EU & Competition LawOver the past 20 years members of Henderson Chambers have been instructed in most of the leading group actions issued in the English courts. Henderson Chambers has been at the forefront of the development of the law and practice in relation to group litigation orders and group actions, as well as representative actions and other collective redress actions.
The group actions that members of Chambers have acted in cover a wide range of different types of claim, including: product liability claims; environmental and pollutions claims; group actions arising out of large accidents and disasters; group actions brought by foreign nationals against UK registered companies; collective competition claims; group actions brought by consumers and under the Consumer Credit Act; data protection actions; group actions in respect of industrial disease litigation; employees claiming wrongful dismissal due to defective technology relied upon by the employer; group actions in respect of historic physical, sexual and financial abuse and group actions arising out of the mis-selling of financial and other products. Members of Chambers have become expert in advising in relation to the obtaining of group litigation orders, the structure and management of group actions, and in relation to the funding of group actions.
Several members of Chambers are engaged in writing the second edition of Multi-Party Actions, edited by Prof C. Hodges and Geraint Webb QC.
- Major domestic and international group actions
- Advising in relation to applications for Group Litigation Orders and associated issues in relation to the management of group actions
- VW NOx Diesel Emissions litigation
- Vedanta in environmental claims arising out of a Copper mine in Zambia
- Unilever in claims arising out of election violence in Kenya
- Product liability and consumer claims against manufacturers in the Metal on Metal hip litigation
- Commercial claims against The Post Office, featured in The Lawyer's Top 20 cases of 2018
- GlaxoSmithKline pharmaceutical claims in the Seroxat Litigation
- Google Data breach class action
- The environment Colombian Pipeline Litigation
- Shell in the environment Bomu-Bonny Pipeline Litigation
Representative casesgrid list
VW NOx Diesel Emissions Litigation (ongoing)
Group Action arising from noxious car emissions
Municipo de Mariana v BHP Group PLC ( EWHC 2930 (TCC)
The High Court has struck out claims brought by more than 200,000 Brazilian claimants in the English courts against British and Australian holding companies in relation to the collapse of the Fundao Dam in Brazil in 2015. Details here
Seroxat Group Litigation Bailey and others v GlaxoSmithKline  EWHC 1766 (QB)
Seroxat Litigation: Judgment for GSK with indemnity costs and £4.5m interim payment in landmark product liability group action success (July 2020). Details here
Dring (on behalf of The Asbestos Victims Support Groups Forum UK) -V- Cape Intermediate Holdings Ltd  EWHC 1873 (QB)
The Cape v Dring litigation concerns an attempt by a non-party to obtain copies of the trial bundle used during a six-week asbestos trial involving Cape which settled before judgment in early 2017. At first instance the Master granted the non-party permission to have copies of all documents, including the trial bundle of 5000 pages of disclosure, referred to at the trial. The Supreme Court confirmed in July 2019 that the non-party was entitled to written submissions, witness statements and expert reports under the inherent jurisdiction of the court, but remitted the question of what, if any, documents in the trial bundle the non-party should obtain to the original trial judge. On 16 July 2020 Picken J considered that question and held that Mr Dring was not entitled to receive any other documents. Details here
The Post Office Group Litigation (2018/2019 - TCC)
Representing over 500 current and former postmasters in a widely publicised Group Action against Post Office to recover business losses said to result from failures in Post Office’s Horizon electronic point of sales (EPOS) and accounting system. Widely reported: BBC, Daily Mail, FT and Joshua Rozenberg.
Leading judgment ( EWHC 606) on the developing field of relational contracts and duties of good faith in commercial contracts and on range of other complex contractual and agency issues. Successful judgment following trial of IT expert issues in 2019 ( EWHC 3408). Further judgment ( EWHC 871) with respect to failed application by Post Office to recuse a Managing Judge in Group Litigation.
AAA & Others v Unilever PLC  EWCA Civ 1532
Jurisdiction decision, the Court of Appeal (Lady Justice Gloster, Lord Justice Sales and Lord Justice Newey) has decided that Unilever’s Kenyan subsidiary should not face claims in England and Wales based on injuries suffered by visitors to and on its tea plantation in Kenya (arising out of Post- Election Violence, at the hands of third parties, in 2007.)
Google Data Breach Class Action
A representative action on behalf of approximately 5.4 million iPhone users issued against Google November 2017.
DePuy Pinnacle Metal on Metal hip litigation  EWHC 1208 (QB)
In a decision that will be very influential for other metal on metal claims, on 21 May 2018 judgment was given in favour of the defendant DePuy International Limited on preliminary issues in the DePuy Pinnacle Metal on Metal group litigation.
Ocensa Pipeline Group Litigation  EWHC 1699 (TCC)
Colombian Farmers / OCENSA Pipeline litigation: Defending oil pipe nuisance, environmental and property damage claim in Colombia.
Following a 4 ½ month Trial in the TCC, the defence was successful and all of the Lead Cases were dismissed.
Group Actions Barristers
Charles Gibson QC
Call: 1984 Silk: 2001
Lawrence West QC
Call: 1979 Silk: 2003
Prashant Popat QC
Call: 1992 Silk: 2008
Professor Sir Alan Dashwood QC
Call: 1969 Silk: 2010
Patrick Green QC
Call: 1990 Silk: 2012
Geraint Webb QC
Call: 1995 Silk: 2013
Oliver Campbell QC
Call: 1992 Silk: 2014
Malcolm Sheehan QC
Call: 1993 Silk: 2015
Toby Riley-Smith QC
Call: 1995 Silk: 2016
Andrew Kinnier QC
Call: 1996 Silk: 2018
Henry Warwick QC
Call: 2007 (Solicitor: 2000) Silk: 2020
Call: 2007 (Solicitor: 2005)
Call: 2010 (Solicitor: 2008)