Paul is an experienced Commercial practitioner in the fields of Shipping, Energy, Aviation, Commodities and International Trade.
He has been recommended in the directories for many years (Chambers UK, Chambers Global, Legal 500 UK, Legal 500 Asia Pacific and Who’s Who Legal). He is ranked band 1 for Shipping in both Chambers UK and Legal 500 UK.
He was awarded the Legal 500 Junior Barrister of the Year 2024 for Shipping, Commodities and Aviation.
Chambers UK 2025 remarks that: “Paul Henton's detail under extreme pressure is extremely impressive. He gives off an air of academia, but when it comes to cross-examination he's lethal and fantastic”.
In other recent directory editions he is described as “very assured and [having] an incredible eye for detail”; “ reliable, very clever, bright and available… an impressive junior. (Chambers UK 2025, Shipping & Commodities, band 1); “very user-friendly and happy to assist in all aspects of a case… very strong technically and in writing” (Legal 500 UK 2025, Shipping, band 1); “very clear and concise in putting forward his client’s position, which he does with the right degree of force (Legal 500 2025, Commodities); “very good both in drafting and on his feet… approachable and engaged while proceedings are underway” (Legal 500 2025, Energy); “very efficient and effective in his approach. Quick turnaround times and very thorough on the detail. He gives very clear and concise advice on the complex issues which turn a case”” (Legal 500 2023, Aviation).
Paul has been instructed at all levels of the Court system, including the Court of Appeal, Privy Council and Supreme Court. His first instance Court work is primarily in the Commercial and Admiralty divisions; but he has also appeared in the Chancery Division, Companies Court and Mercantile Courts. He frequently acts in interlocutory matters such as injunctions (Mareva, anti-suit, LOI injunctions, etc.), jurisdictional challenges and summary judgment hearings.
A sizeable proportion of his work is in International Commercial or Maritime Arbitration. He has appeared in arbitrations under ICC, LCIA, LMAA and a host of institutional Rules, and frequently acts in related appeals/challenges to arbitration awards (see e.g. OAO Northern Shipping Co v Remolcadores de Marin SL [2007] 2 Lloyd’s Rep 302 (s. 68); the “Cenk Kapitanoglu” [2012] 1 Lloyd's Rep 501 (s. 69), and S v A & B [2016] EWHC 846 (Comm) (s. 80(5), 68 and 69). He also acts as an advocate at mediations.
Paul also accepts appointments as an arbitrator.
His recent and reported Court work includes (for example):
- Maersk Guinea-Bissau SARL v Almar-Hum Bubacar Balde SARL [2024] LMLN 2/8/24, [2024] EWHC 993 (Comm): Sole advocate for Maersk entities claiming damages and declaratory relief for breaches of exclusive jurisdiction clause. Believed to be the first reported example of a contractual carrier’s local affiliate being given permission to enforce a Himalaya clause in its favour (distinguishing the Privy Council decision in The “Mahkutai” [1996] A.C. 650). Judgment also addresses principles of res judicata where overseas proceedings affected by lack of due process.
- Vitol SA v JE Energy Ltd [2023] 1 Lloyd’s Rep 558: Sole Counsel for Vitol in c. US$4 million Commercial Court trial arising from disputed termination of international sale contract of fuel oil on FOB Ghana terms. Obligations of FOB Buyer as regards vessel nomination and letter of credit opening. Meaning of “laycan” when used in context of FOB sale. Solely instructed for successful sellers.
- Havila Kystruten A.S. v Abarca Companhia De Seguros S.A.; Hijos de J Barreras S.A. v Havila Kystruten A.S. [2022] EWHC 3196 (Comm): Sole Counsel for the shipyard in a heavy Commercial Court trial arising out of the disputed termination of a shipbuilding contract and claims under associated refund security.
- First City Monument Bank Plc v Zumax Nigeria Ltd [2022] EWHC 2885 (Ch): Junior Counsel for Defendant bank in proceedings pleaded at US$200 million+ in respect of allegedly misappropriated international bank transfers. Successfully striking out action as abuse of process. (Previously in Court of Appeal successfully overturned judgment on the issue of whether the funds were impressed with trusts/equitable obligations: [2019] EWCA Civ 294; and on remission obtaining orders debarring the Claimant from prosecuting its remaining claims against the Bank: [2020] EWHC 1852 (Ch)).
