About
Henry has a wealth of experience as a trial and appellate advocate. His practice covers all aspects of business and property disputes, with a particular focus on trusts, real property, landlord and tenant and related professional negligence issues.
In recent years, Henry has appeared regularly in the High Court, in particular in large value dilapidations cases – the successful claim in Coldunell Ltd v Hotel Management International Ltd, in which the claimant landlord beat a part 36 offer, was widely reported. He also appeared for the defendant landlord in Stonecrest Marble Ltd v Shepherds Bush Housing Association, a case concerning landlord liability for retained parts which was listed by Property Week magazine as one of its top property cases of the year.
Henry’s appellate cases in which he has been the sole advocate include Jones v Roundlistic Ltd (concerning the Unfair Terms in Consumer Contracts Regulations 1999) and Gore v Naheed (a case relating to whether an easement can be used to access adjacent land).
Henry regularly gives talks and seminars on his areas of practice, and is a former Treasurer of the Property Bar Association.
Civil fraud and Asset Recovery
Henry frequently advises upon the various claims which may be brought arising out of civil fraud, including claims in deceit, personal and proprietary remedies for unjust enrichment, liability for knowing receipt and dishonest assistance, and multi-party claims such as conspiracy and inducing a breach of contract.
Civil fraud claims often demand an urgent response, quick martialling of the material facts and rapid drafting of documents in order to obtain interim relief. Henry has significant experience of responding successfully to such situations, whether representing the applicant or respondent.
Current and recent instructions include:
- Moon Beever (A firm) v James Scott Winter (2021 to 2023). A claim by a firm of solicitors against an agent for fraudulent misrepresentations inducing a postal services contract. Henry represented the firm at trial obtaining judgment, and successfully opposed the Defendant’s Chancery appeal.
- Gram v Food Containers Manufacturing UK Ltd (2020). A claim for the repayment of £250,000 invested in a business, on grounds of breach of warranty, breach of a Quistclose Trust and unjust enrichment. Henry represented the successful claimant.
- Glossop Cartons and Print Ltd v Contact (Print and Packaging) Ltd [2019] EWHC 2314 (Ch) – Henry acted as expert in an interim determination under a purchase agreement as to whether there was a reasonable prospect of success of a fraudulent misrepresentation claim.
- Szepietowski v Serious Organised Crime Agency [2013] UKSC 65; [2014] AC 338
Acted for successful Appellant to the Supreme Court in defending a claim raising the equitable doctrine of marshalling of securities. (Led by Romie Tager QC)
Commercial
Henry has experience in a wide range of commercial and commercial chancery disputes. In recent years he has frequently represented clients in joint venture disputes relating to property developments.
Current and recent instructions include:
- Broadoak Private Finance Ltd v Bardsley (2022) – successful defence of a claim to enforce a charge relating to a development, involving defences arising out of Financial Services and Markets Act 2000 and the unfair relationship provisions under section 140A of Consumer Credit Act 1974
- Avia Wealth Management Ltd v Crowne West Capital Ltd (2022) – Claim arising out of joint venture agreement relating to property development and associated claim on a personal guarantee.
- FlyBosnia DOO v ILFC Aircraft 32A-1808 Limited (2021) – Claim for damages arising out of termination of an aircraft lease
- Coral Reef Ltd v Silverbond Enterprises Ltd [2018] 4 WLR 104 – claim to beneficial ownership of shares in a company running a casino
- Kurbiel v Brandt (HHJ Parfitt, Central London CC) – constructive trust claim relating to property development and breach of fiduciary duty.
- Almond v Medgolf Properties Ltd [2015] EWHC 3280 – principal case in the Commercial Court on the effect of late filing of an acknowledgment of service prior to the hearing of an application for default judgment.
- Rabiu v Marlbray Ltd [2016] 1 WLR 5147 Acted for the successful Appellant on an appeal to the Court of Appeal against a finding that a contract for the sale of land which named a husband and wife as the purchaser, but was entered into without the wife’s consent and signed only by the husband, was invalid. (Led by Romie Tager QC)
- Waterside Finance Ltd v Karim [2012] EWHC 2999 (Ch) Injunction to restrain sale of property by mortgagee on basis that mortgage unenforceable under section 26 of Financial Services and Markets Act 2000.
Landlord & Tenant
Henry frequently advises and acts for commercial landlords and tenants in claims under the 1954 Act, dilapidations claims, claims for breach of covenant and claims for forfeiture (and relief from forfeiture). The judgment he obtained in Stonecrest Marble Ltd v Shepherds Bush Housing Association, which concerned exclusion of duties of repair relating to landlord’s retained parts, was widely reported. In addition he appeared for the successful landlord in Coldunell Ltd v Hotel Management International Ltd, a recent substantial claim in the TCC for disrepair relating to a hotel.
