Henry King
Call date
1998
Practice Areas
Henry King is a Chartered Accountant as well as a barrister, having qualified in one of the Big Four practices. He has a broad commercial and civil practice, with particular experience in banking cases and those involving the interpretation and understanding of financial reports. He regularly acts for clients offshore and has appeared recently in cases in the British Virgin Islands, the Cayman Islands and Trinidad and Tobago.
Henry is a member of the Attorney-General’s B Panel of Counsel.
Recommendations (Practitioners’ Guides):
As an advocate, Henry enjoys presenting complex matters in readily understandable terms. Chambers and Partners (Commercial Dispute Resolution) has commented that “users appreciate his ‘immaculate organisation and thoroughness.’”
Henry is also recommended by Chambers and Partners in both Banking and Finance and Financial Services; the comments read: Henry King has an "impressive grasp of detail and is great fun to work with," sources say. In addition to his skills as a barrister, he is a chartered accountant, which solicitors say is a great advantage in this area.
Henry King enters the rankings this year in recognition of his steadily growing practice in this area. He received high praise for his dedication, with one solicitor who instructed him saying: "We got tremendous support from him; he worked like a trojan in support of our client and ourselves." King acted for the former CEO of UBS’s UK wealth management business in the aforementioned FSA v Pottage.
Recent Practice:
Banking & Finance
Acting (with Bankim Thanki QC) for the Central Bank of Trinidad and Tobago in the public enquiry before Sir Anthony Colman into the collapse of Colonial Life Insurance Company and other entities in the CL Financial Group.
Acting for and advising merchant and clearing banks and customers/guarantors in a variety of disputes and recovery proceedings, on claims totalling several hundred million US$, including in Islamic Finance arrangements.
Acting (with David Railton QC) in the defence of a British Virgin Islands US$100m claim for breach of an alleged banking arrangement between two Russian businessmen. Henry succeeded in having the claim struck out in 2011.
With Raymond Cox QC, advised the major Turkish construction company ENKA Insaat on its claims against Italian banks Banca Popolare dell’Alto Adige and Cassa di Risparmio di Bolzano under Advance Payment and Performance Guarantees. Obtained summary judgment with indemnity costs against the banks in the Commercial Court [2009] EWHC 2410 (Comm) and enforced through contested Third Party Debt Orders.
With David Railton QC, acted in 2008 for the Cayman subsidiaries of a European bank in relation to claims brought against them in the Grand Court of the Cayman Islands concerning transactions entered into by a Cayman fund for which one of the European bank’s subsidiaries was investment manager.
Acted for the Bank of England in the 22 month trial before Tomlinson J of Three Rivers District Council v Governor and Company of the Bank of England [2006] EWHC 816 (Comm) and in the Bank’s successful application for indemnity costs.
Fraud
Obtaining and holding worldwide freezing orders in the QB Division against the assets of the operators of an allegedly fraudulent investment scheme, Striegel v Ariana and others as well as Bankers Trust orders against two banks and mandatory orders for disclosure of information by two further parties.
Acting for a bank which was the subject of a Bankers Trust order, appearing on the return date and successfully obtaining variation of the terms of the order.
Acting for the defendant in the Ch D in a claim of actual undue influence, Shah v Perlman.
Regulatory Work (including Financial Services)
Acting (with Guy Philipps QC) against the FSA for the chief executive of a prominent wealth management firm in proceedings before the Upper Tribunal. The FSA was ordered to take no action against the client. Pottage v FSA [FS/2010/33], judgment of 20 April 2012.
Acting for a chartered accountant before the Disciplinary Committee of the ICAEW.
Acting (with Simon Browne-Wilkinson QC) for the Joint Disciplinary Scheme in relation to Ernst & Young’s audit of Equitable Life.
Commercial Litigation
Henry has experience of acting as sole counsel and as junior counsel in a wide variety of trials and applications ranging from County Court to Court of Appeal. His major cases include acting:
- with Veronique Buehrlen QC, for the operator of an integrated polyolefin plant in its claim for damages and loss of profit against an LPG supplier (Borealis AB v Geogas Trading SA, [2010] EWHC 2789 (Comm)). Henry conducted the quantum part of the claim.
- with Anthony Boswood QC and Bankim Thanki QC for the vendor in a £30m breach of warranty claim on the sale of an insurance company (Eastgate v LMG [2002] 1 WLR 642, CA)
- with David Waksman QC for the vendor in a £7m breach of warranty claim
- with Michael Crane QC on behalf of the insured in Commercial Court litigation against underwriters and broker
- with Timothy Howe QC in multi-million £ litigation by a major UK retailer against a computer software supplier
- with Bankim Thanki QC for a FTSE 100 company in defence of an action for unlawful conspiracy
- with David Waksman QC for a defendant company in the Commercial Court to a claim for conspiracy and for a declaration that the termination of a sub-licence was void
- with Thomas Beazley QC in a claim for damages resulting from breach of a share sale agreement.
Acting and advising as sole counsel, Henry advises and acts across the full spectrum of commercial disputes, in particular in disputes between shareholders / joint venturers and in professional negligence cases (where his work has involved engineers, solicitors, tax advisers, licensed conveyancers, auditors, valuers, fund managers and insurance brokers).
Arbitration
Acted (with Simon Browne-Wilkinson QC and Edward Levey) for the defendant in an international multi-million £ telecommunications dispute.
Acted (with Stephen Moriarty QC) in AEGIS Ltd v European Re [2003] 1 W.L.R. 1041 (duty of confidentiality in arbitrations: appeal to the Privy Council from the Court of Appeal of Bermuda).
Civil Procedure
Acting (with Bankim Thanki QC) for the Bar Council (intervening in the Supreme Court, in November 2012) in Prudential v HMRC as to whether legal professional privilege should be extended to communications with accountants.
Education:
Inns of Court School of Law: Outstanding
City University Diploma in Law: Distinction
Oxford University: Double first in Classics
Prizes & Scholarships:
Inner Temple: Princess Royal Scholarship, Major Scholarship
Oxford University: Hertford Scholarship, Gaisford Prize
Balliol College, Oxford: Brakenbury Scholarship, Coolidge Award
Publications:
Contributor to The Law of Privilege (ed. Thanki) (2nd ed, 2011, Oxford University Press)
Bullen & Leake & Jacob's Precedents of Pleadings (17th ed, 2011, Sweet & Maxwell) - specialist contributor on Restitution.
Commercial Court Procedure (2nd ed, 2001, Sweet & Maxwell) - contributing editor
Languages:
French
Other Qualifications:
Chartered Accountant (ACA)