Fountain Court Chambers

London & Singapore

Max EvansCall Date: 2015

Max has a busy and developing practice in commercial litigation and arbitration, the regulation of financial and legal services, and public law. He has acted as sole counsel in several High Court matters and is being led in a number of heavy cases.

Areas of Expertise

  • Private International Law
  • Banking & finance
  • Commercial dispute resolution
  • Fraud: civil
  • Insurance and reinsurance
  • Professional discipline
  • Professional negligence
  • Aviation

Recent Practice

Commercial and arbitration

Max has a growing range of experience in commercial matters. His recent practice includes:

  • Confidential >$50 million arbitrations: acting for the Claimant (led by Derrick Dale QC) in two linked offshore arbitrations arising out of the disputed sales of pledged shares. The case involves wide-ranging and complex allegations, ranging from fraudulent misrepresentation and unlawful means conspiracy to market manipulation and breaches of Hong Kong criminal law (ongoing);
  • BHS Group v Retail Acquisitions Ltd [2017] EWHC 1057 (Ch): acting as sole counsel for the Arcadia Group in a petition brought to wind up RAL, the company incorporated to purchase BHS for £1;
  • Mercantile court action: acting as sole counsel for a Cypriot defendant challenging the jurisdiction of the Mercantile Court over claims brought against him (2017, settled);
  • Fast-track damages claim: acting as sole counsel in a fast-track claim for damages following a tailor’s failure to provide suits in time for a wedding, including a substantial award for disappointment and distress;
  • Lighting strike test case: acting for Easyjet in the leading test-case on whether lightning strikes constitute extraordinary circumstances within Regulation 261/2004;
  • University advice: advising a University as to whether it was obliged to honour offers made to prospective students in error (2017).

Max also advises on general contractual and aviation claims; past cases include analysing the tax implications of contracts between a telecommunications firm and its customers, and claims brought under Regulation 261/2004 and under the Montreal Convention.

Financial services

Max advises regularly on financial issues; his recent practice includes:

  • >£50million claim for breaches of facility agreement: acting for a bank in its claim to recover sums due under a facility agreement (2017, ongoing);
  • FRC investigation: acting for the FRC in its ongoing disciplinary action against accountants and Big 4 auditors arising out of a widely publicised financial scandal (led by Timothy Dutton QC and Henry King QC, ongoing);
  • Money-laundering advice: reviewing a firm’s procedures for compliance with money-laundering legislation (2017);
  • Forex claim: advising a commercial entity as to a claim against a FOREX broker for withholding substantial profits made by the entity on its trades (2017);
  • Disclosure obligations: advising a leading consulting firm (led by Anneliese Day QC) as to its response to a liquidator’s requests for information (2017, ongoing).

Max also advises regularly on claims related to the sale of PPI policies.

Legal services and regulatory

Max acts both for and against regulators in investigations and contested proceedings. Examples of previous instructions include:

  • Law Society v Sibley [2017] 1453 (Ch): acting as sole counsel for the SRA in proceedings which confirmed the width of the SRA’s powers to investigate solicitors working for bodies not regulated by the SRA;
  • Defence to proposed SRA action: acting for two senior partners at separate City firms in their response to SRA Explanation of Conduct letters involving allegations of serious misconduct (led by Timothy Dutton QC, ongoing);
  • SRA disciplinary action: assisting the SRA in a proposed disciplinary action against three solicitors, linked with a heavily publicised commercial scandal (2017, ongoing);
  • FRC investigation: acting for the FRC in its ongoing disciplinary action against accountants and Big 4 auditors arising out of a widely publicised financial scandal (led by Timothy Dutton QC and Henry King QC, ongoing).

Max has also been instructed in several matters before the Solicitors Disciplinary Tribunal.

Public law

Max has a growing public law practice, with an emphasis on commercial and regulatory matters. Examples of public law work include:

  • MedCo challenges: acting for MedCo in several linked judicial review challenges to decisions implementing the MoJ’s changes to medical reporting in soft-tissue injury claims (2017, ongoing);
  • HEFCE challenges: acting for a University contesting awards of funding by the Higher Education Council for England (2017, pre-action);
  • Local Authority capacity: assisting members of Chambers to advise a Local Authority as to its capacity to enter derivatives contracts, notwithstanding the decision that such contracts were void in Hazell v Hammersmith (2017).

Education & Prizes

  • MA, Cambridge University (Medicine and Law): Double First (2013) (2nd in year);
  • LLM, Cambridge University: First Class (2014);
  • BPTC, BPP University: Outstanding (2015);
  • Winner, Jonathan Brock QC Memorial Essay Prize 2016 – available to read here;
  • Baron Dr Ver Heyden de Lancey Prize (Middle Temple);
  • Astbury Scholarship (Middle Temple);
  • Harmsworth Exhibition (Middle Temple);
  • Certificate of Honour (Middle Temple);
  • Excellence Award (BPP University);
  • Greene Medal (on the Senior Tutor’s nomination, awarded to one student graduating in any subject for academic excellence) (Clare College, Cambridge);
  • Falcon Chambers Prize (for the highest mark across the University for Land Law) (Cambridge);
  • Lady Clare Precious Pearl Prize (for the highest undergraduate mark in a dissertation in the humanities or social sciences) (Clare College, Cambridge);
  • Rebecca Flower Squire Scholarship (Cambridge);
  • Milon Banerji Law Prize (Clare College, Cambridge).

Max’s 60 second interview with Lawyer2B is available here.

Other experience

Max has recently returned from a secondment at Signature Litigation.

Publications

Max’s publications include:

  • Overview: Civil Procedure [2014] 3(1) Cambridge Journal of International and Comparative Law 254.
  • Appeals on a Point of Law: A Comparative Study and Regulatory Competition [2013] 79(4) Arbitration 357.

Other information

Max is a keen triathlete.