Max Max

Barrister: Max Melsa

Call:
2015

Education:
BPTC (2015) – BPP University, Manchester
LLB (Hons) Law with Politics (2014) – University of Manchester

Overview:

Max has a strong and well-rounded common law practice. This allows him to advise lay and professional clients on all aspects of their case, as well as how their case potentially interacts with other legal jurisdictions.

Prior to being called to the Bar he worked as a County Court Advocate, as well as working with Gerard McDermott QC on all aspects of high-value cases of catastrophic personal injury, in particular involving elements of travel law, cross-border or jurisdictional issues.

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Crime and Police:

Max is a CPS Grade 2 prosecutor, who has an established practice in criminal law, which has included appearing in the Court of Appeal (Criminal Division).

Crown Court

Max both prosecutes and defends in the Crown Court.

Recent work includes:

  • R v A: for the Crown regarding charges of benefit fraud.
  • R v T: acting for the Prosecution in relation to charges of serious assault against the mother of her vulnerable child, involving issues of hearsay evidence.
  • R v C: representing the Prosecution at trial pursuing charges for GBH following a fight that left the victim with permanent injuries.
  • R v L: arguing for a suspended sentence for a Defendant convicted of causing serious injury by dangerous driving involving a police officer. 
  • R v A: successfully defending a client of good character against multiple charges of possession with intent to supply Class A and B drugs.
  • R v C: successfully prosecuting a threatening with a bladed article case. 
  • R v N: obtaining a sentence of time served for a Defendant charged with multiple Public Order offences.
  • R v S: securing a community order for a Defendant convicted of supplying class B drugs.
  • R v B: defending a client charged with armed robbery and firearms offences.
  • R v S: appearing in a Newton Hearing regarding possession with intent to supply Class A drugs, successfully arguing for the Defendant’s Basis of Plea to be accepted.

In addition, Max has appeared in the Court of Appeal (Criminal Division) in relation to sentencing credit for sexual offences involving multiple indictments.

Magistrates’ Court

Max is well versed in Magistrates’ Court proceedings.

Examples of recent work includes:

  • R v JO: securing an acquittal of a Defendant charged with assault of a PC on medical grounds. 
  • R v O: successfully opposing res gestae hearsay evidence being adduced at trial.
  • R v C and O: mitigating for two young Defendants of previous good character convicted of burglary, securing conditional discharges for both.
  • R v B: representing a client with learning disabilities facing charges of exposure.
  • R v G: successfully arguing for the CPS to withdraw a prosecution against a Defendant of good character on grounds of breaches of CPIA disclosure. 

Youth Court

Max is able to represent Defendants in the Youth Court and is knowledgeable of the specific procedures involved in such matters. This has included representing Youths charged with serious sexual offences.

Forfeiture and POCA

Max has significant experience in representing authorities in cash forfeiture and POCA proceedings.

Quasi-criminal and Regulatory

Max was instructed to defend two Defendants in the fourth ever prosecution brought by OFSTED of running an unregistered school, which involved a large amount of disclosure.

Max is an appointed Clerk at the Bar Tribunals and Adjudication Service (BTAS) and assists in Disciplinary Tribunals of barristers facing charges of professional misconduct

Family:

Public

Max appears in Public Law care proceedings, acting for Local Authorities in complex matters from initial to final hearings.

Recently, Max was instructed by the Local Authority in the appeal case of Re B (Children) (Remote Hearing: Interim Care Order) [2020] EWCA Civ 584 which set out guidance nationally as to the approach the courts should have to urgent hearings during the COVID-19 pandemic.

He also appears regularly for interveners and the Police and has a keen interest in matters involving disclosure between the criminal and family courts. Max was recently Junior Counsel in Re: I which triggered a full review by the Police into disclosure processes in family proceedings involving significant Police investigation. The case involved complex matters that required multiple applications for Public Interest Immunity.

Recent case examples:

  • Acting for Local Authorities in cases with the following issues:
    • proceedings involving a mother who was herself only a child, who had suffered long-term abuse within her own family.
    • successfully opposing the discharge of a Care Order, the application being made by the mother who had killed the children’s father.
    • cross-allegations of domestic abuse.
    • mental health deterioration and self-harm
    • expert evidence on brittle bones and non-accidental injury.
    • arguing against designation. 
    • obtaining secure accommodation for a child.
    • applying for an FGM Protection Order.
  • Acting for Respondents
    • for the mother of a child that it was agreed was beyond parental control, arguing for the Local Authority to amend their care plan to a therapeutic residential unit.
    • for a parent of a child whose mother was convicted of murdering her new partner.
    • on behalf of a convicted sexual offender in care proceedings.
    • for a client with multiple personality disorders.

Private

Max also represents parties in private children hearings at any stage, including FHDRAs, DRAs and enforcement proceedings.

Civil and Inquests:

Max has a solid civil practice, advising and representing both Claimants and Defendants. In particular, he is interested in claims that have an overlap with the other areas he practices in.

Personal Injury

Max regularly advises and appears in fast-track personal injury claims, including where issues of fundamental dishonesty are raised. He has also represented clients at multi-track trials. Recent cases include:

  • advising on behalf of a child Claimant in regards to quantum following a road traffic accident that caused the child to lose her hearing in one ear and partly her sense of smell.
  • obtaining damages for a Claimant who suffered multiple spinal fractures.
  • advising as to contributory negligence and dependency of the family members of the deceased Claimant following a serious motorcycle accident.

Max is very capable of advising on issues involving:

  • Occupiers Liability Act
  • Highways Act
  • Road Traffic Act
  • Employers’ liability
  • Vicarious liability
  • Claims against public authorities

He has a great experience in Portal Claims, having previously worked as a Claims Handler in the insurance team at a global law firm. He is highly experienced in representing parties in Stage 3 and disposal hearings, as well as drafting Advice on Quantum.

Clinical Negligence

Recent cases:

  • Advising as to unnecessary surgery undertaken upon the Claimant.
  • Representing the Claimant, a protected party, who was provided negligent treatment by his carers whilst residing in a care home.

Inquests

Max is able to bring his common law experience to representing clients at Inquests.

Recent cases:

  • Representing the family of the deceased following a motorcycle accident, whereby the Coroner made significant criticisms of Police’s conduct of their investigation.
  • Representing the Police following the death of a baby, involving complex expert reports as to suffocation.

Contact us

For more information please call our clerks on
020 7832 0500 or Email »

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