Practice Profile

Experience spans a diverse range of commercial and contractual disputes:

• BV Nederlandse Industrie Van Eiprodukten v Rembrandt Enterprises, Inc. [2019] 1 Lloyd’s Rep 491; [2019] EWCA Civ 596: led by Gavin Kealey QC in leading commercial fraud case in the Court of Appeal; successful on all issues (test for inducement in fraudulent misrepresentation; scope of transferred loss principle)
• Apache Beryl I Ltd v Marathon Oil [2017] EWHC 2504 (Comm); [2017] EWHC 2462 (Comm); [2017] EWHC 2258 (Comm): led by David Allen QC for Apache Corporation in an expedited £100m+ trial of a JV dispute, readied in 7 weeks, with successful outcome for the client. Henry prepared an application alone and also appeared as sole counsel against leading QC and junior at a hearing attended by the Oil & Gas Authority
• The Cultural Foundation v Beazley Furlonge Ltd [2019] Lloyd’s Rep IR 12: led by James Brocklebank QC in trial about enforcement of arbitral awards worth US$20m+. Client held successful at trial and at subsequent hearing: [2018] EWHC 1083 (Comm); [2018] EWHC 2185 (Comm); [2018] EWHC 2548 (Comm)
• Bahamas Industrial v Morton Bahamas Limited (Privy Council, pending), led by Peter MacDonald Eggers QC
• Al-Mojil v Protiviti (Dubai International Financial Centre Courts): instructed to assist James Brocklebank QC with defendant’s trial preparations for a US$450m+ negligence/malicious falsehood claim
• Defending claim for alleged breach of warranty under SPA concerning an oil & gas services business, led by James Brocklebank QC
• Slater and Gordon (UK) Ltd v Watchstone Group PLC: instructed as Independent Counsel on issues of privilege in a claim for fraud and dishonest breach of warranty under a £637m share purchase agreement
• ITD v Oryx: led by Craig Orr QC in US$50m Commercial Court banking dispute raising issues of fraud and jurisdiction in connection with a derivative transaction
• Appearing for an international bank before a Commercial Court Judge at a contested application hearing (as sole counsel against a senior QC)

Experience includes common law and EU jurisdiction disputes, choice of law issues, and relevant procedure:

• Successfully acting for defendant in multi-million dollar jurisdiction dispute concerning an alleged 3D printer joint venture, led by James Brocklebank QC
• Appearing as sole counsel in the High Court for several Pakistani banks seeking to set aside service out of the jurisdiction
• ITD v Oryx: led by Craig Orr QC in US$50m Commercial Court banking dispute raising issues of fraud and jurisdiction in connection with a derivative transaction
• Advising on choice of law and jurisdiction in cross-border dispute about lost cargo
• Work for major litigation funders on conflict of laws issues in the recovery of substantial investments and returns
• Advising on jurisdiction and anti-suit injunctions in respect of a liability insurance policy
• Advising on jurisdiction issues in Commercial Agency Regulations dispute
• Advising on enforcement of judgment against an African state

Experience includes high-value civil fraud claims and urgent injunctions:

• BV Nederlandse Industrie Van Eiprodukten v Rembrandt Enterprises, Inc. [2019] 4 All ER 612; [2019] EWCA Civ 596: led by Gavin Kealey QC in leading commercial fraud case in the Court of Appeal; successful on all issues (test for inducement in fraudulent misrepresentation; scope of transferred loss principle)
• Slater and Gordon (UK) Ltd v Watchstone Group PLC: instructed as Independent Counsel on issues of privilege in claim for fraud and dishonest breach of warranty under a £637m share purchase agreement
• Markel Syndicate Management Ltd v Hippo Versicherungsvermittlung GmbH: acting as sole counsel in the Commercial Court for Markel at Lloyd’s against German agent sued for breach of contract/trust. Obtained worldwide freezing and proprietary injunctions to protect misappropriated premiums, achieving an award of indemnity costs on return date (95%+ costs recovery)

Experience includes high-value disputes about infrastructure and long-term supply contracts (including JV contracts, JOAs, and farm-in and farm-out agreements):

