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Miguel A. R-C. Henderson

Pupil

Year of call: 2018

Miguel A. R-C. Henderson

Miguel joined Hardwicke in January 2021 after a pupillage focussed on a broad range of commercial work. He is building a practice across various areas of commercial law, focussing chiefly on commercial dispute resolution, insurance and reinsurance, civil fraud, and more general commercial disputes. He has experience appearing before Tribunals as part of the Free Representation Unit and has gained substantial experience mooting at an international level. Prior to joining Hardwicke, Miguel spent three months as a Judicial Assistant in the Commercial Court.

Before he became a barrister, Miguel lived and worked in Germany and Japan. He has a keen interest in Japanese language and culture and has passed the Japanese Language Proficiency Test (JLPT N3).

Commercial Dispute Resolution

Miguel has experience (as a pupil) assisting in a range of commercial disputes. His recent work has included:

  • Assisting on an advice on the merits of a defence of undue influence in disputes arising out of the fraudulent use of single purpose vehicles by their beneficial owners;
  • Assisting in the conduct of committal proceedings in the High Court;
  • Assisting on an advice on the measure of damages for breaches of warranties in Share Purchase Agreements;
  • Assisting in applications, drafting pleadings for, and researching the availability of Worldwide Freezing Orders;
  • Assisting on an advice in an arbitration concerning the construction of luxury yachts;
  • Assisting on an advice on disputes under a patent agreement;
  • Assisting on an advice on the construction of a settlement agreement.

Professional Liability

Miguel has experience (as a pupil), assisting in claims against professionals and/or arising out of the provision of services. Examples include:

  • Assisting on an advice on speculative proceedings against an investment back in negligence;
  • Assisting on an advice on the recoverability of certain heads of damage in a claim against negligent auditors;
  • Assisting on an advice on matters relating to the existence of a duty of care.

International

Miguel has experience (as a pupil) on a range of disputes on conflict of laws. He has assisted on a range of issues in cross-border disputes. Examples include:

  • Advising on the governing law and the validity of an agreement to arbitrate in international arbitration proceedings;
  • Assisting on an advice on the availability of anti-suit injunctions in the context of international arbitrations;
  • Assisting in claims concerned with the application of the Brussels Recast Regulation (Regulation (EU) No. 1215/2012) and the applicability of English Common Law conflict of laws principles.

Insurance

Miguel has experience (as a pupil) assisting on a range of insurance-related matters. Examples include:

  • Assisting on an advice on the recoverability of fines imposed by the Information Commissioner pursuant to her powers under the GDPR under insurance policies;
  • Extensively researching into business interruption insurance policies and claims for business interruption arising out of the current COVID-19 pandemic;
  • Assisting on marine insurance disputes concerning the scope and application of Inchmaree clauses, seaworthiness, waiver by estoppel, and broader considerations under the Marine Insurance Act.
  • Assisting on an advice on the effect of threshold wording in notification provisions in an excess layer insurance policy;
  • Assisting on an advice on material non-disclosures and misrepresentation under the Insurance Act 2015 in the context of a reinsurance policy.

Shipping & International Trade

Miguel has experience (as a pupil) assisting in disputes relating to marine vessels and contracts of carriage. Examples include:

  • Drafting advice on the correct measure and assessment of damages in a breach of charterparty claim;
  • Drafting advice on breaches of warranties in an international sales agreement;
  • Assisting in various disputes safe port warranties and sea- and cargo-worthiness;
  • Drafting claims against multiple parties under both time and voyage charterparty disputes.

Qualifications

  • BA, German, First Class (Keble College, Oxford)
  • GDL, Distinction (City Law School)
  • BPTC, Very Competent (City Law School)

Scholarships, Awards & Prizes

  • Major Scholarship BPTC Award (Inner Temple)
  • Major Scholarship GDL Award (Inner Temple)
  • Keble Scholarship (Keble College, Oxford)
  • Winner of the European Law Moot Court Competition (ELMC), 2017
  • Winner of Telders International Law Moot National (UK) Finals, 2018

Languages

  • English (native)
  • Spanish (native)
  • German (near-native fluency)

Miguel has a working knowledge of all three languages and can accept instructions in these languages.

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