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Max Baines

Max Baines

Call: 2005

A specialist in serious crime and fraud, both prosecuting and defending, Max has been instructed in some of the most complex and high-profile cases in recent years including LIBOR and Forex. Over the last decade Max has appeared in cases ranging across the criminal spectrum, including homicide, organised crime, drug conspiracies and serious violence.

Max is a member of the SFO’s A panel and a level 3 prosecutor for the CPS.

Max is also a leading practitioner in the Sports arena. He is regularly instructed to represent The Football Association in matters of professional discipline and has appeared on behalf of the British Horseracing Authority. He is additionally an advisor to UK Anti-Doping and has undertaken work for the Rugby Football League.


Crime

Max has been instructed across a broad range of criminal matters, including homicide, organised crime and drugs, with a particular focus currently on financial and corporate crime.

Financial Crime

  • Forex (2016) Represented one of the principal suspects in the international investigation into manipulation of foreign exchange rates. Following the closure of the SFO’s investigation in March 2016, Max continued to provide representation in respect of the ongoing investigation by the Anti-Trust Division of the US Department of Justice.
  • LIBOR (R v Hayes) and LIBOR 2 (brokers) (2014-2016)  Instructed by the SFO before trial to advise on all aspects of the investigation and drafting extensive legal argument within the preparatory hearing. As junior counsel, with Gillian Jones, he performed a central role during the trials, as advocate and advisor.
  • Insider Dealing – Operation Saturn (2009-2012) Instructed by the FCA in (at the time) its most valuable and complex insider dealing. The case involved insiders operating in the print rooms of two major investment banks in the City, copying market-sensitive material around forthcoming mergers and acquisitions to a ring of traders. Max was instructed pre-charge, and at trial, to advise on all aspects and to oversee a vast and complex disclosure exercise.

Professional Disciplinary & Regulatory

Sports Law

Max is a foremost practitioner in the field of Sports law. He is routinely instructed by The Football Association, having acted as a resident senior legal advisor to The FA between 2013-2014. He has appeared or advised in a number of the most high-profile matters of recent years.

  • The Football Association v Turner (2013) Represented The FA in respect of an allegation of racial abuse during a Championship match.
  • The Football Association v Townsend (2013) Represented The FA in respect of an allegation of racial abuse during a Championship match.
  • The Football Association v Gerard Kinsella (2013) Represented The FA in respect of multiple betting charges brought against the England international Andros Townsend which set a benchmark in the sanctioning of future betting cases.

Max has also represented the British Horseracing Authority in front of its disciplinary panel, in respect of appeals brought by jockeys and trainers against the decisions of racecourse stewards.

  • The British Horseracing Authority v Jason Maguire (2011) Involving a high-profile jockey attempting to overturn a suspension that ruled him out of a key ride in a championship race.

Max is also routinely instructed to advise UK Anti-Doping on the sufficiency of prosecutions against athletes suspected of serious doping offences.

In a judicial capacity, Max sits as a member of the FA’s Anti-Discrimination Chairman’s Panel, for which he regularly chairs tribunals inquiring into offences involving on-field or off-field discrimination in football.

 

Inquiries & Appellate Work

Max has appeared in a number of inquests, principally on behalf of the family of the deceased.

  • Inquest into the Death of T (an infant) Represented a 15 year-old mother in a coroner’s inquest into the mother’s actions leading up to the death of her newborn baby where medical staff had failed to identify the pregnancy.

Other Specialisms

Military Law

Max has experience in Courts Martial, in particular on behalf of British military personnel based in Germany.

  • R v Corporal H Max represented a Corporal in the British Army in a Court Martial in Germany charged with theft from a German national. Considered more serious than in a civilian Court, as an offence of dishonesty, the defendant faced dishonourable discharge from the Army. In the event, Max was able to persuade the Court to permit Corporal H to retain his position within his regiment.


Education

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BA hons Classics (Oxon)

Memberships

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Criminal Bar Association

South Eastern Circuit

Fraud Lawyers

Association of Regulatory & Disciplinary Lawyers

 

Professional Appointments

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FA Anti-Discrimination Chairman’s Panel

Languages

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French (fluent)

Italian (conversational)