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 (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): Acting (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.
- LCIA Arbitration (2015: Acted for successful bareboat charterers in relation to $4m dispute regarding termination of bareboat charter (led by Tom Macey-Dare)
- LMAA Arbitration: $1.3 million hire dispute, concerning issues of speeding consumption, seaworthiness, liens and interception of sub-freights
- LMAA Arbitration: Acting for cargo interest in general average dispute concerning exercise of due diligence to make vessel seaworthy
- LMAA Arbitration: Unsafe port dispute concerning suitability of mooring equipment in port and competency of crew’s mooring
- LMAA Arbitration: Successfully challenged arbitrator’s jurisdiction in dispute concerning demurrage owing under a sale of oil contract.
Wet Shipping
Max has extensive of a wide variety of wet shipping matters. Recent experience includes:
- MAERSK HONAM (ongoing): representing numerous cargo interests in a limitation claim arising out of fire on board the MAERSK HONAM in March 2018
- MSC DANIELA (ongoing): representing numerous cargo interests in a limitation claim arising out of fire on board the MSC DANIELA in April 2017
- 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 (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:
- 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