Dry Shipping
Max has extensive experience of the full spectrum of charterparty and bill of lading disputes. These disputes are typically heard in either LMAA Arbitration or the High Court and involve charterparties or bills of lading on the main forms (NYPE; Shelltime; Baltime; Asbatime; Gencon; Shellvoy; BPVoy; Asbatankvoy).
Illustrative cases include:
- LMAA Arbitration (2024-2025): Acted as junior counsel for bareboat charterers successfully claiming approximately USD 45 million following failure by owner to make two fishing vessels available for use by charterers
- LMAA Arbitration (2024): Acted as junior counsel for claimant charterers claiming approximately USD 4 million following alleged failures by owners to comply with oil major SIRE inspection requirements
- LMAA Arbitration (2024): Acted as sole counsel for respondent charterers resisting a claim for approximately USD 1.5 million arising out of supply of contaminated bunkers
- LMAA Arbitration (2022): Acted as sole for shipyard claiming unpaid fees of USD 500,000 under a ship repair contract.
- LMAA Arbitration (2021): Acted as sole counsel for a claimant cargo interest claiming damages of $1.5 million arising out of unseaworthiness of chemical tanker
- The Elin [2019] EWHC [1001] (Comm): Acted for claimant cargo interests claiming that a bill of lading exclusion in respect of deck cargo was ineffective to exclude liability for unseaworthiness
- Maersk Karachi [2019] EWHC 1099 (Comm): Acted (with John Russell QC) on behalf of cargo interests whose cargo was damage following the collapse of a terminal gantry crane and consequent fire
- LMAA Arbitration (2017): Acted with Nigel Jacobs QC for a party applying to strike out aclaim for want of prosecution
- Commercial Court in private (2017): Obtained worldwide freezing order for voyage charterer following shipowners’ failure to present vessel for loading
- LMAA Arbitration: Acted (with Nevil Phillips) for respondent shipowners in $2m claim for damages for failure to delivery seaworthy ship
- A v B (2015, Commercial Court) - acted (with Stephen Cogley QC) for the successful Respondent to a freezing injunction application. Concerned the incorporation of a Scott v Avery clause into FOSFA sale contracts.
Wet Shipping
Max has extensive of a wide variety of wet shipping matters. Recent experience includes:
- KYRIAKOS collision with AMIS INTEGRITY (Admiralty Court, 2022): Acted as sole counsel for ship interest claiming damages of approximately USD 2 million arising out of a near miss with another vessel resulting in significant damage to propeller and other machinery
- LMAA Arbitration (2021): Acted (with Nigel Jacobs KC) for respondent charterer resisting a claim for USD 28 million arising out of alleged breach of safe port warranty in respect of collision at Barranquilla, Colombia
- MAERSK HONAM represented numerous cargo interests in a limitation claim arising out of fire on board the MAERSK HONAM in March 2018
- Salvage Arbitration (2021): acted as sole counsel for cargo interests in a claim brought by salvors arising out of the salvage of a stricken vessel in the Black Sea in July 2020
- ROMY TRADER (2018): acted as sole counsel for telecommunications company claiming damages in a limitation claim following damage to subsea cables due to a vessel allegedly dragging anchor
- LMAA Arbitration (2017): Acted as sole counsel for wreck recovery company in seeking to obtain damages for breach by shipowner of WRECKSTAGE 2010 form agreement
Yacht Disputes
Max regularly acts in yacht and superyacht disputes, including disputes arising out of sale and purchase contracts (typically on the MYBA Sale Form), charters (typically on the MYBA Charter Form), brokers’ commission agreements (including under standard form central agency agreements), collision and harbour damage. Recent experience includes:
- LMAA Arbitration (2025): Acting with Rob Thomas KC and Michael Nguyen-Kim, for the Buyer of a luxury custom built 78-metre superyacht in a USD 25 million claim against the builder
- LMAA Arbitration (2023-2024): Acted as sole counsel for the claimant seller of a superyacht claiming to retain deposit on the grounds that the Buyer wrongfully terminated pursuant to clause 27 of the standard form MYBA MOA, the construction of which was determined following a preliminary issues hearing.
- LMAA Arbitration (2021): Acted as sole counsel for seller of $14 million superyacht defending a claim by the buyer to recover deposit.
- LMAA Arbitration (2020): Acted for buyer of $7.25m superyacht seeking to recover deposit following rejection under clauses 26 and 27 of the MYBA Sale Form
- LMAA Arbitration (2019) acted for superyacht vendors in a claim brought against them by brokers for sale commission
- Admiralty Court proceedings (2018): Acted for yacht owners claiming damages for damage to yacht arising out of a collision during the Cowes Round the Island Race.
Carriage by road
Max has extensive experience of disputes relating to carriage by road, including disputes subject to the CMR, BIFA and RHA terms. Cases include:
- Holleman Special Transport v CO UK Shipping & Trading [2023] 1 Lloyd's Rep. 398: Acted as sole counsel for defendant logistics company in successfully resisting application for summary judgment, in which it was held that the rule against set-off did not apply to the claimant’s claim for transport services fees
- Stef Transport Rennes v D&M Fraser [2018] EWHC 2756; [2019] Lloyd's Rep. Plus 55: Acted as sole counsel for defendant road carrier in successfully resisting a claim under the CMR for damage to a consignment of cheese
- Philip Morris Products SA v Smidl SRO [2017] 11 WLUK 430: Acted as sole counsel for defendant road carrier resisting a claim under CMR for tobacco duty payable on lost consignment of cigarettes