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Portrait of Kenny Henderson

Kenny Henderson

Partner

Contact
CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages English

Kenny Henderson is an experienced litigator who represents sophisticated and blue chip clients in high stakes disputes, frequently with a multi-jurisdictional element. He is solutions-oriented, and deploys litigation strategies tailored to deliver commercial objectives. He has particular expertise in regulated sectors, including pharmaceutical and technology claims.

Kenny has acted on many of the highest profile follow-on claims issued in Europe to date. Unusually, he has led matters both on the claimant and the defendant side. He is also active in the developing area of class and group actions, counselling clients both in defending claims and also on strategies for reducing overall exposure in opt-out and opt-in collective proceedings.

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"A favourite among clients, who describe him as 'both a very effective and impressive litigator, and an excellent lawyer'. Furthermore, he is 'responsive and always seeks to advance his clients' interests, as aggressively as appropriate'."

Who’s Who Legal

Kenny Henderson possesses ‘excellent judgement’, and is well versed at representing blue-chip clients in multi-jurisdictional proceedings.

Who’s Who Legal

"[he] has the ability to make complex things understandable."

Chambers and Partners

"able to use his knowledge and experience to cut through the issues."

Chambers and Partners

"[he is] resourceful [and has] vast cross sectoral experience."

Legal 500

Relevant experience

  • A global electronics company in defending high profile follow-on damages claims across a range of alleged cross border infringements.
  • Household name companies in recovering losses incurred by the anticompetitive behaviour of indirect suppliers.
  • A global pharmaceutical company in a licensing dispute, concerning the life cycle management of a key product.
  • A technology company in a dispute concerning access to business-critical computer source code.
  • A range of clients in seeking and defending urgent interim relief.
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Publications

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Education

2000 – Law, LL.B., University of Edinburgh, Edinburgh

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12/05/2022
10 key as­pects of the re­vised EU com­pet­i­tion law in the field of dis­tri­bu­tion...
The new Ver­tic­al Block Ex­emp­tion Reg­u­la­tion (VBER) and the new ac­com­pa­ny­ing Ver­tic­al Guidelines (VGL) were pub­lished on 10 May 2022. The new VBER will enter in­to force on 1 June 2022 and ap­ply for the next twelve years. The new VBER/VGL in­tro­duce sev

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06/05/2022
Class Ac­tions Law Re­view, 6th Edi­tion 2022: Scot­land
Class ac­tions and ma­jor group lit­ig­a­tion can be seis­mic events, not only for the parties in­volved but also for whole in­dus­tries and parts of so­ci­ety. That po­ten­tial im­pact means they are one of the few...
08/04/2022
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence – a step...
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence (the “CSDD Pro­pos­al”), pub­lished on 23 Feb­ru­ary 2022, aims to im­pose ob­lig­a­tions on com­pan­ies, their sub­si­di­ar­ies and their value chains...
10/02/2022
Scot­tish court re­fuses ap­plic­a­tion by in­struc­ted law­yers to act as the...
In­tro­duc­tion In Ju­ly 2020, a new class ac­tion pro­ced­ure, termed “group pro­ced­ure” came in­to ef­fect in Scot­land (see our pre­vi­ous art­icles here and here). The first re­por­ted de­cision on Scot­tish group...
09/02/2022
Class ac­tions in Eng­land and Wales
See the Over­view of the Rep­res­ent­at­ive Ac­tions Dir­ect­ive >> 1. Do you have a spe­cif­ic pro­ced­ure or pro­ced­ures for bring­ing “opt-in” class ac­tions?  If so, please out­line such pro­ced­ure(s) and...
Comparable
10/11/2021
Google de­feats Lloyd’s claim - but Su­preme Court breathes new life in­to...
Sum­mary In a highly an­ti­cip­ated judg­ment, the UK Su­preme Court today put an end to a class ac­tion against Google seek­ing dam­ages al­legedly in the re­gion of £3 bil­lion. The judg­ment has wide sig­ni­fic­ance...
14/09/2021
Com­pet­i­tion Ap­peal Tribunal strikes out ab­use of dom­in­ance claim
On 7 Septem­ber 2021, the Com­pet­i­tion Ap­peal Tribunal handed down judg­ment in For­rest Fresh Foods (FFF) v Coca-Cola European Part­ners Lim­ited (CCEP) [2021] CAT 29, strik­ing out FFF’s claim in its en­tirety...
10/09/2021
Sus­tain­Ab­il­ity Au­gust 2021
Sus­tain­Ab­il­ity is a new, reg­u­lar up­date from CMS high­light­ing how we can help you ad­dress cli­mate change and ESG is­sues. Each edi­tion will in­clude four or five key top­ics which or­gan­isa­tions should con­sider...
20/08/2021
A new era: the UK cer­ti­fies an opt-out com­pet­i­tion class ac­tion for the...
In­tro­duc­tion In a sig­ni­fic­ant case for the UK’s com­pet­i­tion class ac­tion re­gime, the Com­pet­i­tion Ap­peal Tribunal (CAT) has cer­ti­fied (sub­ject to one con­di­tion) an opt-out col­lect­ive claim brought by...
03/08/2021
High Court nar­rows the scope of data breach claims – wel­come news for cor­por­ates
On Fri­day 30 Ju­ly the High Court handed down an im­port­ant judg­ment for busi­nesses at risk of lit­ig­a­tion fol­low­ing ac­ci­dent­al data breaches. This is an in­creas­ingly pre­val­ent is­sue. In March this year...
01/12/2021
Dis­putes 101 - Com­pet­i­tion Dis­putes & Com­pet­i­tion Class Ac­tions
Wel­come to the Dis­putes 101: CMS Au­tumn We­bin­ar Series This series will take place over 11 weeks, every Wed­nes­day from 8 Septem­ber – 1 Decem­ber 2021 at 2-3pm. Part­ners and as­so­ci­ates from CMS’ lit­ig­a­tion...
01/12/2021
Dis­putes 101: CMS Au­tumn We­bin­ar Series 2021
Wel­come to the Dis­putes 101: CMS Au­tumn We­bin­ar Series 2021 This series ori­gin­ally took place over 11 weeks, every Wed­nes­day from 8 Septem­ber – 1 Decem­ber 2021 at 2-3pm. Part­ners and as­so­ci­ates from...
28/07/2021
Class ac­tion risk for the in­sur­ance in­dustry
The num­ber of class ac­tions be­ing filed in Europe is show­ing a re­lent­less up­ward trend with a 120% growth between 2018 and 2020. Drivers be­hind this growth in­clude new pro­ced­ur­al devices, in­creas­ingly...