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Practice Summary

Henry Hoskins’ practice covers a wide spectrum of commercial dispute resolution, including litigation and international arbitration. Henry has acted in complex, high-value litigation in the High Court and the Court of Appeal led by senior members of Chambers, as well as regularly appearing as sole counsel in the High Court (including the Commercial Court, the Chancery Division, and the Queen's Bench Division) and County Courts. In addition to litigation, he also has experience of international arbitration, and of arbitration claims in the Commercial Court. Henry has a particular interest in restitution and unjust enrichment, as part of a broad commercial practice.

Henry is recommended in Chambers & Partners 2021 in Commercial Dispute Resolution "Hard-working, thorough and a strong team player."

Recent commercial litigation includes:

Manning & Napier Fund Inc. and others v Tesco Plc (2020) Acted with Laurence Rabinowitz QC, Conall Patton QC and Michael Watkins for Tesco plc in defending claims in the Financial List under Schedule 10A FSMA arising out of an historic profit overstatement. A recent interlocutory judgment is at [2020] EWHC 2106 (Ch). The proceedings settled shortly before trial.

McLaren Holdings Ltd v US Bank Trustees Ltd [2020] EWHC 1892 (Ch) - acted with David Wolfson QC for the defendant creditor in proceedings for an expedited trial under CPR Part 8, in which McLaren sought declarations that its proposed refinancing arrangements were permitted by the contractual documents governing a series of New York loan notes and a revolving credit facility. The Court made a direction for an expedited trial at [2020] EWHC 1892 (Ch), and the proceedings settled shortly before trial.

Avonwick Holdings Ltd v Azitio Holdings Ltd and others [2020] EWHC 1844 (Comm) - with David Wolfson QC and Sebastian Isaac, successfully defended Mr Oleg Mkrtchan and others against claims for over US$2 billion following an eight-week Commercial Court trial before Picken J. The dispute concerned the division of a global portfolio of metallurgical businesses and other assets between three Ukrainian businessmen. It involved claims for fraudulent misrepresentation, breach of contract, dishonest assistance, knowing receipt and unjust enrichment. Mr Mkrtchan and others subsequently obtained a post-judgment worldwide freezing order in relation to an unpaid award of indemnity costs in their favour.

Macquarie Capital (Europe) Ltd v Nordsee Offshore MEG I GMBH [2019] (Comm) – acted for the claimant (with Daniel Toledano QC and Nehali Shah) in a 7-day trial of a claim for payment of fees under an agreement for financial advisory work in relation to the construction of an off-shore windfarm.

Tsareva v Ananyev; Galagaev v Ananyev [2019] EWHC 2414 (Comm) – acting for the second defendant (with Neil Kitchener QC) in relation to a circa US$100 million claim for alleged fraudulent misrepresentation and conspiracy in connection with the sale of Loan Notes in Russia, in relation to applications for freezing injunctions.

Barclays Trust Company (Jersey) Ltd and others v Ernst & Young LLP [2016] EWHC 869 (Comm) – defended EY (with Daniel Toledano QC and Nehali Shah) in the five-week trial of a professional negligence claim concerning financial and commercial due diligence work.

Standard Bank Plc v Just Group LLC & Others [2014] EWHC 2687 (Comm) – acted for the Russian-owned seventh defendant (with Daniel Toledano QC) in contesting English jurisdiction in a claim for fraudulent conspiracy relating to a fuel supply agreement.

Gorgeous Beauty v Liu and others [2014] EWHC 2952 (Ch) – represented the claimant (with Jamie Goldsmith) in a shareholder dispute involving allegations of civil fraud.

In arbitration, Henry’s experience includes:

SIAC arbitration (Singapore seat) 2018 – acting (with Laurence Rabinowitz QC) in a US$5.5bn SPA dispute in the oil and gas sector, heard in Singapore under the rules of SIAC over some 35 days in 2018.

ICC arbitration (London seat) 2015 – acted for the claimant (with Charles Graham QC) in an arbitration in the aviation sector involving allegations of fraudulent conspiracy, which settled before the hearing;

LCIA arbitration (London seat) 2014 – advised a major oil company (with Michael Watkins) in relation to a claim in LCIA proceedings for restitution concerning alleged over-lifting of natural gas liquids, which settled before the hearing.

Henry’s practice frequently involves advisory work, including advising a borrower (with David Wolfson QC) on its liabilities under various loan facility agreements; assisting Rhodri Davies QC in advising the trustees in insolvency of a company within the Lehman Brothers group in relation to various swaps agreements; assisting Lord Grabiner QC in advising on the interpretation of an agreement concerning the development of energy infrastructure; and advising on a multi-million pound claim in the Commercial Court for breach of an exclusive distribution agreement

Besides led work, Henry advises and appears as an advocate in his own right in a range of commercial disputes, which has included:

Power Electrics Ltd v Fawsitt Holden Energy Ltd (2020) - acted as sole counsel for the defendant and counterclaimant, involving claims for breach of contra and unjust enrichment concerning the manufacture and supply of generators of renewable electricity. Following a series of contested interlocutory applications, the claims settled.

Oghoro v Sanomi and others [2016] EWHC 2148 (QB) – successfully striking out a claim for some £30m against a Nigerian oil and gas group.

Mainline Digital Communications Ltd v Chaddah [2015] EWHC 1580 (QB) – acted for the defendant in a three-day trial in the High Court concerning the supply of marketing services to a telecommunications company.