Max Archer

Areas of experience

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• Arbitration

  Max has experience of arbitration and is familiar with the ICC, LCIA and DIAC rules. He advises on cases in his areas of expertise, in particular aviation, commercial and product liability cases, which involve an arbitration clause for dispute resolution. Whilst arbitration is by its nature confidential, Max is currently instructed on a number of high value disputes that are being resolved this way.

• Aviation

  Max is recognised in the directories as a leading practitioner in aviation disputes. He acts in a wide range of aviation matters and has been instructed in some of the highest profile and highest value disputes in the field. This area makes up a very significant proportion of his practice, he acts for injured victims, operators, maintenance organisations, manufacturers, owners, airports and suppliers of aerospace industry components in a wide range of disputes. He his highly experienced in large loss claims, contractual disputes, product liability claims, negligence actions and leasing actions. He has also advised in aviation disputes with public international law and human rights issues. He is extremely familiar with technical issues that arise in this area and comfortable dealing with experts both in conference and in cross examination.

  Max’s experience includes:

  • Lipton v BA City Flyer: acting for the Respondents in the Supreme Court in this important case on the UK’s legal order post-Brexit and Regulation 261.
  • Re Lamia Flight 2933: acting in litigation arising out of the loss of Lamia Flight 2933 in Columbia.
  • Re Ashley: Acting for the family of a former RAF pilot killed on flight familiarisation exercise in Italy.
  • A high value, complex contractual dispute arising out of the supply of rotor blades.
  • Acting for a maintenance organisation in an engine drop dispute.
  • Silverman v Ryanair: Acting for the successful claimant in the only authority on choice of law and the Montreal Convention.
  • Acting for an operator in a claim arising out of the total loss of an aircraft.
  • Advising a manufacturer on a series of drones before their release to the market.
  • Advising on the interaction between the European Disability Regulations and the Montreal Convention 1999.
  • Advising on a dispute arising from a large loss event in Tanzania.
• Commercial Litigation

  Max deals with a wide range of commercial disputes in the High Court and in arbitration. He is especially known for dealing with commercial disputes with raise issues in relation to the conflict of laws, including in relation to anti-suit-injunctions. His experience includes:

  •  A high value contractual dispute arising out of the supply of electrical batteries to a high-end vehicle manufacturer.
  •  Advising on a recovery action arising out of the supply of weaving machines to a well-known vehicle manufacturer.
  •  Advising on various contractual disputes between well-known tour operators.
  •  A dispute over an asset purchase agreement between two media industry parties.
  •  Advice on anti-suit proceedings arising from a dispute between two automotive industry parties.
  •  Advice provided to a North Sea oil and gas industry party on various issues with an intra- industry deed.
  •  Cooper v Halifax [2022] EWCA Civ 1557: the leading authority on the definition of a ‘debtor’ under the CCA 1974.
• Group Litigation

  Max is known for his group litigation work, he has acted in large number of group and test cases both as sole counsel and as part of a team of counsel across a wide variety of different disputes. He is very familiar with the complexities of litigating a group claim, he has acted in cases involving group litigation orders, common case management and in representative actions. He has advised on shareholder disputes, environmental group claims, toxic torts, data protection litigation and consumer rights litigation.

• Private International Law

  Max has extensive experience of private international law issues, whether the claim be tortious or contractual in nature. He is recognised in the legal directories as a leading practitioner in cross border work. He regularly advises on jurisdiction and proper law issues and has acted in claims involving many different systems of law. Both his aviation and commercial work regularly involve private international law issues. Recent instructions include:

  • Nicholls v Mapfre: Acted for the successful respondents in the Court of Appeal in this leading authority on the correct approach to the scope of the Rome II regulation.
  • Advised on jurisdiction on an extremely high value claim arising from pollution in Brazilian waters.
  • Acted for the successful claimant in a three day trial on jurisdiction in a contractual dispute.
  • Lipton v BA City Flyer: Acted for the Respondents in the Supreme Court, this matter involved an examination of the impact of Brexit on the domestic legal order.
  • Advised on jurisdiction in relation to a dispute concerning an asset purchase agreement.
  • Advised on an anti-suit injunction in a dispute between two parties in the automotive industry.

Other information

• Qualifications & Awards

  • GDL & BPTC – City Law School
  • Mphil in Modern European History – University of Cambridge
  • BA (Hons) History – University of Warwick
  • Lord Haldane Scholarship- Lincoln’s Inn
  • Hardwicke Entrance Award- Lincoln’s Inn
  • Honourable Mention- William C. Vis International Arbitration Competition
  • Linklaters Aspire Award

• Publications

  Contributor Asbestos: Law & Litigation, Sweet & Maxwell, 2019 (Chapters; Asbestos: history and use, Product liability, Contributory negligence)

• Recommendations

  Max has a palpable interest in aviation and punches above his weight. – Chambers & Partners, 2024

  Max is extremely sharp and skilled at recognising risks at the very beginning of the case. – Chambers & Partners, 2024

  Max is approachable and has a lovely manner with clients. – Chambers & Partners, 2024

  Max’s paperwork is crystal clear, not a word wasted. He is very good at making relationships with solicitors. – Chambers & Partners, 2024

  He is a really good junior who provides straightforward advice and is a safe pair of hands. –Chambers & Partners, 2024

  Max is a really impressive barrister. He is a brilliant advocate. – Chambers & Partners, 2024

  He works very hard; he reads all the papers. If a point comes up in a settlement meeting, he will know where to find the relevant bits. – Chambers & Partners, 2024

  He provides clear advice and really goes the extra mile. – Chambers & Partners, 2024

  An up and coming junior. Max has confidence and technical ability far beyond the number of years call. – Legal 500, 2024

  Great confidence. – Legal 500, 2024

  Max has a lovely manner with clients and breaks things down for easy understanding. – Legal 500, 202Max is receiving briefs that suggest many years on his year of call and seniority which is the true testament to his abilities as a barrister. He is very much in demand and making a name for himself in difficult and high profile aviation matters in particular. – Legal 500, 2023

  He is wise and considered in his advice, strong and convincing on his advocacy and always available to discuss the case. – Legal 500, 2023

  He is extremely reliable, enthusiastic, respectful and collaborative. He doesn’t give up without a fight. – Chambers & Partners, 2022

  Max is a future superstar of the personal injury Bar. – Legal 500, 2022

  A future superstar of the Aviation Bar. He grasps the points immediately and has really good knowledge. – Chambers & Partners, 2021

  He is very strong. Sharp, clear, knowledgeable, with an easy manner. – Legal 500, 2021

  He is an excellent junior. He is approachable, clear, and pragmatic. – Legal 500, 2021