Henry has represented clients at all levels of the judicial system. He has regularly appeared in the Court of Appeal in recent years (Rabiu v Marlbray Ltd (2016); Gore v Naheed (2017); Jones v Roundlistic Ltd (2018)) and has also appeared in the Supreme Court (Szepietowski v SOCA (2013)). However, he is also experienced in trial advocacy at first instance and on interim applications, whether in the High Court, County Court or First Tier Tribunal.
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. He has also represented clients in claims arising out of a breach of fiduciary duty. His instructions in this area include acting for the successful Claimant in a claim raising undue influence so as to recover over £600,000 wrongfully withdrawn from the client’s bank accounts.
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.
Henry has experience in a wide range of commercial and commercial chancery disputes. These range from acting on a high value claim for beneficial ownership of shares in a company running a casino (Coral Reef Ltd v Silverbond Enterprises Ltd  4 WLR 104 (led by Romie Tager QC)) to appearing in one of the principal cases in the Commercial Court on the effect of a late filing of an acknowledgment of serve prior to the hearing of an application for default judgment (Almond v Medgolf Properties Ltd  EWHC 3280).
In recent years Henry has advised and appeared for clients in a number of joint venture disputes relating to property developments. These include ongoing High Court claims alleging breach of fiduciary duty and seeking accounts, and a 5-day trial in 2017 (Kurbiel v Brandt – HHJ Parfitt, Central London CC).
Landlord & Tenant
Henry frequently advises and acts for commercial landlords and tenants in relation to claims under the 1954 Act, dilapidations claims, claims for breach of covenant and claims for forfeiture (and relief from forfeiture).
His practice also includes residential landlord and tenant claims, service charges and leasehold enfranchisement. He regularly appears in the County Court and First Tier Tribunal on matters relating to residential leases, and recently represented the successful respondent in the Court of Appeal in Jones v Roundlistic Ltd  EWCA Civ 2284, a case considering the application of the Unfair Terms in Consumer Contracts Regulations 1999 (now the Consumer Rights Act 2015) to a covenant in a residential lease.
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.
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, boundary disputes, land registration, mortgages and co-ownership claims.
Recent instructions have included acting for the successful respondent in the Court of Appeal in a case considering “the rule in Harris v Flower” (Gore v Naheed  EWCA Civ 369) and acting for landowners in a High Court dispute concerning the surrender of a lease and whether this could constitute a derogation from the grant by the tenant of an easement over the land. He appeared for the successful appellant in a Court of Appeal case concerning the validity of a contract for the purchase of land made with joint purchasers, where one of the purchasers did not sign (Rabiu v Marlbray Ltd  EWCA Civ 476 (led by Romie Tager QC). He is also very familiar with making and responding to adverse possession claims, having acted both for successful adverse possessors (Mason v Carrington REF/2016/0737) and landowners (Tibble v Routledge REF/2017/1058) in recent years.
Trusts, Probate & Estates
Henry undertakes work in all aspects of trusts and the administration of estates. In addition to ongoing claims arising out of trusts of land, his instructions have included acting for the defendant in a claim to establish a declaration of trust, for rectification of a trust deed and dealing with the requirements of section 53(1)(c) of the Law of Property Act 1925 (Jane Ong v Ong Siauw Ping  EWHC 1742 (Ch) (led by Mark Warwick QC) and successfully opposing an appeal against a third party debt order on the grounds that funds in a bank account were allegedly held on trust for the debtor’s relatives (Mizrahi v Preferred Mortgages Ltd  EWHC 4815).
Stonecrest Marble Ltd v Shepherds Bush Housing Association Ltd  EWHC 2621 (Ch)
Represented the successful landlord in a dispute relating to a landlord’s repair and insurance obligations under a commercial lease of part of a building. The Court held that there was a comprehensive scheme for repair and insurance which excluded any reason to impose on the landlord either an implied covenant to repair the retained parts or a similar duty in tort.
Jones v Roundlistic Ltd  EWCA Civ 2284
Represented the successful respondent on an appeal concerning the application of the Unfair Terms in Consumer Contracts Regulations 1999 (now Consumer Rights Act 2015) to a covenant in a residential lease which had been included on a lease extension under the Leasehold Reform, Housing and Urban Development Act 1993. The case is the only UK authority to consider the scope of the exclusion in regulation 4(2) for contract terms which reflect mandatory statutory or regulatory provisions.
