Neil Henderson Commercial Profile
Neil Henderson was called to the Bar in 2004. Before joining the Bar, he worked in the corporate finance departments of JPMorgan and Flemings investment banks for over two years.
Neil has a wide-ranging commercial practice which includes general commercial disputes, shipping, international trade, contracts for the sale and carriage of goods, insurance and reinsurance and insolvency.
Current cases include several Commercial Court bill of lading claims, a reinsurance dispute based on a failure of the insurer to investigate the casualty properly and a multi-million dollar charterparty claim involving complex issues of damages.
Neil obtained a first class degree in Medieval and Modern History at the University of Birmingham, and spent a year at Hitotsubashi University in Tokyo studying Japanese language and history. He took the PgDL (distinction) and BVC (outstanding) at the College of Law, and attended the Southampton Institute of Shipping Law ‘short course’ in 2006.
Outside of work, Neil races horses, sails yachts and dinghies (RYA day skipper) and snowboards.
Commercial:
- Counsel in a multi-million dollar claim by mezzanine debt holders in relation to a restructuring of a German company. Involves proceedings before both the English and German courts.
- Acting on behalf of the founding partners of both a leading investment management partnership and an early stage private equity firm in relation to changes to the partnerships’ management and governance.
- Advising on indemnity and release clauses for the purchase of a business from a consortium of Icelandic banks by a private equity firm.
- Multiple cases during 2009/2010 relating to disputes arising out of derivate products based on the ISDA standard form contract, including Klaveness v PFF where he was led by Timothy Hill QC.
- Acting as Sole Counsel on behalf of the purchasers in relation to a sale contract and guarantee. The dispute was multi-party, multi-jurisdiction involving Texas proceedings, English High Court proceedings and Hong Kong arbitration and was worth in excess of US$20 million.
- Junior to Steven Gee QC in an ongoing High Court claim by US company against former head of European operations for breach of confidentiality and other breaches of fiduciary duty.
- Sole Counsel in an ongoing High Court claim by a BVI company against the current CEO for alleged breaches of fiduciary duty. The dispute involves issues relating to the English and Saudi companies within the commercial group.
- Sole Counsel on behalf of the Claimant, the Bank of Scotland in this Commercial Court claim. The dispute involved a loan made for the conversion of a passenger ferry into a superyacht. Successfully applied for summary judgment in this £5 million claim for breach of a loan agreement.
- Acting for a developer in multi-million dollar claim against Liverpool City Council for breach of an option agreement.
- Sole Counsel acting for a German engineering company against a major US engineering multinational in relation to unpaid tax liabilities.
- Junior Counsel advising in relation to a partnership dispute for a Jersey-based private equity fund.
- Acting on behalf of a bank for a summary judgment application in respect to a €23 million loan for the conversion of a passenger ferry into a superyacht.
- Acting on behalf of numerous English hauliers in relation to the insolvency of a major Northern Ireland based haulier.
- Advising in relation to retention of title clauses.
- Acted on behalf of multiple directors in directors disqualification proceedings.
- In addition, regular High Court and County Court appearances including freezing injunctions, interim applications, CMCs, and general contractual claims.
Recent Specialist Arbitration Expertise:
- LCIA Arbitration - acting on behalf of the Claimant in relation to a dispute over the condition of a consignment of shredded scrap steel as part of a long term CIF sale and purchase agreement.
- LCIA Arbitration - dispute relating to the CIF (Rotterdam) purchase of a consignment of 20mt molybdenum rods by an Estonian company from a Chinese manufacturer for approximately US$1.5 million. Acted on behalf of the Purchaser for a claim relating to the quality of the cargo. LCIA arbitration subject to English law. Advised generally on the contractual terms, merits of the claim and strategy, involved in the drafting of arbitration documentation. Very satisfactory settlement achieved.
Member of London Law Shipping Centre and COMBAR.
Shipping & Maritime:
- Charterparty disputes (High Court and LMAA Arbitration).
- Cargo claims (High Court and LMAA Arbitration).
- Shipbuilding disputes.
> Click to view Neil Henderson Shipping & Trade Profile
Experience:
JPMorgan/ Flemings Investment Banks (September 1999 - December 2001)
- Corporate finance analyst within the technology coverage team focusing on software and IT services companies.
- Completed a wide range of deals including acquisitions, disposals, IPOs and private equity financings (Intec Telecom Systems Plc, TTP Communications Plc, Fraud Solutions Ltd).
- Day-to-day role involved detailed financial analysis, financial modelling, sector and company-specific research, preparation of briefings and marketing presentations for existing and potential clients.
3-4 South Square (September 2004 – July 2005)
- 10-month pupillage at leading insolvency set 3-4 South Square. Worked for Michael Crystal QC and Robin Dicker QC on the MyTravel and TXU litigation, amongst others. Pupilmasters included Steven Atherton QC, Felicity Toube and Andreas Gledhill.
Director of Stone Chambers Limited (April 09 - present)
- Elected as a Member of the Management Committee representing the junior barristers in Chambers.
- Managed, in conjunction with external accountants, the establishment of the management company, Stone Chambers Limited, in April 2010.
- Director with responsibility for finance. Role involves preparing the budget and obtaining agreement of members of Chambers, negotiation of supplier contracts, maintaining the relationship with Chambers’ bank, management of external accountants and internal finances including contributions from members of chambers.
Education
Institute of Shipping Law, Southampton University (August - September 2006)
3-week intensive course on all aspects of shipping law and practice
College of Law, London (9/03 - 6/04)
Bar Vocational Course (Outstanding)
College of Law, Guildford (9/02 - 6/03)
Postgraduate Diploma in Law (Distinction)
University of Birmingham (9/95 - 6/99)
Medieval and Modern History (1st Class)
Hitotsubashi University, Tokyo (9/97 - 6/98)
Japanese Language and History (AIEJ Japanese Government scholar)
News & Articles
29.11.11: ARTICLE: Demurrage Time-bars: Another Victory for Common Sense - Neil Henderson
13.01.11: ARTICLE: Courts Take Hard Line Over Demurrage Time Bars - Neil Henderson
22.11.10: ARTICLE: Using Debt Set-offs in Dispute Resolution - Neil Henderson
27.01.10: ARTICLE: Importance of Collateral Oral Contracts - Timothy Hill QC, Neil Henderson
Other interests
Amateur jumps horseracing
Windsurfing
Snowboarding
Sailing (RYA Day Skipper)