• Apache North Sea Ltd v Euroil Exploration Ltd [2019] EWHC 3241 (Comm), led by David Allen QC: North Sea farm-out agreement dispute raising issues of construction as to the price and interest payable in respect of UKCS licences
• Apache Beryl I Ltd v Marathon Oil [2017] EWHC 2504 (Comm); [2017] EWHC 2462 (Comm); [2017] EWHC 2258 (Comm): led by David Allen QC for Apache Corporation in an expedited £100m+ trial of a JV dispute, readied in 7 weeks, with successful outcome for the client. Henry prepared an application alone and also appeared as sole counsel against leading QC and junior at a hearing attended by the Oil & Gas Authority
• Permanent Court of Arbitration Case 2017-19: led by Stephen Hofmeyr QC in UNCITRAL arbitration of a dispute between oil traders and an African state
• Defending claim for alleged breach of warranty under SPA concerning an oil & gas services business, led by James Brocklebank QC
• Advice on the true construction of an oil rig construction contract
• Assorted shipping and commodities disputes concerning oil tankers in the Commercial Court and arbitration (including SHELLVOY, BPVOY, and ASBATANKVOY disputes)

Experience includes diverse high-value international arbitrations under assorted institutional rules:

• Permanent Court of Arbitration Case 2017-19: led by Stephen Hofmeyr QC in UNCITRAL arbitration of a dispute between oil traders and an African state
• US$20m+ Bermuda Form arbitration raising issues of good faith, led by Gavin Kealey QC
• Successful application for permission to appeal under s. 69 of the Arbitration Act 1996, led by Robert Bright QC
• Advising on and drafting an application under section 44 of the Arbitration Act 1996 for interim orders in respect of dangerous cargo (as sole counsel)
• Drafting expert report on section 68 of the Arbitration Act 1996 for use in Dutch proceedings
• Acting in HKIAC shipping arbitration as sole counsel
• Drafting on applications under sections 68 and 69 of the Arbitration Act 1996 to challenge the striking out of a claim

Experience includes Bermuda Form arbitration and major Commercial Court disputes raising coverage issues, as well as specialist advisory work:

• US$20m+ Bermuda Form arbitration raising issues of good faith, led by Gavin Kealey QC
• The Cultural Foundation v Beazley Furlonge Ltd [2019] Lloyd’s Rep IR 12: hard-fought trial concerning Dubai arbitral awards worth US$20m+, led by James Brocklebank QC. Client held successful at trial and at subsequent hearing: [2018] EWHC 1083 (Comm); [2018] EWHC 2185 (Comm); [2018] EWHC 2548 (Comm)
• The Standard Club UK Ltd v Palmali Co. Limited: acting for P&I Club in action against Member
• Markel Syndicate Management Ltd v Hippo Versicherungsvermittlung GmbH: acting as sole counsel for the Markel Syndicate at Lloyd’s against German agent sued for breach of contract and trust. Obtained worldwide freezing and proprietary injunctions to protect misappropriated premiums, achieving an award of indemnity costs on return date (95%+ costs recovery)
• Acted with Richard Southern QC in substantial property damage insurance case raising issues of assignment, limitation and coverage
• Advising on the Third Parties (Rights against Insurers) Act 2010, as well as on jurisdiction and anti-suit injunctions in respect of a liability insurance policy
• Acting in a ‘skilled person’ review under section 166 of FSMA 2000, in relation to the reinsurance programme of a major US reinsurer

• Quiana Navigation SA v Pacific Gulf Shipping (Singapore) [2019] EWHC 3171 (Comm), led by Robert Bright QC: section 69 appeal concerning withdrawal of vessel under time charter
• Preem AB v Varo Energy Marketing AG: Commercial Court dispute concerning CIF contract and oil tanker demurrage (as sole counsel)
• Assorted disputes concerning the SHELLVOY, BPVOY, and ASBATANKVOY forms
• Acting for owners in Commercial Court claim, raising issues of industry-wide importance about the safety of a Venezuelan port (as sole counsel)
• Advising on and preparing application under section 44 of the Arbitration Act 1996 for interim orders in respect of dangerous cargo (as sole counsel)
• Acting in HKIAC arbitration concerning lost cargo (as sole counsel)
• Acting in COA dispute raising complex issues of expert evidence and quantum
• Advising in respect of time bar in high-value cargo claim (as sole counsel)
• Acting for charterers in defence of claim concerning hull fouling and allegations of bad faith (as sole counsel)

• Acting for a private aircraft chartering company in a dispute with a services company
• Acting in a contractual dispute concerning two private aircraft chartering businesses

• The Manchester Building Society v Grant Thornton: instructed to assist Rebecca Sabben-Clare QC with successful pre-trial applications to amend and adduce further expert evidence in major auditors’ negligence action
• Acting for City solicitors alleged to have acted in breach of warranty of authority
• Defence for solicitors sued for negligence in relation to conveyancing
• Defence for solicitors sued in respect of tax advice