Max Cole

Call date: 2011
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Areas of Practice

Profile

Qualifications

BA Modern Languages, Bristol

Experience & Expertise

Max has a civil practice focusing on employment, media and commercial law. His clients include individuals, small and large businesses, trade unions and public sector organisations.

He represents both Claimants and Respondents in the full range of employment disputes, including unfair and wrongful dismissal, all types of discrimination, whistleblowing, transfer of undertakings working time and national minimum wage claims. Drawing on his expertise in media law, he has a particular interest in data protection and misuse of confidential information in the work-place.

In media law Max’s practice focuses on defamation and privacy. He acts for both Claimants and Defendants, who include publishers and broadcasters. He gives pre-publication advice to a number of magazines and newspapers. In addition he advises on misuse of confidential information and data protection.

Max’s commercial practice covers general contract and tort claims, civil fraud, partnership and professional negligence. He appears regularly in the High Court and the County Court.

Before coming to the bar Max spent a number of years as a solicitor at Freshfields and later Mishcon de Reya.

Current & Recent Work

Employment

Reach and Ors v Meers Group Limited (London South Employment Tribunal). Acting for 12 skilled tradesmen in a successful claim to establish that a contractual right to bonus payments.

Pawlicka v St John and Red Cross Defence Medical Welfare Service (Southampton Employment Tribunal). Acting for the Respondent defending claims for disability discrimination and dismissal/detriment for whistleblowing. The proceedings were heard over 10 days during 2013 and 2014 and included an application for interim relief and a preliminary hearing over three days dealing with whether the Claimant was disabled.

O’Hare and Ors v Servisair Limited (UKEAT/0118/13/JOJ). Acting for the Claimant flight dispatchers at first instance and on appeal in a claim for unfair dismissal. The appeal before the EAT considered the statutory definition of redundancy.

Eels v Kingsland Community School (London South Employment Tribunal). Acting for the Respondent in successfully resisting an application to admit “without prejudice” communications.

Media

Khadir v Channel S Television Limited [2014] EWHC 2305 (QB). Acting for the Defendant television station in an assessment of damages for a defamatory broadcast.

Azure Glory Limited and Ors v Shariat and Ors (ongoing). Acting for the Claimants in defending counterclaims for libel and malicious falsehood. The counterclaims are brought in the brought in the context a substantial civil fraud claim relating to the purchase and sale of contemporary art. Led by Ali Malek QC.

Best Bet Bookmakers Limited v Gordon Taylor (ongoing). Acting for the Defendant chairman of the Professional Footballers’ Association in counterclaims for misuse of private information and breach of the Data Protection Act.

Mama Group Limited and Or v Sinclair and Or [2013] EWHC 2374 (QB). Acting for the Claimants throughout in a claim for defamation. Settled following the Defendant’s unsuccessful application to strike out the claim as an abuse of process. Led by William McCormick QC.

Commercial

Medcalf and Ors v Hayton Winkley Solicitors (ongoing). Acting for the Claimants in claim for professional negligence the conveyance of commercial property.

Administrators of Tiuta International Limited v Lorrells LLP (HCJ, Timothy Kerr QC). Acting for the Respondent firm of solicitors in an application for disclosure of documents pursuant to s234 and s.236 Insolvency Act 1986 .

Zimareva Locke and Or v Cetin, [2012] EWHC 4196 (Ch). Acting throughout for the Defendant in a dispute concerning membership of a solicitor’s firm. Settled following unsuccessful application to commit the Defendant for contempt of court. Led by Nick Stewart QC.

Leeman Holdings Limited v Lapping (Northampton County Court). Acting for Claimant in application to amend name of claimant following expiry of relevant limitation period.

Hourani v Lloyds TSB plc and Royal Bank of Scotland plc, (HCJ, Mann J). Applications for third party disclosure/banker’s trust orders.

Professional Memberships

London Common Law and Commercial Bar Association

Employment Law Bar Association