- Maersk A/S v Mercuria Energy Trading SA [2022] 2 Lloyd's Rep 95: Junior Counsel for Maersk in anti-suit injunction (ASI) proceedings relating to an alleged US$42.5 million container fraud in Turkey. Principles applicable to allegations of delay/lack of promptness; relevance to Court’s discretion of unprotected time-bars; principles applicable to "conditional" injunctions; relevance of forum non conveniens factors to contractual and quasi-contractual ASIs Junior Counsel for successful Claimant.
- The Ever Given Admlty Court, ongoing- Junior Counsel for the Charterers in US$85 million limitation proceedings arising out of well-publicised grounding in the Suez Canal.
- Trans-Tec International SRL & Anr v m/v “Columbus” and m/v “Vasco da Gama” [2021] 2 Lloyd’s Rep 323: Sole Counsel for fuel suppliers bringing c. US$4.5 million Admiralty Court claims in rem against arrested Vessels/proceeds of sale. Interpretation of s. 20(2) Senior Courts Act 1981. Recoverability of contractual interest and administrative fees in rem. Whether package of contractual terms may be sub-divided into constituent elements for claims characterisation purposes.
- Heiser v Iran [2020] EWHC 3757 (QB); [2019] EWHC 2073 (QB); [2019] EWHC 2398 (QB): Junior Counsel for Iran, successfully resisting proceedings for enforcement of foreign judgments valued at over US$600m on grounds of State Immunity. Subsequently instructed as sole counsel resisting in part applications for variation of costs orders pending conclusion of OFAC license proceedings in the US.
- Nautical Challenge Ltd (“Alexandra 1”) v Evergreen Marine (UK) Ltd (“Ever Smart”) [2019] 1 Lloyd's Rep. 543 (Baker J): Junior Counsel in quantum proceedings arising out of a collision in the narrow channel off Jebel Ali. Recoverability of heads of loss allegedly exacerbated by inability to finance repairs/profitable trading following a collision. Resisted claims pleaded at c. US$50 million; net judgment ultimately entered for c. US$8 million.
- Progress Bulk Carriers Ltd v Tube City IMS LLC [2012] 1 Lloyd’s Rep 501: Thought to be the first reported example of a finding of “lawful act” economic duress in the shipping and commercial context. Set down principles on “lawful act duress” which the Supreme Court has since endorsed.
Paul’s largest cases (by value) typically arise in international arbitration. Some recent examples are as follows:
- LMAA Arbitration: Disputed termination of long term Contract of Affreightment (COA). Issues included applicability of liquidated damages clauses to unlifted contractual volumes. Sole Counsel for Claimant Owners. Substantial Award obtained (7-figure sum).
- Concurrent London/Singapore arbitrations: Led the Counsel team for Owners in complex, long-running, triple-handed arbitrations arising out of engine damage and subsequent grounding of a laden vessel at sea and subsequent grounding of Vessel on a reef. Unusual concurrency orders made despite two different arbitral seats.
- LMAA arbitration: Acting for Owners in voyage charter dispute re. allocation of responsibility for delays transiting Straits separating Russia from Crimea. Substantial Award obtained (7-figure sum).
- LMAA Arbitration: Sole Counsel for Sellers at final hearing of LMAA arbitration under a Memorandum of Agreement (MOA) for the sale of a liquefied natural gas (LNG) carrier to be broken up for scrap. Allegations that the MOA was induced by misrepresentation. All claims successfully resisted.
- Ad hoc arbitration: Junior Counsel for Owners at a c.US$50 million unsafe port dispute relating to a grounding at an upriver port in South America.
- LCIA arbitration: Lead junior in a team of counsel representing the operators in a c. US$250 million long-running FPSO refurbishment dispute involving late-delivery of an incomplete FPSO.
- ICC Arbitration: Solely instructed at a final hearing for a commodities giant under a services agreement for exploitation of minerals in Southern Africa. Substantial Award obtained
- LCIA arbitration: Solely instructed to for transporters of oversized/heavylift cargoes of separation equipment and convection boxes for use in oil processing. Substantial Award obtained