Henry’s practice is predominantly comprised of high value and/or complex personal injury. He is routinely instructed in cases in which multi-million pound claims are advanced for future care and case management. Several of his claims have resulted in orders for periodical payments well in excess of 200k per annum. Claimants in Henry’s practice commonly lack capacity, with the Court of Protection being involved for adults. Henry also takes a particular interest in accommodation and complex future loss of earnings claims, especially projecting career paths for young claimants, including potentially highly paid professionals.
Henry is a regular speaker on matters concerning catastrophic and serious injuries. He is also a contributing editor to Butterworth’s Personal Injury Litigation Service.
Road traffic incidents
For his entire career, Henry has been instructed to advise and argue over liability in motor accidents and he has huge trial experience of the same. These now give rise to some of the highest value claims, involving complex brain and spinal injuries, as well as polytrauma and death.
Henry often works closely with reconstruction, CCTV and other experts as to liability.
He has a substantial number of ongoing and recent cases involving pedestrians, many of them children.
Since his arrival at No5, Henry has been regularly instructed in matters relating to injuries sustained in the course of employment. Such cases are wide-ranging, but often arise from:
- Work equipment;
- The adequacy of personal protective equipment;
- The condition of the workplace;
- Exposure to hazardous materials (including asbestos and chemicals);
- Work at height;
- Construction sites and works;
- Manual handling;
- Off shore work in oil and gas; and,
- Assaults by third parties.
Henry takes an interest in the more complex cases, particularly those involving multiple parties and arguments of contribution, indemnities and non-delegable duties.
Henry has significant experience of claims arising out of the condition of the highway and spent many years acting for local authorities. In addition to the usual "wear and tear” cases, Henry has advised in matters concerning snow and ice, dangerous spillages, utilities, street works and arguments as to inherent dangerousness in the design and/or construction of the road.
Aside from local authority claims, Henry has regularly acted in cases involving occupier’s liability and defective premises claims.
Most of the "foreign” cases in which Henry is instructed, involve significant injuries sustained in accidents and incidents outside of the jurisdiction, commonly elsewhere in Europe. These are usually serious road traffic accidents, but also public liability claims.
Henry has experience of working with lawyers from other countries, particularly regarding the presentation of their expert opinion as to substantive law of foreign jurisdictions.
Henry has worked in cases where multiple, related claims are brought. Most notably, he was part of the claimant team in the "sofa dermatitis” litigation, in which several thousand claimants successfully brought claims for compensation.
He also is instructed in less formal group litigation, where a GLO is not required. For example, Henry acted for over 30 police officers who developed very severe gastric problems due to poor hygiene standards by an external caterer.
Henry has for years been instructed by insurers in relation to fraudulent claims, usually brought by the victims or alleged victims of road traffic accidents. These matters cover the usual range of:
- Bogus accidents;
- Staged accident;
- Bogus passenger claims;
- Exaggerated or false injury claims; and,
- Bogus credit hire claims.
Presently, Henry is generally instructed in cases of unusual complexity or value, where a fraud ring is suspected or where committal for contempt of court is considered.
Henry’s current caseload includes a wide range of brain injuries, ranging from those involving skull fractures and significant structural brain damage to more subtle brain injuries and post-concussional syndrome. Recent or ongoing claims in which Henry is instructed include:
- Road traffic accidents involving toddlers and children;
- Several young adults with subtle, but significant cognitive or behavioural difficulties as a result of head injuries (some lacking capacity, but others not);
- A middle-aged man with some capacity to return to work, but only with extensive support, missed promotions and substantial lost earnings;
- A number of claims involving important head injuries for the elderly, often with a complex interrelationship with dementia.
Many of these cases arise from road traffic accidents or significant falls. Recent or ongoing cases include:
- Tetraplegia and paraplegia;
- Fractures to the cervical spine causing incomplete spinal cord injury;
- A spinal fracture and SCI sustained when a claimant was dropped by her partner with whom she was dancing in her living room; and,
- Fractures of the spine giving rise to permanent symptoms, without frank spinal cord injury
Henry is very familiar with the particular accommodation and occupational therapy needs of claimants with significant spinal cord injuries.
Henry has a wide experience of cases involving amputation. The following are recent examples:
- Bilateral above-knee amputations as a result of a deliberate attack with a car;
- Many below-knee amputations, often required as a result of road traffic accidents;
- Forequarter (i.e. complete removal of the arm and shoulder joint) amputation;
- Amputation of hands, feet and toes, commonly as a result of industrial accidents.
The role of prosthetics and technology is central to the preparation of these claims. Henry was also instructed in a complex causation case in which a pre-existing amputee suffered a severe injury to his foot, giving rise to substantial claims for care, accommodation and prosthetics.
The particular challenges of representing parties associated with fatal accidents are well known to Henry. He is regularly instructed to prepare complex schedules of loss or counter-schedules in such matters.
Whilst many fatal accidents involve motor vehicle, Henry has also worked on several cases arising out of industrial accidents and industrial disease (particularly mesothelioma)
In recent years, Henry has acted for a significant number of families where young children are left without a parent.
Henry has appeared in many inquests.
High velocity road traffic accidents or those involving pedestrians, can give rise to very severe polytrauma. Henry has much experience of this, helping to co-ordinate the necessary range of specialist medical and other experts.
In recent years, Henry acted for a claimant who negotiated c. 1.2M in relation to a hip injury and recently concluded at a round table meeting a settlement of c. 1.3M for a claimant with nasty bilateral lower limb injuries.
Whilst there is regularly an important psychiatric or neuropsychiatric element to cases involving major physical injury, Henry has also acted in a number of cases where the predominant injury is psychiatric.
These have included:
- A case of extremely severe PTSD following a road traffic accident, which manifested as debilitating obsessive compulsive disorder;
- "Nervous shock” cases in which claimants have witnessed the death or severe injury of loved-ones; and,
- Somatic pain disorders.
"Commercial, tactically superior and always one step ahead of the game." "He comes across very well to the court and is very good in negotiations with the other side as well. He's a very good advocate."
Chambers UK 2019
‘Enthusiastic, passionate and excellent on his feet.’
Legal 500 2019
"Excellent attention to detail and an easy but confident manner with clients." "Client-friendly manner."
"He has great empathy and understanding for clients. If you have someone who is very vulnerable he's just the sort of person to have." "Written work is excellent, he doesn't skip any details."
Chambers UK 2017
‘He has wonderful client-care skills.’
Legal 500 2016
"He has a real talent for clinical negligence. He's knowledgeable and clients find him empathetic and approachable.” "He's very helpful, very bright, and very good at focusing in on what's important.” "He is very good with clients. I want a counsel who I know will be friendly and approachable. He is thorough but caring, and helps to achieve the result I want to achieve." "He has an excellent attention to detail and an easy but confident manner with clients."
Chambers & Partners 2016
Personal Injuries Bar Association
Professional Negligence Bar Association
BA (Hons) Jurisprudence, Worcester College, Oxford University