Miguel Henderson

Areas of expertise

• Commercial dispute resolution

  Commercial dispute resolution

  Miguel is currently is currently acting as junior counsel for the main Defendants in Skatteforvaltningen (Danish Customs and Tax Authority) v Solo Capital Partners LLP & Ors, led by Nigel Jones KC, Sarah McCann, Lisa Freeman (of Furnival Chambers) and Emily Betts. The case involves claims for £1.4bn in deceit, conspiracy, unjust enrichment, breach of constructive trust, dishonest assistance, and knowing receipt arising out of complex share trading.

  The case is listed as one of The Lawyer’s Top 20 cases for 2024. The main trial is listed start on 9 April 2024 and is timetabled to finish in April 2025. It is the most complex case which has been case managed in the Commercial Court. Mr Justice Baker previously remarked that this case was “litigation on a massive scale”.

  Miguel has experience of a range of commercial disputes including:

  • Claims concerning the application of ROT Clauses and wrongful interference;
  • Claims concerning default notices under the Consumer Credit Act 1974;
  • Claims of misrepresentation and breach of covenant arising out of franchising agreements;
  • Claims concerning breaches of the Financial Services and Markets Act 2000;
  • Claims brought under the Third Parties (Rights Against Insurers) Act 2010;
  • Disputes concerning service of bankruptcy petitions and statutory demands;
  • Shareholder disputes including breaches of equitable obligations;
  • Disputes concerning the availability of Third Party Debt Orders under CPR Part 72;
  • Claims brought against multiple defendants in fraud arising out of aircraft purchase agreements;
  • Part 20 proceedings brought against parties under a trading agreement;
  • Claims brought under component pooling agreements;
  • Appearing as junior counsel in the High Court to discharge freezing and proprietary injunctions;
  • Appearing as counsel in the County Court in proceedings to recover outstanding sums due under loan agreements;
  • Advising on the merits and quantum of prospective proceedings brought by distributors against manufacturers;
  • Advising on the merits and quantum of prospective proceedings brought for the wrongful termination of a Forward Contract against Forex brokers;
  • Advising and drafting pleadings in proceedings for deceit and wrongful means conspiracy following the misappropriation of EUR 1 million pursuant to a loan agreement;
  • Drafting proceedings for fraudulent misrepresentation arising out of a share purchase agreement.
• Professional liability

  Professional liability

  Miguel has experience in claims against professionals and/or arising out of the provision of services. Examples include:

  • Advising on speculative proceedings against an investment back in negligence;
  • Advising on the recoverability of certain heads of damage in a claim against negligent auditors;
  • Advising on matters relating to the existence of a duty of care;
  • Pleading claims brought against negligent property surveyors;
  • Acting as junior counsel in Commercial Court proceedings in negligence brought by investors against their solicitors.
• International

  International

  Miguel deals with a range of issues in cross-border disputes. Examples include:

  • Advising on the governing law and the validity of an agreement to arbitrate in international arbitration proceedings;
  • Assisting on an advice on the availability of anti-suit injunctions in the context of international arbitrations;
  • Assisting in claims concerned with the application of the Brussels Recast Regulation (Regulation (EU) No. 1215/2012) and the applicability of English Common Law conflict of laws principles.
• Insurance & reinsurance

  Insurance & reinsurance

  Miguel has experience assisting in a range of insurance-related matters. Examples include:

  • Advising on the construction and application of London Engineering Group (LEG) clauses in a Construction All Risks Insurance Policy;
  • Claims brought against insurers arising out of the design and construction of masonry;
  • Multiple insurance claims brought under D&O and PI policies arising out of underlying franchising agreement disputes;
  • Advising on the recoverability of fines imposed by the Information Commissioner pursuant to her powers under the GDPR under insurance policies;
  • Advising on business interruption insurance policies and claims for business interruption arising out of the current COVID-19 pandemic;
  • Advising on material non-disclosures and misrepresentation under the Insurance Act 2015 in the context of a reinsurance policy.
• Shipping & international trade

  Shipping & international trade

  Miguel has a particular interest in disputes relating to marine vessels and contracts of carriage. Examples include:

  • Drafting advice on the correct measure and assessment of damages in a breach of charterparty claim;
  • Drafting advice on breaches of warranties in an international sales agreement;
  • Assisting in various disputes safe port warranties and sea- and cargo-worthiness;
  • Drafting claims against multiple parties under both time and voyage charterparty disputes.
• Construction & engineering

  Construction & engineering

  Miguel has experience of a range of construction disputes including:

  • Adjudication enforcement proceedings;
  • Arbitration proceedings arising out of allegedly defective works to a residential property;
  • Acting as junior counsel in the High Court in a claim concerning wrongful termination, allegedly defective works and delay;
  • Disputes arising out of no oral variation clauses in a bespoke construction contract for the renovation of residential premises;
  • Claims arising out of architectural services provided for the design and construction of commercial premises;
  • Claims brought against a contractor arising from the partial collapse of a bridge;
  • Adjudication proceedings concerning the defective construction of sports grounds;
  • Adjudication proceedings concerning delays under an amended JCT Design and Build Contract;
  • Adjudication proceedings concerning the application of the termination provisions in the Intermediate Sub-Contract Conditions ICSub/C 2016;
  • Litigation concerning the defective construction of residential property and the incorporation of standard terms and conditions;
  • Litigation in the DIFC concerning misrepresentations in the context of a contract for sale of real property;
  • Advising on the recoverability and quantum of consultants’ costs in proceedings to enforce an adjudication award;
  • Advising on the merits of prospective proceedings in misrepresentation against a property developer;
  • Advising on limitation in respect of claims brought concerning the design and administration of a building contract (2011 JCT Standard Building Contract with Quantities);
  • Advising on pre-action disclosure in a dispute valued in excess of £1 million and arising from the design and construction of a dwelling.
• Insolvency & restructuring

  Insolvency & restructuring

  • Appearing in the County Court and High Court on behalf of petitioning creditors in insolvency and bankruptcy proceedings.