Patrick Heneghan1 Cop

Patrick Heneghan

Year of Call: 1997
Email Address: [email protected]
Telephone: 020 7583 8055

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Clerks Details

  • Clerk Name: Stephen Evers
  • Clerk Telephone: 020 7583 8055
  • Clerk Email: [email protected]
  • Clerk Name: David Fielder
  • Clerk Telephone: 020 7583 8055
  • Clerk Email: [email protected]

Overview

Patrick Heneghan is an experienced commercial barrister and head of our commercial group.

Patrick has extensive experience of a wide range of commercial disputes ranging from construction to conflict of laws, breach of contract claims to company law disputes and shareholder actions, professional negligence to insurance, partnership disputes to sale of goods and public international law disputes to infringements of competition law.  These disputes cover a wide variety of different industry sectors including construction, energy, oil and gas, mining, electricity generation, finance, trading, ship building, technology, aviation, property development, utilities, fine art, telecoms, sport and pharmaceuticals.  In addition to his experience before the English courts, Patrick has a particular specialism in international arbitration and substantial experience of other dispute resolution mechanisms including adjudication, expert determination, dispute resolution boards and mediation.

Identified as a “rising star” in the Guide to the World’s Leading Experts in Commercial Arbitration, Patrick has been recommended in the leading legal directories including the Legal 500, where he was praised by clients for “achieving results” and providing “technically sound advice”, and Chambers & Partners, where he was described as “superb” and a “quality individual.” Patrick’s work was also recognised in the Financial Times’ “Innovative Lawyers Report" in 2014 where one of his matters was “Highly Commended” in the dispute’s resolution field.

Before joining 3PB, for many years Patrick was a Partner and advocate in the international arbitration and litigation department of a major New York law firm.  More recently Patrick assisted retired High Court Judge Sir William Blackburne with appeals in relation to a high-profile banking remediation scheme arising out of the 2008 financial crisis.

Published extensively, Patrick was the joint-general editor of the 4th edition and 5th editions of Thomson Reuters’ Arbitration World.  He is regularly invited to speak at conferences and symposia.

Patrick accepts appointments as arbitrator, adjudicator and mediator.

Publications and presentations

Recent presentations include:

  • “Adjudication: Does Size Matter?”, 3PB 20th Annual Construction Law Seminar (2023)
  • “What to derive from recent applications concerning derivative claims?”, Thought Leaders 4 Disputes Webinar (2023)
  • “Running a successful arbitration: clauses, procedure, tactics, funding and ATE”, 3PB Bristol Arbitration Seminar in association with the Bristol Law Society (2022)
  • “The Use and Abuse of Expert Witness Evidence”, 3PB 19th Annual Construction Law Seminar (2022)
  • “The Court’s approach to waivers and estoppels, and how to protect yourself contractually”, by Patrick Heneghan of 3PB Barristers (2022)

Publications include:

  • “Adjudication: Does size and/or complexity matter?  The decision in Home Group Limited v MPS Housing Limited [2023] EWHC 1946 (TCC)” (2024) 35 1 Cons.Law
  • General Editor of Arbitration World, 5th Edition, and co-author of the chapter on England and Wales
  • “Expert Determination”, PLC Website
  • “Hot Topic: International Dispute Resolution Involving Russian and CIS Companies”, Corporate Disputes Magazine
  • Overview chapter of "Getting the Deal Through", Private Anti-Trust Litigation, Global Competition Review
  • “Grexit concerns: how to safeguard asset value”, International Finance Law Review
  • General Editor of Arbitration World, 4th Edition, and co-author of the chapter on England and Wales
  • “The Clawback – Can Arbitration Help Greek Bondholders” Gain Redress?”, Legal Week
  • “Competition Law Damages Actions in the EU”, Law and Finance Magazine
  • “Violating the Confessional Seal – Disclosure of leniency materials in competition law damages actions in the EU”, Law and Finance Magazine
  • “Disclosure Question Ripples Both Sides of the pond”, Law 360
  • "Dallah v Pakistan: vive la différence”, Global Arbitration Review
  • “Arbitrator ethics: developments”, Global Arbitration Europe and Middle Eastern Review
  • “Arbitration panel holds the 1994 Energy Charter Treaty protects foreign energy sector investments in former Soviet Union”, Global Arbitration Review

Expertise

  • Construction and engineering
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    Patrick Heneghan has considerable experience of engineering and construction disputes including professional negligence claims.  He is a member of the Technology and Construction Court (“TCC”) Users Committee and regularly advises and acts in relation to disputes arising under the standard form contract suites (including JCT, NEC and FIDIC) and professional engagements (including RIBA PSC, ACE PSA and RICS SFCA).  As well as his experience in the Business and Property Courts in the UK (including the TCC), Patrick has a particular specialisation in international arbitration, acting for clients in variety of seats and under all the major institutional rules.

    Patrick represents clients in adjudications under the 1996 Act and in respect of the enforcement of adjudicator awards.  He also accepts appointments as adjudicator.

