Max
Cole

In addition to his specialist insolvency and company practice Max acts for clients in a wide range of general commercial and business disputes.  For a period after coming to the bar Max represented clients in the employment tribunal and he continues to act in contractual and other  claims with an employment element including restrictive covenants and breach of confidence.

Current and recent cases include:

Fortonic Enterprises Limited v Bat Gazi Limited and Ors (ongoing).  Acting for the Claimant and Part 20 Defendant in this claims for sums owed under a loan agreement, and counterclaims for commissions said to be owed in respect of property developments in Israel.

HCL Doctors Limited v Holt Doctors Limited [2022] (County Court at Sheffield) Acting for the claimant recruitment company in claims brought against a rival for team poaching. Claim struck out as an abuse of process on the basis that its subject matter had been compromised under an earlier agreement between the parties.

Northern Powerhouse Developments Limited (in liquidation) and Ors v Woodhouse [2023] EWHC 1331 (Ch) Opposing, on grounds of impecuniosity, the claimants’  application for an order debarring the defendant from defending the claim unless he paid outstanding costs orders.

Northern Powerhouse Developments Limited (in liquidation) and Ors v Woodhouse [2022] EWHC freezing orders, variation,  provision of information.

Humatica Limited v Mina [2022] Acting for the defendant former senior employee of the claimant human resources consultancy in respect of claims for breach of contract, breach of fiduciary duty and breach of confidence .

Maximus IT v EACS Limited [2022] (Mayor’s & City County Court) Acting for the first defendant IT consultancy in claims for breach of contract.  Successful defence based on principles of actual/apparent authority.

Got PR Limited v Joseph [2021] (Bacon J) Acting for claimants in interim injunction for delivery up of passwords.

Rolf Munding v Alford & Or [2021] Acting for the defendants in a claim for breaches of pre-emption rights in a share sale and purchase agreement.  Settled before trial.

Cavadore Limited v Jawa [2021] EWHC 3382 (Ch) Acting for the claimants in a successful application for relief from sanction following failure to comply with the terms of an unless order requiring the payment of costs.

Aries Robotics v Persons Unknown [2021] (Tipples J) Acting for one of the persons unknown in discharging an injunction on the basis that the claim form had not been properly served so that the court lacked jurisdiction.

LGR Solutions Limited v Shaw [2020] Acting for the Defendant in applications for injunctions enforcing non-compete provisions and delivery up of confidential information.  (Subsequently settled).

London Borough of Lambeth v Sir Craig Tunstall [2020] Acting for the claimant local authority in claims against the defendant head teacher in claims relating to his pay arrangements and alleging breach of fiduciary duty, unlawful means conspiracy and unjust enrichment (and related personal and proprietary remedies).

Terry Gregory (Metal Fabrications) Limited v Gregory [2019] EWHC 1856 (Ch) Successful defence of claim, heard over five days, for fraudulent conspiracy involving provision of services to a family company over a fifteen year period and on appeal [2020] EWHC 1245 (Ch) (led by William McCormick QC).

AMP Advisory & Management Partners AG v Force India Formula On Team Ltd (in liquidation) [2019] EWHC 2426 (Comm)  successful claim for a quantum meruit in respect of unjust enrichment resulting from the brokering of a Formula One sponsorship agreement. Led by William McCormick QC.

Fort Locks Self Storage Limited v Deakin [2017] EWCA Civ 404 Acting for the Defendant in appeal against suspended committal order.

Legacy Hotels & Resorts Limited v Bottleigh Grange Hotel Limited [2015]. Acting for the Defendant hotel owner in a dispute with its managing agent.  Settled on first day of a six day trial.  Led by William McCormick QC

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.

Max acts in all aspects of company and partnership law including, directors’ duties and misfeasance,  unfair prejudice petitions, derivative actions, claims as to the formation and dissolution of partnerships.

In addition to his litigation practice, Max advises on the content and interpretation of company documentation including articles of association, shareholder agreements and circular, and on company procedures.

Current and recent cases include:

Re Superjoi Limited.  Currently Acting for the respondents to the is unfair prejudice petition under s994 of th Companies Act 2006

Constantinou v Philip Ross [2023] acting for the defendant firm of solicitors in a claim brought by the claimant former partner for unpaid commissions.  The case involved consideration of whether the relationship was a partnership for the purposes of the Partnership Act 1890, whether there had been a dissolution of the partnership  and the nature and extent of the parties’ obligation to account. Settled immediately before trial.

Re Enno Capital Limited [2022] EWHC 1819 (Ch).  Acting pre-trial for the petitioner in this unfair prejudice petition relating to a chain of “bubble tea” concessions.

