Max Archer has a diverse practice encompassing cross border claims, claims arising out of exposure to asbestos, claims raising human rights issues, product liability and personal injury claims.

Cross-border & human rights litigation forms a significant part of Max’s practice. He has expertise in jurisdiction and conflicts of laws as well as private international tort law and human rights issues.

Max has a special interest in data protection actions and has expertise in the DPA, GDPR and the tort of misuse of private information. He is experienced in advising clients in this ever-expanding area.

Max is a member of the Bar Pro Bono Unit and is willing to consider acting in a pro-bono capacity.

International & Travel
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Max has extensive experience of cases with an international element.

Max routinely deals with cases involving questions of jurisdiction and applicable law and is experienced in handling Rome I, Rome II and the Brussels Regulations. He is comfortable dealing with foreign law experts and has experience in cases involving applicable law issues involving a wide range of jurisdictions.

He regularly acts in claims brought under the Package Travel Regulations and is experienced in bringing recovery actions on behalf of their insurers and suppliers.

He has considerable expertise in the transport conventions, with a particular emphasis on the Montreal Convention 1999.

Max also has experience of international arbitration.

Examples of Max’s Work include:

  • Instructed by ST&H in a successful application for summary judgment involving the application of the Equality Act 2010 to cruise holidays.
  • A successful recovery action brought against an individual who had obtained monies of a credit card company for a holiday cancellation fee pursuant to the Consumer Credit Act.
  • Regularly instructed to defend food poisoning claims on behalf of well-known tour operators;
  • Instructed in a claim involving a zip-wire incident in Bolivia;
  • Instructed by the MOD in a case arising out of the negligent medical treatment of a soldier in Afghanistan;
  • Instructed to draft schedules of loss on behalf of a group of Peruvians who are bringing claims against a mining company for unlawful detention and assault.
Human Rights & Data Protection
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Max is experienced in advising and acting in human rights and data protection litigation.

Max’s has an in-depth knowledge of data protection case law and statutes including:

  • Breach of confidence and misuse of private information;
  • Data Protection Act 1998;
  • Data Protection Directive 95/46/EC;
  • General Data Protection Regulation (EU) 2016/679;
  • Human Rights Act 1998 and article 8 of the ECHR;
  • The right to be forgotten.

Max is regularly asked to advise on human rights issues, particularly where such issues occur in personal injury cases. Recent examples of his work include advising on the compatibility with international conventions with the HRA 1998, immigration issues, privacy issues and equality act claims.

Industrial Disease
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Max has experience in industrial disease litigation beyond his call and has a particular interest in acting for claimants in claims arising out of exposure to asbestos.

Max regularly advises on issues such as low-level exposure, immunotherapy and claims involving difficult evidential and insurance issues.

He has acted as junior counsel to Harry Steinberg QC and Michael Rawlinson QC in a number of high value cases in this field.

Max is the co-editor of the 12KBW Asbestos Blog

Max also acts in non-asbestos related disease claims including exposure to various contaminants including fibreglass and silicon.

Personal Injury
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Max acts for Claimants and Defendants in all aspects of personal injury law including road traffic accidents, employer’s liability, occupier’s liability and product liability. He has across-the-board experience in valuing claims, drafting schedules and counter-schedules and providing advice.

Recent and ongoing instructions include:

  • Junior to Michael Rawlinson QC defending a high value brain injury claim;
  • A head injury case arising out of an accident in a leisure centre;
  • A fatal claim arising out of an accident in a care-home;
  • A claim involving an individual who was hit by a car whilst lying in the road at night;
  • Claims against the police involving accidents on active duty;
  • Claims brought under the Animals Act.
Product Liability
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Max has a strong interest in product liability claims. He has experience of product liability cases brought by consumers as well as commercial product liability litigation. He is particularly interested in the overlap between product liability and industrial disease.

Max has an interest in driverless cars and offers in house talks on the forthcoming legislation and proposed liability regime.

Recent and ongoing instructions include:

  • A claim for fuel contamination brought against a well-known fuel supplier;
  • A consumer claim against a supermarket arising out of serious injuries sustained due to contamination in an item bought on a patisserie counter;
  • A claim based on the destruction of industrial chilling device;
  • A claim based on the negligent design and fitting of prosthetics.
  • A claim based on the negligent design of a spoiler on a high-power sports car.
Aviation
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Max has wide-ranging experience of aviation litigation. He is regularly instructed by passengers, airlines and other interested parties. He has developed particular expertise in the Montreal Convention and its application and, in addition to being regularly instructed in in such cases, has written several articles on the subject.

Max is currently instructed in a claim arising out of an air crash in France.

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
Appointments & Memberships

Personal Injuries Bar Association

Pro Bono Champion

Travel and Tourism Lawyers Association

British Institute of International and Comparative Law

Government Legal Department’s Junior Junior Scheme

Publications

Max is the co-editor of the 12KBW Asbestos Blog, and a contributor to the 12IT International and Travel Blog.