Henry’s practice includes residential landlord and tenant claims, such as leasehold enfranchisement, service charges and associated applications in the First Tier Tribunal. He has recently been involved in a number of applications to vary leases under Part IV of the Landlord and Tenant Act 1987, in particular a complex multi-party application relating to property in the City of London.
Current and recent instructions include:
- RR Rainbow (South) Ltd v Jemmtec Ltd (ChD)(2023) – a large dilapidations claim relating to commercial property in the Wirral
- Coldunell Ltd v Hotel Management International Ltd [2022] EWHC 1290 (TCC) and [2022] EWHC 3084 – a complex dilapidations claim relating to a hotel involving substantial disputes relating to the condition of the property, and the appropriate valuation of the hotel under section 18. Case also reported on the consequences of the landlord beating its Part 36 offer.
- Baring v Crestbond Ltd [2022] EWHC 2921 (KB) – a case concerning the appointment of a High Court receiver to manage residential property, the effect of death of the receiver and the appropriate procedure for making a subsequent application under Part II of the Landlord and Tenant Act 1987
- Stonecrest Marble Ltd v Shepherds Bush Housing Association [2022] 2 P&CR 18 – successful defence of landlord in a dispute relating to landlord’s repair and insurance obligations for retained parts. Chosen as Property Week Magazine significant case of the year.
- Re 39/41 Crutched Friars (2022) – a complex application in the First Tier Tribunal for the amendment of residential leases in a block in the City of London, in which the scheme for service charge recovery was wholly inconsistent across the leases of individual apartments in the block.
- Dhadwal v Heathrow Inn Ltd [2021] EWHC 3833 (Ch) – a trial and subsequent Chancery Appeal raising question whether a shisha lounge attached to a hotel bar constituted breach of a user covenant not to use other than as a “hotel”
- Jones v Roundlistic Ltd [2018] EWCA Civ 2284 – sole advocate for the landlord on appeal in the Upper Tribunal and the Court of Appeal in a case considering whether a tenant’s covenant in a residential lease was void under the Unfair Terms in Consumer Contracts Regulations 1999 (now Consumer Rights Act 2015).
- Ansa Logistics Ltd v Towerbeg Ltd [2012] EWHC 3651 (Ch) – The case concerned a declaration as to unreasonable withholding of consent to subletting and a counterclaim for unlawful parting with possession. Most recent authority on the meaning of “parting with possession”. (Led by Mark Warwick QC)
- Fluss v Queensbridge Terrace Residents Ltd [2011] UKUT 285 (LC) 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.
Professional Negligence
Henry undertakes work in relation to wide range of professional liability claims. His instructions have ranged from acting for the Claimant on a successful claim for professional negligence against solicitors for wrongfully releasing sale proceeds to the value of £600,000 on a conveyancing transaction, and acting for the Claimant in a claim for negligent pensions advice leading to settlement for a significant 6 figure sum.
He has particular experience in professional negligence claims arising out of property transactions, including lease renewals under the 1954 Act, purchases of properties with defective titles and enfranchisement.
Current and recent instructions include:
- An ongoing case arising out of solicitors’ negligence in failing to exercise an option to purchase land intended for property development, in particular raising issues as to the mitigation and appropriate method for valuation of loss.
- Advice in relation to solicitors’ negligence in the drafting of agreements for lease for a high value development in the City of London.
- Hendler v Goodwin & Associates (2022) – a successful claim following surveyor’s negligence in a high value property purchase
Real Property
Real property law is at the core of Henry’s practice. He is familiar with acting and advising on a wide range of disputes including those relating to the sale of land, easements, restrictive covenants, adverse possession, boundary disputes, land registration, mortgages and co-ownership and proprietary estoppel claims.
He has particular experience in relation to mortgages, including issues as to enforcement of the security and disputes under FSMA 2000 or the CCA 1974 relating to the enforceability of the underlying debt.
Current and recent instructions include:
- Recently acted in successful defence of a proprietary estoppel claim relating to large parcels of land farmed by the same family for 3 generations since the 1920s. Claim raised numerous complex issues relating to land registration, the winding up of multiple farming partnerships and general principles of proprietary estoppel.
- Acting for Defendant in ongoing claim concerning the interpretation and effect of a “home-made” trust deed for the joint purchase of valuable commercial property in South East.
- Willow Real Estates Ltd v Bath Road Development Ltd (2024) – Successful defence of a claim alleging commercial development with footings on adjacent land constituted breach of a restrictive user covenant preventing use other than as a car park.
