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Henry is ranked in both Chambers and Partners UK Bar and Legal 500 for Property/Real Estate Litigation. Clients comment that he is “a strong advocate both orally and in writing” (Legal 500 2020), that he “gets to the crux of the matter and offers clear advice” (Legal 500 2019) and that he is “an excellent advocate, who is very sound on the law and a complete team player” (Legal 500 2018). 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” (Chambers and Partners 2020).
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.
His commercial chancery experience covers trusts, fraud, undue influence, fiduciary duties and professional negligence. His property practice includes real property (sale of land, easements, boundary disputes, adverse possession), land registration, mortgages, co-ownership claims and commercial and residential landlord and tenant disputes.
Henry’s recent and ongoing cases include:
• Acting for the respondent on an appeal to the Court of Appeal concerning the application of the Unfair Terms in Consumer Contracts Regulations 1999 to a residential lease, and the scope of the exception for mandatory statutory provisions under the 1999 Regulations: Roundlistic Ltd v Jones  EWCA Civ 2284;
• Acting on an appeal to the Court of Appeal to consider the “rule in Harris v Flower” and its effect on a right of way granted in order to access part of client’s property, the land for which had been acquired by adverse possession: Gore v Naheed  EWCA Civ 369.
• Acting for landowners in a High Court dispute concerning the surrender of a lease and whether this could constitute a derogation from grant in respect of an easement over the land;
• Acting for the successful Appellant on an appeal to the Court of Appeal considering the validity of a contract for the purchase of land made with joint purchasers, where one of the purchasers did not sign the contract: Rabiu v Marlbray Ltd  EWCA Civ 476 (Led by Romie Tager QC);
• Acting for the tenant on a six-figure dilapidations claim following the termination of a commercial lease. Claim settled on beneficial terms after first day of trial;
• Acting for landlord in a High Court claim on a declaration as to unreasonable withholding of consent to subletting and a counterclaim for unlawful parting with possession.
• Acting on a high value claim for beneficial ownership of shares in a company running a casino. Claim reported on issue of security for costs and question of whether a Master is bound by the doctrine of precedent to follow a decision of a High Court Judge (on which there is no prior authority): Coral Reef Ltd v Silverbond Enterprises Ltd  EWHC 874 (Master Matthews); (2016) Ch D 21 October (extempore) – David Foxton QC (Led by Romie Tager QC);
• Acting for the Defendant in a claim to establish a declaration of trust of a property, for rectification of a trust deed and for the set aside 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 authority on the test for the setting aside of judgments obtained by fraud and as to the approach to assessment of costs where Claimants represented by more than one firm of solicitors: Jane Ong v Ong Siauw Ping  EWHC 1742 (Ch);  EWHC 3258 (Ch) – Morgan J (Led by Mark Warwick QC);
• Appearing in the Commercial Court in 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): Almond v Medgolf Properties Ltd  EWHC 3280 – Phillips J;
• Acting for the Claimant on a claim for professional negligence against solicitors for wrongfully releasing sale proceeds to the value of £600,000 on a conveyancing transaction;
• 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 Limited  EWHC 4815 (Ch) – John Baldwin QC
• Acting for the Claimant in a claim for negligent pensions advice leading to settlement for significant 6 figure sum;
• Acting 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: Szepietowski v Serious Organised Crime Agency  UKSC 65 (Led by Romie Tager QC)
• Acting for the successful Claimant in a claim raising undue influence as a counterclaim for recovery of over £600,000 wrongfully withdrawn from the client’s accounts.
Henry is a member of the Property Bar Association (Treasurer 2017), and the Chancery Bar Association. He regularly provides seminars and publishes articles in specialist legal journals.
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Coral Reef Ltd v Silverbond Enterprises Ltd (2016) 21 October (extempore) David Foxton QC
First authority on the doctrine of precedent as it applies to Masters considering judgments by High Court Judges.
Rabiu v Marlbray Ltd  EWCA Civ 476
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)
Roundlistic Ltd v Jones  UKUT 325 (LC) – HHJ Huskinson
Appeared for the successful appellant on an appeal in relation to breach of a user covenant by a residential tenant. Overturned the FTT’s finding that there had been an estoppel by convention or waiver preventing reliance by the landlord on the user covenant in circumstances where the landlord was carrying out the same use in another part of the building. Set aside finding that the user covenant was an “unfair term” within the Unfair Terms in Consumer Contracts Regulations 1999.
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)
Ian Almond & Ors v Medgolf Properties Limited  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).
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.
Gore v Naheed (2015) Oxford County Court – HHJ Charles Harris QC
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.
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)
- Property Bar Association
- Chancery Bar Association
- 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