Henry Warwick is recommended as a leading junior in the fields of Commercial Litigation, and Banking & Finance by legal directories.  He acts in a wide variety of disputes in the Commercial Court, Chancery Division, Mercantile Courts and other courts and tribunals.

He specialises in commercial disputes, arbitration, banking and financial regulation, civil fraud and conspiracy claims, and is also instructed in group actions, and disputes concerning defective products.

Henry is closely involved with the law and Brexit.  He acted for British expatriates in the remaining EU Member States in R(Miller & others) v Secretary of State for Exiting the European Union [2016] EWHC 2768 and [2017] UKSC 6, and for the applicants in annulment proceedings Fair Deal v. Commission of The European Union (Case T-713/16).

Henry has approaching 20 years’ experience in commercial disputes having practiced as a solicitor before joining the Bar at Linklaters LLP and as Legal Counsel at the Permanent Court of Arbitration in The Hague.

Commercial Disputes

Henry Warwick is recommended as a leading junior in Commercial Litigation by Legal 500 (2016).  He is very clear and precise, and rapidly identifies from a wealth of complex information (Legal 500, 2016).

He represents clients in a broad range of commercial disputes including:

  • Disputes arising out of corporate and commercial investments, including joint venture, partnership, sale and supply and agency disputes and other associated contentious matters
  • Civil fraud including complex commercial conspiracies and other economic torts
  • Claims for the recovery of assets and in support of asset recovery overseas
  • Disputes concerning sale of goods and product supply chains
  • Insurance coverage issues

Henry has represented clients in proceedings offshore, and is instructed to represent overseas clients in litigation in England & Wales.

Representative cases

  • Libyan Investment Authority v. Various Defendants (Ch D. 2016-): acting for series of UK parties in commercial conspiracy claim brought in respect of UK joint venture arrangements (led by Vernon Flynn QC, Essex Court)
  • Bermuda entities v Colorado entities (Commercial Court): proceedings in the Commercial Court for anti-suit injunction restraining litigation in Colorado, USA and elsewhere, in investment dispute concerning Bermuda limited partnership agreement
  • Chevron Corporation v Amazonia Recovery Limited & others (Supreme Court, Gibraltar): complex proceedings concerning alleged commercial conspiracy arising from US$18 billion judgment in respect of environmental pollution in Ecuador with associated proceedings in New York and elsewhere. Led by Vernon Flynn QC (Essex Court Chambers), Patrick Green QC (Henderson Chambers) and Jonathan Adkin QC (Serle Court).
  • Stirling Mortimer Global Property Fund PCC Ltd v. ELS & 10 other defendants (Commercial Court, LTL 8/11/2013): complex civil fraud/economic tort claim for recovery of over €45m from defendants in the UK, Ireland, Spain and Nevada, together with further satellite litigation in this jurisdiction and in the United States (led by Patrick Green QC)
  • Advising Far Eastern manufacturer in supply chain dispute concerning liability for defective aircraft components giving rise to aircraft grounding incidents
  • Acting for Singapore ship owners in obtaining Bankers Trust relief to assist tracing of misappropriated assets (Commercial Court, 2015)
  • Disputes concerning spread of fire by reason of multiple alleged defective component sources (pre-action): acting for supplier in supply chain dispute
  • Joseph v Islam & Aslam (QBD, 2015) worldwide freezing injunction and enforcement following disposition of assets to connected parties
  • Dawsongroup Plc v various defendants (QBD – various cases): claims for the recovery of fleets of commercial vehicles, including urgent injunctive relief
  • Advising a JV partner on claims arising from the construction of a 380KV electricity line in Turkey in relation to the alleged mismanagement of the project

Banking and Financial Services

Henry is ranked as a leading junior in the field of Banking and Finance by Legal 500 (tier 3, 2016).

Henry is also ranked as a leading junior in the field of Consumer Law by Chambers UK (London Bar, 2016).