Secretary of State for Business Energy and Industrial Strategy v Selby and Ors (Re XE Solutions Limited) [2021] EWHC 3261 (Ch) [2022] BCC 418. Representing the third Defendant director in this claim under the Company Directors Disqualification Act 1986 in which the claimant alleged unfitness to be a director by reason of the subject company having participated in a “missing trader” VAT fraud.

Re Springardi Limited  [2020].  Acting for the Respondent to this unfair prejudice petition and cross-petition which settled immediately before trial.

Fiddlesticks Games Limited v Curve Digital Publishing Limited and Ors [2019] EWHC 2461.  Acting for the claimant company’s former director in this strike out application alleging that the claim had been issued without proper authority.

Fiona Rushmer v Paul Atkinson (as Trustee in Bankruptcy of Duncan Rushmer) [2015] EWHC 3720 (Ch).  Acting for the Claimant in the trial of an application for declaratory relief that the business she ran with her husband was a partnership (so that its assets were outside the scope of his bankruptcy estate) and related applications for delivery up of property.

Max advises on and litigates all aspects of personal and corporate insolvency, and this work makes up a substantial proportion of his practice.

He regularly deals with petitions and applications under the insolvency legislation.  These include applications to reverse antecedent transactions (preferences and transactions at an undervalue) wrongful and fraudulent trading, contested administration orders, contested winding-up petitions, injunctions restraining advertisement and/or presentation of winding up petitions, and validation orders, setting aside statutory demands, contested bankruptcy petitions, annulments, rescissions and reviews.

Current and recent cases include:

Re a Company in liquidation:  Ongoing advice to company directors in relation to claims asserted by the liquidators of an insolvent gym operator, that aspects of the operation were in breach of duty to the company and that payments out of the company made were unlawful preferences.

Northern Powerhouse Developments Limited (in liquidation) and Ors v Woodhouse (Business list trial November 2023, judgment pending).  Acting for the defendant director of insolvent property development companies in claims brought by the companies, alleging breach of directors’ duties under the Companies Act 2006 and the general prohibition under Financial Services and Markets Act 2000, and claiming personal and proprietary remedies.

Creizman v Cantervale Limited [2023] Advising the petitioner on disputed winding up petitions, including on  standing to present petition based on a single debt, permission to adduce evidence out of time.

Official Receiver v Khan [2022] Acting for the bankrupt in applications to suspend discharge from bankruptcy on the basis of non-disclosure of assets.

Bramston and Or v Pye and Or (Re IT Protect Limited (In Liquidation)) [2020] EWHC 3001 (Ch) successfully opposing costs consequences of a “beaten” Part 36 offer where the offer was made jointly (but not severally) and the claimant had succeeded against one defendant but not the other

Bramston and Or v Pye and Ors (Re IT Protect Limited (In Liquidation)) [2020] EWHC 2473 (Ch),  Acting for the defendant director of the subject company in claims of misfeasance brought by liquidators under s212 of the Insolvency Act 1986 and his partner, alleged to be a de facto or shadow director of the subject company.

Fiona Rushmer v Paul Atkinson (as Trustee in Bankruptcy of Duncan Rushmer) [2015] EWHC 3720 (Ch).  Acting for the Claimant in the trial of an application for declaratory relief that the business she ran with her husband was a partnership (so that its assets were outside the scope of his bankruptcy estate) and related applications for delivery up of property.

In media law Max’s practice focuses on defamation, privacy, breach of confidence and data protection. He acts for both Claimants and Defendants, who include publishers and broadcasters.

Much of his work in this area is advisory in nature. In addition to the cases below he has advised in numerous matters involving defamation privacy where proceedings have not started and which must necessarily remain confidential.

He has given pre-publication advice to a number of magazines and newspapers, NGOs, government organisations and individuals.

Max drafts a range of commercial agreements relating to film and television. He acts for the Earl and Countess of Carnarvon, owners of Highclere Castle, in relation to the use of the Castle as the setting of Downton Abbey and the exploitation of the Castle in the media.

Coghlan v Lexlaw Limited [2023] EWHC 1453 (KB) [2023] PNLR 26 Acting for the Claimants in relation to preliminary issues of defamatory, meaning, whether the words complained of were fact or opinion and whether defamatory at common law.

Seventy Thirty Limited v Burki [2018] EWHC 1570 (QB). Acting for the Claimant match-making business in claims for defamation.

King v Tong (HCJ Master McCloud) acting for the Defendant in successful application to strike out claims of defamation on the basis of lack of “serious harm”

Best Bet Bookmakers Limited v Gordon Taylor [2015]. Acting for the Defendant chairman of the Professional Footballers’ Association in counterclaims for misuse of private information and breach of the Data Protection Act.

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.

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.