Henry Knox Call 2000; MA (Hons) Edin; Ph.D (Edin) E-mail: hknox@3vb.com

Henry Knox specialises in commercial litigation, banking and financial services, commercial fraud and asset recovery, professional negligence and insolvency. He has experience with and without leaders in the Court of Appeal and High Court as well as in arbitrations. Also acts regularly in trials and applications in the County Courts.

• Current and recent cases include disputes relating to: the supply of allegedly defective electrical connection systems for the automotive industry; breach of warranty in share purchase agreement; partnership/joint venture for the supply of medical services; entitlement to Judgments Act interest on New York Convention arbitration awards and a multinational dispute relating to development of oil fields off West Africa.
  
  
Kensington International Limited v Republic of Congo/Vitol Services Limited [2008] 1 Lloyd's Rep 161 (CA); [2007] 2 Lloyd's Rep. 382 (Gross J): Acted for and advised judgment creditor in this and a series of enforcement proceedings in 2005-08 in UK and other jurisdictions relating to a judgment debt worth in the region of $110m. Search orders, freezing orders, Norwich Pharmacal disclosure, third party debt orders, charging orders, injunctions and interim relief under s. 25 CJJA 1982.


• Hands v Morrison Construction Services Limited [2006] EWHC 2018 (Ch), (Briggs J, Lawtel No. AC 9100910): Pre-action disclosure in relation to lost investment in Rockingham Speedway.
  
  
• Oracle Fund: Acted in multi-million pound litigation arising out of the collapse of the Oracle Fund and concerning the establishment and operation of a collective investment scheme (High Court, Isle of Man, 2005).
  
  
• Arbitrations: Acted in ICC and LCIA arbitrations in various contractual disputes including in relation to a Saudi Arabian construction project; the supply and installation of telecommunication equipment; the supply of expert consulting and support services.
  

• Currently acting for Italian bank in relation to fraud claims arising from interest rate swaps, self-referencing credit linked notes and floating rate notes utilised in a securitisation.
  
  
• Kensington International Limited v Republic of Congo/Vitol Services Limited [2008] 1 Lloyd's Rep 161 (CA); [2007] 2 Lloyd's Rep. 382 (Gross J): Norwich Pharmacal proceedings raising allegations of bribery and issues of privilege against self-incrimination, scope of s.13, Fraud Act 2006. Series of Disputes with major oil traders involving allegations of knowing participation in dishonest judgment proofing schemes, bribery/corruption.
  
  
• S.F.I.T. v Lefebvre [2004] All ER D 94: discharge of worldwide freezing order granted in support of Italian proceedings involving tens of millions of euros; issues of inexpediency under s. 25 CJJA 1982.
  
  
• Couwenbergh v Valkova [2004] EWCA Civ 676 (2004) CP Rep. 38: Taylor v Lawrence application to re-open previous decision of Court of Appeal, involving allegations of forgery and deceit.

Banking and financial services

Regularly acts for and advises domestic and international banks and other lenders, financial institutions and their customers including in relation to derivatives (futures, swaps and options), corporate lending, documentary credits, guarantees and performance bonds, fixed and floating charges, mortgages, bank payments (cheques, BACS, CHAPS etc), lease finance and factoring, the operation of accounts (fraud and breach of mandate disputes) and negligent advice. Recent experience also includes:

• Acting for Italian bank in relation to fraud claims arising from interest rate swaps, self-referencing credit linked notes and floating rate notes utilised in a securitisation.
  
  
• Advising on regulatory requirements under FSMA 2000 and associated regulations, UK Listing Authority Rules (Listing, Prospectus, Disclosure and Transparency) in connection with EMTN Programme.
  
  
• Spread betting: acted and advised in relation to a variety of disputes between spread betting businesses and their customers and associated regulatory issues including claims for damages under FSMA 2000 for breaches of the Conduct of Business Rules and challenges to the validity of contractual terms.
  

Professional Negligence

Acts and advises in a broad range of professional negligence matters including claims against barristers, solicitors, fund managers and financial advisors, surveyors/valuers, architects, engineers and other construction professionals, insurance brokers. Recent experience includes:

• claims against Guernsey-based insurance intermediary relating to geared investments in traded endowment policies.
  
  
• claims against administrators and investment managers of various mutual funds based in Cayman and Isle of Man.

• COMBAR
• London Common Law and Commercial Bar Association
  

• Current developments in commercial fraud
• Pre-action disclosure/Norwich Pharmacal relief
• Administrators: judicial and extra judicial appointment