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Max Hotham
Of Counsel
Expertise
  • Banking & Finance Litigation
  • Commercial Arbitration/ Litigation
  • Commercial & Contractual Disputes
  • Tax
Qualifications & Education
  • Cardiff University
Admissions
  • Law Society of England and Wales

Max has advised in relation to a broad range of disputes, often involving financial services and an international element. He is currently acting on behalf of two lenders who are seeking to recover over USD200 million in connection with the ‘Tuna Bond’ scandal in the Republic of Mozambique.

He has recently helped secure summary judgment for a private equity fund in proceedings brought against a borrower in relation to facilities totalling EUR25 million. He was part of the team that advised the Bank of Portugal in relation to its successful interventions in both the Court of Appeal and the Supreme Court in April 2018.

Max has also acted for companies and individuals who have been the subject of worldwide freezing orders. He has also been involved in multinational litigation on behalf of a Luxembourg liquidator, relating to claims that funds invested in bonds via two Luxembourg-based SPVs, which were ultimately backed by US life settlements market assets, had been misappropriated.

Max also has a developing contentious tax practice concerned with a range of taxes and with experience of handling Closure Notices and appeals through to First Tier Tribunal and beyond, Accelerated Payment Notices and what is believed to be the first appeal which will involve consideration of GAAR Notices. He is involved in ongoing appeals for UK utility companies in relation to capital allowances on expenditure concerned with energy storage, an appeal in relation to land remediation relief in connection with contaminated land, and appearing in the Court of Appeal in relation to film trading.

Max has considerable experience in high-value actions by individuals and businesses for the mis-selling of interest rate protection products by banks, and has also advised a number of clients in relation to the FCA interest rate hedging review scheme, helping to achieve settlements of several million pounds.

Background

Max graduated from Cardiff University, and joined a niche financial services practice where he completed his training contract and spent a further two years upon qualification. Max joined Enyo Law in November 2011.

Reported cases
  • Northern Gas Networks Limited -v- The Commissioners for Her Majesty's Revenue and Customs  [2020] UKFTT 121 (TC)
  • Cheshire Cavity Storage 1 Limited & Anor -v- The Commissioners for Her Majesty's Revenue and Customs [2019] UKFTT 498 (TC)
  • URENCO Chemplants Limited & Anor -v- The Commissioners for Her Majesty's Revenue and Customs [2019] UKFTT 522 (TC)
  • AMC III Purple B.V. -v- Amethyst Radiotherapy Limited [2019] EWHC 1503 (Comm)
  • Macquarie Capital (Europe) Limited -v- Nordsee Offshore MEG I GmbH [2019] EWHC 1655 (Comm)
  • Guardians of New Zealand Superannuation Fund & Ors -v- Novo Banco S.A. [2018] UKSC 34 on appeal from [2016] EWCA Civ 1092
  • Degorce -v- The Commissioners for Her Majesty’s Revenue and Customs [2017] EWCA Civ 1427
  • Avonwick Holdings Limited & Ors -v- Mikhail Shlosberg [2016] EWCA Civ 1381
  • Parish & Anor -v- The Danwood Group Limited [2015] EWHC 940 (QB)
Professional Associations
  • Financial Services Lawyers Association (FSLA)
News
Jul 9, 2024
The importance of directors’ knowledge in establishing the largest ever wrongful trading award and the first ever award for “misfeasant trading”
The High Court recently issued its judgment against two former directors of BHS Group Limited, Mr Henningson and Mr Chandler...
Jul 4, 2024
Supreme Court rules that planning authorities cannot give permission for oil drilling projects without considering the environmental effects of the oil’s combustion
On 20 June 2024, the Supreme Court handed down its judgment in R (on the application of Finch on behalf...
Jul 2, 2024
UK sanctions ground payment obligations under letters of credit in aircraft leasing case
In Celestial Aviation Services Limited v UniCredit Bank GmbH, London Branch [2024] EWCA Civ 628, the Court of Appeal held...
Jun 13, 2024
Fair winds favour plaintiffs in wasted expenditure cases
A recent judgment of the High Court of Australia has clarified aspects of contract law and the availability of damages...