The areas of work in which we have particular expertise, experience and excellence.
The areas of work in which we have particular expertise, experience and excellence.
Call: 2019
"Sharp technical knowledge and practical approach to tactical litigation."
Legal 500 2023
Henk specialises in claims involving personal injuries; clinical and professional negligence; property disputes; construction disputes; and travel and private international law. He has been ranked as “rising star” in the Legal 500 (“sharp technical knowledge” and a “practical approach to tactical litigation”).
Henk acts in claims spanning the full spectrum of personal injury law, including road traffic disputes; employer and occupier liabilities; product liability; public liability; psychiatric injuries; and vicarious liability. He is often instructed in claims where there are suspicions of fraud.
Notable recent cases include:
Henk has a busy paper-based and trial practice in the field of professional liability. He has considerable experience in claims brought against surveyors, conveyancers and building contractors. Henk regularly lectures on this area of law, particularly on issues relating to the assessment of damages in ‘loss of chance’ claims.
Notable recent cases include:
Henk has developed a specialist practice in both property disputes and construction disputes. A significant part of his practice involves cladding disputes and he is presently instructed on several such claims.
Henk is familiar with many standard form construction contracts, particularly the JCT. He is regularly called on to advise on tactics and legal merit in prospective or notified adjudication proceedings, often on short notice, and he has experience enforcing adjudication awards in the TCC. He is also frequently instructed in claims involving consideration of the Defective Premises Act 1972, the Party Wall Act 1996 and common law rights to support.
In the property field, Henk has experience in claims for breach of covenant, commercial landlord and tenant disputes, lease renewals, adverse possession, service charge disputes and dilapidation recoveries.
Notable recent cases include:
In tandem with his personal injury practice, Henk regularly acts in claims brought against public authorities, whether in common law negligence or under the Human Rights Act 1998, data protection legislation, the Equalities Act 2010 or the Highways Act 1980. He was recently instructed by Essex Police (led by Laura Johnson KC) in a seven-day trial concerning the extent of the duty of care owed by the police when performing road policing functions (Transport Arendonk v Chief Constable of Essex Police, May 2022, HHJ Freeland KC). He is well-placed to advise on any claim involving contentious duty of care allegations.
Henk has developed a specialist practice in the field of travel and private international law. He is a contributing editor to the leading practitioner text in this area, Saggerson on Travel Law and Litigation (7th Ed.) and is ranked as a “rising star” in the Legal 500 (2022).
Henk is frequently called on to advise in cases involving novel arguments under the Package Travel etc Regulations 2018. He is currently instructed (led by Sara Prager) in an ongoing representative action (£10m+) brought against several major tour operators under regulations 12 and 13 following the onset of the covid-19 pandemic.
He also acts in contractual disputes between travel businesses which necessitate detailed understanding of the package travel landscape.
Henk has built up expert knowledge in all private international law matters, including issues relating to jurisdiction, foreign applicable law and the enforcement of foreign judgments. He regularly writes and lectures on these areas.
Recent notable cases include:
Henk routinely acts for both healthcare providers (in prison and in community) and claimants in the field of clinical negligence. He is frequently asked to advise on merits, evidence and quantum throughout the lifeline of a claim. Henk has dealt with high-value and complex cases involving difficult issues on breach, causation and evidence. He has no difficulty addressing contentious issues with experts in conference. Recent instructions include a wrongful birth claim involving complex psychiatric injury; a claim involving a negligent hip-replacement surgery; advising on the issue of non-delegable duties in the prison healthcare context; and a claim involving late diagnosis of cancer.
Regulated by the Bar Standards Board (BSB)
Regulated by the Bar Standards Board (BSB) and holds a current practising certificate. To see my privacy notice click here.
ST v BAI Ferries [2022] EWCA Civ 1037: extension of time for service of the claim form (led by Sarah Prager).
Stait v Cosmos Insurance [2022] EWCA Civ 1429: test for domicile in the context of Regulation (EC) No. 1215/2013 (led by Sarah Prager).
Transport Arendonk BVBA v Chief Constable of Essex Police: claim involving lost cargo and novel duty of care arguments. Henk acted for the successful defendant following a seven-day trial in May 2022 (led by Laura Johnson KC).
Piepenbrock v LSE & Ors [2022] EWHC 2421: claim involving alleged psychiatric injury, novel duty of care allegations, and losses pleaded at £1m+ (assisted Laura Johnson KC).
Alli-Balogun v On The Beach [2021] 1 WLR 193 (assisted Sarah Prager).
UK Tour Operator v Foreign Booking Agent: high value arbitration under the Arbitration Act 1996 concerning the interpretation of an agency agreement. The arbitration settled on favourable terms for Henk’s client.
LEN Developments v Butler: the successful enforcement of an adjudication award (c. £800k) in the TCC, requiring advice on charging orders and a worldwide freezing order on property assets. The matter settled shortly before the hearing of the urgent freezing order application.