His practice in this field includes:

  • Claims concerning the alleged mis-selling of complex financial products
  • Advising lenders in relation to a range of aspects of financial services regulation
  • Disputes concerning the full spectrum of credit agreements including asset finance, loans, credit cards and associated insurance, interest rate hedging and other products
  • Drafting credit agreements and associated statutory and contractual notices
  • Claims under the unfair relationships provisions of the Consumer Credit Act 1974

Representative Cases/instructions:

  • Axton & another v GE Money Mortgages Limited  [2015] EWHC 1343 (QB), [2015] All ER (D) 39 (Swift J, 22 May 2015 successfully representing lender at first instance and on appeal in claim under section 140A Consumer Credit Act 1974, dismissed for want of a causative link between statutory considerations relied upon and the alleged unfairness in the debtor/creditor relationship
  • Advising group of universities in connection with a regulatory investigation into alleged aggressive trade practices
  • Advising Cayman entity on regulatory implications of proposed lending in the UK
  • Advising BVI entity in relation to financing of buyout by senior management
  • Advising a major UK bank in relation to claims concerning the sale of interest rate hedging products and redress scheme
  • Representing a broad range of banks, credit card and other lenders at trial in claims arising out of alleged mis-selling of financial products
  • Advising leading lender in relation to matters at issue in an appeal to the Supreme Court concerning the meaning and effect of Section 75 Consumer Credit Act 1974
  • Drafting precedent agreements for the provision of loans for participation in employee share schemes and statutory notices for PLC in housing construction sector
  • Advising Defendant banks in complex multi-party claim concerning liability under hire purchase, dealer finance and stocking agreements for alleged defects commercial vehicles
  • Representing on-line share dealing and share custody facility in civil claim arising from alleged regulatory breaches

Product Liability and Group Actions

Henry represents and advises clients in disputes concerning product defects.  He is instructed to advise on a full range of associated matters, including complex limitation issues, conflicts of laws, contribution claims and subrogated insurance claims.

Representative cases:

  • The Seroxat Group Litigation (QB): acting for defendant in pharmaceutical product group litigation (led by Malcolm Sheehan QC)
  • The JJML Pelvic Organ Prolapse Litigation (QB, 2016-): acting for defendant in litigation concerning medical products
  •  Acting for a leading European motorcycle manufacturer in claims arising from alleged component defects
  • Acting for and advising lead defendants (as sole counsel) in high value claim brought by 435 claimants in relation to alleged defects in commercial vehicles.
  • DSG International v. SEI (QBD) and associated claims: representing major UK retailer in proceedings against overseas manufacturer relating to defective electrical goods giving rise to a series of property damage and personal injury claims (led by Geraint Webb QC).

Law of the European Union

Henry is instructed in two high profile legal challenges concerning the process for withdrawal of the UK from the European Union:

  • R (Miller & others) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) and [2017] UKSC 6: representing intervener organisation representing British expatriates in remaining EU Members States in high profile challenge regarding the Secretary of State’s power to give notification under Article 50 TEU both before the Divisional Court and in the Supreme Court.
  • Fair Deal for Expats & others v Commission of the European Union (Case T-713/16): challenge in the General Court of the European Union under Article 263 TFEU in respect of measures preventing negotiations between representatives of the United Kingdom and the Commission pending notice under Article 50 TEU

Professional Liability and Discipline

Henry is ranked as a leading junior in the field of Professional Discipline and Regulatory Law by Legal 500 (2015)

Representative cases:

  • Representing the Investigation Committee in Institute of Chartered Accountants (ICAEW) disciplinary proceedings, including those concerning complex issues of jurisdiction and admissibility, and in appeals and associated civil court proceedings.
  • Acting for and against solicitors in claims relating to alleged negligent conduct of litigation.
  • Valse Holdings SA v. Merrill Lynch [2004] EWHC 2471 (Comm): Representing bank in Commercial Court claim regarding the duty to warn of financial risks (as a solicitor).

Arbitration

Henry draws on experience in both domestic and international arbitrations, conducted ad hoc and pursuant to a range of institutional rules.  He acted as tribunal secretary and provided background support to international arbitral tribunals as Legal Counsel at the Permanent Court of Arbitration in The Hague.

  • Bermuda entities v Colorado entities (Commercial Court): acting in arbitration claim for parties seeking anti-suit injunction to enforce terms of LCIA arbitration clause
  • Commercial arbitration (1996 Act): dispute between franchise operators in training and business referral sector.
  • Arbitration in Portugal (UNCITRAL Rules): of a claim by UK investor against an African state for expropriation of assets in the mining sector (as solicitor).
  • Arbitration between main contractor and sub-contractors: concerning the construction of a Ministry of Defence procurement facility (as solicitor).
  • Support on substantive and procedural issues to tribunals in disputes concerning rights and obligations in public international law including Guyana v. Suriname, PCA (2007), Eurotunnel Arbitration, PCA (2007) and a range of disputes between investors and states pursuant to bilateral and multilateral investment treaties (as PCA Legal Counsel).
More about Henry Warwick

Regulatory Information

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Bar Council Number: 51775

VAT Registration Number: 986436763

Legal Status: Barrister

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