- Snowberry Ventures Ltd v Williamson (2022) – Claim concerning boundary dispute between two properties in Sandbanks, Dorset and an associated claim for exemplary damages for the manner in which trespass committed in Covid-19 lockdown.
- Gore v Naheed [2017] EWCA Civ 369 – Represented successful Claimant at trial and in Court of Appeal on claim concerning right of way, and whether could be used to access adjacent land acquired by adverse possession after the original grant.
Trusts, Probate & Estates
Henry undertakes work in all aspects of trusts law. He has particular experience in trials relating to constructive trusts over property purchased for commercial development or co-habitation. Recent instructions include successful defence of a claim for rectification or set aside of a trust deed on the grounds of mistake and advisory work concerning whether a trust was imposed on rental proceeds collected by a property agent.
Current and recent instructions include:
- Withana v Nimalananda (2024) – successful defence and counterclaim in a trial concerning potential rectification or set aside of a trust deed over real property, and related constructive trust/proprietary estoppel claim over associated property.
- Acting for Defendant in ongoing claim concerning the interpretation and effect of a “home-made” trust deed for the joint purchase of valuable commercial property in South East.
- Gram v Food Containers Manufacturing UK Ltd (2020). A claim for the repayment of £250,000 invested in a business, on grounds of breach of warranty, breach of a Quistclose Trust and unjust enrichment. Henry represented the successful claimant.
- Jane Ong v Ong Siauw Ping [2015] EWHC 1742 (Ch) – Acted for the Defendant in defending a claim to establish a declaration of trust of a property, for rectification of a trust deed and for the set aside of a number of orders alleged to have been obtained by fraud. (Led by Mark Warwick QC)
Notable Cases
RR Rainbow (South) Ltd v Jemmtec Ltd (ChD)(2023)
A large dilapidations claim relating to commercial property in the Wirral
Coldunell Ltd v Hotel Management International Ltd [2022] EWHC 1290 (TCC) and [2022] EWHC 3084
A complex dilapidations claim relating to a hotel involving substantial disputes relating to the condition of the property, and the appropriate valuation of the hotel under section 18. Case also reported on the consequences of the landlord beating its Part 36 offer.
Stonecrest Marble Ltd v Shepherds Bush Housing Association [2022] 2 P&CR 18
Successful defence of landlord in a dispute relating to landlord’s repair and insurance obligations for retained parts. Chosen as Property Week Magazine significant case of the year.
Baring v Crestbond Ltd [2022] EWHC 2921 (KB)
A case concerning the appointment of a High Court receiver to manage residential property, the effect of death of the receiver and the appropriate procedure for making a subsequent application under Part II of the Landlord and Tenant Act 1987
Dhadwal v Heathrow Inn Ltd [2021] EWHC 3833 (Ch)
A trial and subsequent Chancery Appeal raising question whether a shisha lounge attached to a hotel bar constituted breach of a user covenant not to use other than as a “hotel”
Jones v Roundlistic Ltd [2018] EWCA Civ 2284
Sole advocate for the landlord on appeal in the Upper Tribunal and the Court of Appeal in a case considering whether a tenant’s covenant in a residential lease was void under the Unfair Terms in Consumer Contracts Regulations 1999 (now Consumer Rights Act 2015).
Recommendations
Henry is described in the directories as “a strong advocate both orally and in writing” (Legal 500 2023); “very good drafting skills and has a very attractive, persuasive advocacy style” (Chambers and Partners 2024); and “Henry has an uncanny ability to digest and recall intricate details of a case as well as dealing with curve balls. His advocacy is incredibly persuasive” (Chambers and Partners 2023).
In previous editions of the directories, comments include that “he gets to the crux of the matter and offers clear advice” and that he is “an excellent advocate, who is very sound on the law and a complete team player”. Solicitors and clients also state that he “has a self-assured confidence which really comes across to the client” and that “his strength is his ability to distil complex legal issues and offer workable practical solutions”.
Education
- BA (First Class), University College, Oxford
- BCL (Distinction), University College, Oxford
- BVC (Outstanding in Civil Litigation, Landlord and Tenant and Company law)
- Proxime Accessit in the Gibbs Prize in Law, Oxford University
- KPMG prize for best performance in corporate and business taxation on the BCL, Oxford University
- Lord Denning and Hardwicke scholarships, Lincoln’s Inn
Professional Memberships
- Property Bar Association
- Chancery Bar Association
BSB & VAT Information
Registered Name: Henry Charles Daines Webb
VAT Number: 888063384