of company law involving loss of substratum and the question of whether equitable considerations can arise in listed public companies.  Led by Daniel Lightman QC at trial; appeared as sole counsel at the interlocutory stage.

Nigel Rowe & Others v Ingenious Media Holdings plc & Others (“the Ingenious Litigation”). Acting for numerous investors, from former Premier League footballers to leading financiers, in the film production partnerships behind blockbuster films such as Avatar and Life of Pi, bringing, inter alia, misrepresentation claims against the promoters of those partnerships. Led by a multi-chambers counsel team.

Taylor v Rhino Overseas Inc. [2020] EWCA Civ 353. Assisted Dan McCourt Fritz and Lance Ashworth QC, acting for the successful respondents to this appeal against the dismissal of a claim based on, inter alia, fraudulent conspiracy.

Assisted Dan McCourt Fritz in advising on a potential claim on behalf of an entrepreneur who had been induced by fraudulent misrepresentations to part with the entire share capital of a construction company.

Advising a major creditor of an insolvent utility company on issues of statutory interpretation and unjust enrichment arising from proofs of debt in excess of £20 million (led by Philip Jones QC).

Appeared as sole counsel in the High Court for the respondent to a bankruptcy petition in relation to a c. £2 million estate, securing a substantial adjournment on the basis that the alleged creditor had failed to disclose its security.

Advising the trustees in bankruptcy of a high net worth individual on co-ownership issues relating to the bankrupt’s matrimonial home (led by James Mather).

Acting as sole counsel for a specialist lender and secured creditor in proceedings relating to the bankruptcy of an individual borrower, involving issues of equitable security and proprietary estoppel, with recovery sought in excess of £1m.

Re Keeping Kids Company (in Liquidation). Assisted Gareth Tilley in these disqualification proceedings brought by the Official Receiver against the directors of the insolvent Kids Company charity.

Assisted Matthew Morrison in advising on a potential asset tracing claim by the buyer of a hospitality chain to protect customers’ digital currency stored on an app controlled by the insolvent seller.

Max previously qualified as a solicitor at a leading private client litigation firm, undertaking both contentious and advisory work for individual entrepreneurs and the trustees, settlors and beneficiaries of high value offshore trusts.

Recent work:

Schumacher v Clarke and others [2020] EWHC 3358 (Ch), [2020] EWHC 3381 (Ch). Acted for the defendant executors and will trustees of the late renowned architect, Dame Zaha Hadid, in High Court proceedings concerning the administration of her estate, including a claim under s 50 Administration of Justice Act 1985 and applications within the  Public Trustee v Cooper [2001] WTLR 901 categories of surrender and approval of discretion. Led by Elspeth Talbot Rice QC and James Brightwell.

Assisted Dan McCourt Fritz in advising on potential claims by individual American investors and a Delaware LP against an investment fund structure based in India and Mauritius.

Assisted Constance McDonnell QC with an application to pass over a potential administrator of an intestate estate and appoint the claimant with directions to administer the estate in accordance with the intestacy rules.

Re Inter Global Surgical LLP [2021] EWHC 2685 (Ch). Acted for the successful applicants, before Fancourt J, for a interim receivership order in respect of an LLP. The application raised the novel legal issue of whether a dissolved company that was a member of an LLP prior to dissolution is automatically reinstated as a member on restoration.  Led by James Mather.

Max is a contributing author to the forthcoming edition of “The Law of Limited Liability Partnerships”