Gore v Naheed  EWCA Civ 369
Represented the Claimant on a successful claim for a declaration as to the existence of a right of way and for an injunction to restrain the Claimant’s neighbour from obstructing his access along the right of way. The Defendant had attempted to rely on the rule in Harris v Flower so as to argue that the Claimant was not entitled to use the right of way in order to access part of his property, the land for which had been acquired by adverse possession.
Rabiu v Marlbray Ltd  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. On appeal, the Court held that the contract created both joint and several liability, and hence the husband was liable on his several contract, even though the joint contract was invalid. This is the most recent Court of Appeal case clarifying the operation of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 and its application to a contract with joint purchasers. (Led by Romie Tager QC)
Coral Reef Ltd v Silverbond Enterprises Ltd  4 WLR 104 (David Foxton QC)
First authority on the doctrine of precedent as it applies to Masters considering judgments by High Court Judges.
Almond v Medgolf Properties Ltd  EWHC 3280 – Phillips J
Principal case on whether a late filing of an acknowledgment of service prior to the hearing of an application for default judgment can prevent a default judgment being entered under CPR 12.3(1).
Jane Ong v Ong Siauw Ping  EWHC 3258 (Ch) – Morgan J
Most recent authority on irregularity of proceedings where Claimants are represented by more than one firm of solicitors and on the approach to assessment of costs in those circumstances. (Led by Mark Warwick QC)
Jane Ong v Ong Siauw Ping  EWHC 1742 (Ch) – Morgan J
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. The case concerns the operation of section 53(1)(c) of the Law of Property Act 1925 and is the latest authorities on the test for the setting aside of judgments obtained by fraud. (Led by Mark Warwick QC)
Re Free of Tie Leases Limited  EWHC 3974 (Ch) – Amanda Tipples QC
Represented the successful company on an application to strike out a winding up petition as an abuse of process where it had been advertised in breach of the Insolvency Rules 1986 and in knowledge that the debt was disputed.
Shafer v Shafer (2014) Reading County Court – HHJ Everall QC
Acted for the successful Claimant in disputing an alleged charge held by father-in-law over property co-owned by Claimant with husband, as well as loans alleged to have been made by father-in-law to Claimant and husband. Claim settled after cross-examination of father-in-law.
Mizrahi v Preferred Mortgages Limited  EWHC 4815 (Ch) – John Baldwin QC
Successful opposition to an appeal against a third party debt order on the grounds that funds in a bank account were allegedly held on trust for the debtor’s relatives.
Szepietowski v Serious Organised Crime Agency  UKSC 65;  AC 338
Acted for successful Appellant to the Supreme Court in defending a claim raising the equitable doctrine of marshalling of securities. The case examines the extent and limits of the jurisdiction to award marshalling and in particular whether there is a requirement that the party seeking to marshal must be owed an underlying debt by the Defendant. (Led by Romie Tager QC)
Chaplair Ltd v Sami & 8 Others (2013) Central London County Court – HHJ Gerald
Acted for the Respondents on an appeal raising issues in relation to the Leasehold Valuation Tribunal’s jurisdiction to control costs recovery clauses in residential leases under section 20C of the Landlord and Tenant Act 1985.
Ansa Logistics Ltd v Towerbeg Ltd  EWHC 3651 (Ch) – Floyd J
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)
Waterside Finance Ltd v Karim  EWHC 2999 (Ch) – Norris J
Injunction to restrain sale of property by mortgagee on basis that mortgage unenforceable under section 26 of Financial Services and Markets Act 2000.
Fluss v Queensbridge Terrace Residents Ltd  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  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  EWHC 93
Application in the Technology and Construction Court to amend particulars of claim after expiry of limitation period; issue raised was whether amendment to plead new document is a new claim. (Led by Romie Tager QC)
Bexley London Borough Council v Maison Maurice Ltd  EWHC 3192
Acted for the successful Defendant on an application in the Chancery Division before Lewison J concerning the extent of highway constructed by local authority and whether local authority estopped from denying right of way over ransom strip acquired by a Compulsory Purchase Order. (Led by Romie Tager QC)