Stone Chambers | Barristers

Neil Henderson Shipping & Trade 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.

Charterparty Disputes (High Court and LMAA Arbitration):

Instructed on behalf of the shipowners in a claim against charterers for breach of a consecutive two-voyage charterparty. The claim involved a question of the appropriate legal principle for the calculation of damages. The matter settled in mediation.
Claim by charterers in relation to the breakdown of a vessel’s cranes. Acted for the charterers alleging that cranes are defective. That claim was denied by owners on the basis that the cranes were overloaded. The owners also counterclaimed for damage sustained from an alleged dangerous port. The matter settled in the charterers’ favour after the dangerous port claim was dropped in its entirety.
Acted on behalf of the shipowners in a dispute over off-hire and when the vessel was delivered. The tribunal found in favour of the shipowners. This decision was appealed by the charterers on a point of law (s.69 Arbitration Act 1996). Permission to appeal was given and the matter is ongoing.

Cargo Claims (High Court and LMAA Arbitration):

Instructed by Greek solicitors on behalf of the Claimant cargo owners. The claim was for the damage and destruction of several containers of frozen fish whilst in transit from Sierra Leone to Greece. Default judgment was obtained on liability followed by a favorable settlement on quantum.
Defending claim by cargo interests on behalf of shipowners. The case involved a question of the applicability of the Hague Rules as enacted in Turkey, which would have had the effect if successful of reducing the claim of c.US$500,000 to US$50. The case settled after the disclosure stage.
Led by John Reeder QC on behalf of cargo owners in this confidential three-party arbitration worth several million dollars which involved an oil tanker running aground and loss of oil. Recently instructed to appear at the directions hearing (involving Nigel Jacobs QC and Timothy Brenton QC as the other counsel) as Sole Counsel. The question of liability is due to be heard in a two-week arbitration in late 2011.

Shipbuilding Disputes:

Acting for an Egyptian off-shore contractor which has ordered 8 new-build vessels from an Indian shipyard. The dispute concerns the late delivery of the vessels by the shipyard and is worth in excess of twenty million dollars. Sole counsel against Simon Picken QC of 7KBW.
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.

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.

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Previous 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.