Henry's practice continues to flourish. He undertakes advocacy and advisory work in a wide range of commercial and contractual disputes, residential and commercial landlord and tenant claims, professional negligence, real property, mortgages and insolvency.
He regularly appears in the High Court and County Courts for trials and interim applications and also has extensive experience of leasehold enfranchisement and service charge matters in the Leasehold Valuation Tribunal. On a number of occasions he has been led by more senior members of Chambers. Henry is a contributor to Chambers' seminar programme and, together with Gary Blaker, has recently given a seminar on Competition Law and Land Agreements at a number of major City law firms.
A talented scholar, Henry was awarded a First Class law degree and a Distinction on the BCL at University College, Oxford. He received prizes including Proxime Accessit in the Gibbs Prize in law and the KPMG prize for best performance in corporate and business taxation on the BCL.
A recipient of the Lord Denning and Hardwicke Scholarships from Lincoln's Inn, he was graded outstanding on the BVC in Civil Litigation, Landlord and Tenant and Company law.
featured cases
Real Property and Mortgages: Henry's practice has recently covered a number of claims relating to the co-ownership of land, including trials seeking a declaration as to joint beneficial tenancies. He has experience of claims involving undue influence and has recently obtained a declaration that a conveyance into joint names be set aside on this basis. In addition, he has represented a surviving co-owner in a successful claim to beneficial ownership of the proceeds of a life insurance policy taken out in respect of the mortgage on purchase of the property.
Commercial Disputes and Insolvency: Henry frequently represents commercial clients in trials and applications for summary judgment. He has experience of applying for and defending applications for freezing injunctions. His recent cases include representing a claimant company in a successful claim for unpaid invoices in which the defendant's case was that his signatures had been forged. He also regularly appears for debtors and creditors on bankruptcy and winding up petitions and applications to set aside statutory demands.
Residential and Commercial Property: Recent landlord and tenant cases include determination of rent in a telecommunications lease renewal under the Landlord and Tenanct Act 1954 and resisting a claim for unlawful forfeiture in a case raising a complex issue under the Landlord and Tenant (Covenants) Act 1995 as to whether an assignee of a reversion can forfeit a registrable lease for rent arrears prior to registration. Henry has also recently represented the respondent to an application for collective enfranchisement in the LVT concerning whether the LVT's jurisdiction under section 1(4)(a) of the Leasehold Reform, Housing and Urban Development Act 1993 to order the grant of rights to the nominee purchaser includes the power to order positive obligations. The matter is currently the subject of an appeal to the Lands Tribunal. He has also conducted trials of and advised on a number of boundary disputes.
Reported Cases
Fluss v Queensbridge Terrace Residents Ltd [2011] UKUT 285 (LC) (HHJ Huskinson)
Appeal to the Upper Tribunal (Lands Chamber) in relation to a claim for collective enfranchisement. No previous authority on whether freeholder entitled to include positive covenants in offer of rights to nominee purchaser under section 1(4)(a) of Leasehold Reform, Housing and Urban Development Act 1993. Approach to be applied by Leasehold Valuation Tribunal in determining such applications.
Re Easy Letting & Leasing Ltd [2008] EWHC 3175 (Morgan J.)
Application to restrain the advertisement of a winding-up petition; approach the Court should take where allegation that debt is bona fide disputed on substantial grounds.
British Airways v Apogee Enterprises Inc [2007] EWHC 93
Application in the Technology and Construction Court to amend particulars of claim after expiry of limitation period; whether amendment to plead new document is a new claim.
Bexley London Borough Council v Maison Maurice Ltd [2006] EWHC 3192
Application in the Chancery Division before Lewison J concerning extent of highway constructed by local authority; whether local authority estopped from denying right of way over ransom strip acquired by a Compulsory Purchase Order.