    Representative matters include acting for:

    • A housing association in arbitration proceedings under the JCT Construction Industry Model Arbitration Rules concerning a multi-million pound claim against its design and build contractor in relation to defective cladding and other fire safety related matters.
    • The UK subsidiary of a multi-national contractor specialising in the design and construction of sports stadia in an adjudication of a professional negligence claim.  The claim was brought by a championship football club in relation to a multi-million pound project to refurbish a historic stand and construct new facilities at its home ground. The dispute involved consideration of the compliance of the design with the Guide to Safety at Sports Grounds (the “Green Guide”) and included claims for lost ticket sales and revenue from hospitality facilities and other consequential losses.
    • A leading UK architectural practice specialising in social housing in a series of three adjudications against a public authority in relation to various disputes arising out of a multi-million pound project to refurbish and significantly increase the safety and energy efficiency of one of London’s largest and most high-profile social housing estates.
    • A developer in a professional negligence claim against an engineering company in relation to a sewer survey that failed to identify correctly the location of a major sewer crossing a development site.  The sewer was subsequently hit during piling operations causing significant direct and consequential loss.
    • One of the UK’s oldest housing associations in respect of a multi-million pound arbitration claim under the LCIA Rules against a private developer for breach of a joint venture agreement relating to a £120 million project to develop a mixed private and social housing project in London.
    • The owner of a 1.2 GW combined-cycle gas-fired power station, at the time one of the largest non-recourse financed power projects in Europe, against its design and build contractor in ad hoc arbitration proceedings seated in London. The owner successfully claimed significant liquidated damages for delay and defended counterclaims for extensions of time and loss and expense.
    • A US company in an ICC arbitration, seated in Paris, in relation to disputes arising out of a contract for the supply of turbine, generator and associated equipment for the construction of a single-cycle dual-fuel power station in Kuwait. Matters in dispute included whether or not the equipment supplied was in accordance with the contractual requirements and the supplier’s other obligations to ensure that the “back starting” and “black starting” equipment worked at the standard voltage in Kuwait.
    • The British subsidiary of a US company in relation to the wrongful termination of the hire of what was, at the time, the world’s largest harsh environment jack-up rig, the Rowan Gorilla V, due to claims that various pieces of equipment on board were defective and unsafe.
    • A European electricity company in ICC arbitration proceedings in Stockholm in relation to disputes arising under a long-term energy supply and off-take agreement concerning the commissioning of 3 x 400MW turbines and associated performance bonuses.
    • A British engineering company in relation to disputes arising out of the delay and costs incurred by the contractor in meeting employer requirements in relation to the construction of the Tsing Ma Bridge in Hong Kong, one of the world’s longest suspension bridges.
    • An Asian subsidiary of a US company in ICC arbitration proceedings in Singapore in relation to disputes arising from a project to design and build a congestion charging system.
    • One of India’s leading real estate developers in a series of connected LCIA arbitrations seated in London in respect of disputes arising out of a slum rehabilitation development project in India. These disputes included claims that the developer had failed to achieve certain milestones for the project by the stipulated dates as a result of force majeure.
  • Commercial
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    Patrick Heneghan is a senior commercial barrister with a wide-ranging practice encompassing complex company and commercial disputes, often involving multiple jurisdictions and a variety of dispute resolution mechanisms. As head of the commercial group, Patrick brings strategic oversight and deep industry insight to all his instructions, acting in high-value matters across sectors including energy, finance, insurance, and technology. He is known for his robust advocacy, commercial judgment, and cross-border litigation experience.

    He has particular strength in cases involving complex contractual frameworks, shareholder disputes, joint ventures, and professional negligence. His practice frequently brings him before the Business and Property Courts (including the Commercial Court), as well as into international arbitration settings where he has acted under all the major institutional rules. Patrick’s arbitration expertise spans both commercial and investor-state disputes, and he regularly advises clients on cross-border enforcement strategies.

    Areas of Expertise

    • Commercial contractual disputes
    • Insurance coverage and liability disputes
    • Joint venture and partnership disputes
    • Breaches of directors’ duties
    • Shareholder disputes
    • International arbitration (commercial and investor-state)
    • Multi-jurisdictional litigation and enforcement

    Recent and Ongoing Cases

    Commercial Litigation & Dispute Resolution

    • Acting for a UK plc in a multi-million pound dispute involving professional negligence and breach of contract claims against its energy adviser and supplier, linked to hedging strategies during the Ukraine conflict.
    • Representing a supplier in a High Court claim concerning delayed delivery of a luxury vessel, including claims for frustration and counterclaims for non-payment.
    • Acting for a claimant in professional negligence claims against multiple firms of solicitors over the handling of a defective residential property dispute.
    • Advising a technology provider in a licensing dispute involving breach of contract and confidentiality during a competitive bid process.
    • Representing a local authority in a fraud claim against a COVID-era service provider.
    • Advising insurers in a group action involving alleged anti-competitive conduct in the tech sector related to web display advertising.
    • Acting for an African airline in aircraft lease disputes involving delayed redelivery and the market impact on aircraft value.
    • Representing an international auction house in a high-profile professional negligence claim relating to the misattribution of an Old Master painting.
    • Advising a leading bank in recovery action involving cross-border freezing orders and enforcement proceedings in Jersey, the BVI, and the U.S.

    International Arbitration

    • Representing a global industrial company in Johannesburg-seated arbitration and investor-state proceedings over iron ore mine expropriation in Africa.
    • Acting for respondent shareholders in LCIA arbitration involving control of a titanium producer, with related injunctions in the BVI and proceedings in multiple jurisdictions.
    • Advising a major Indian real estate developer in London-seated LCIA arbitrations regarding a slum rehabilitation project.
    • Representing Eastern European minority shareholders in LCIA arbitration and related litigation concerning diverted corporate opportunities.
    • Acting for pharmaceutical companies in Bermuda Form coverage disputes under New York and English law relating to various drugs and clinical trials.
    • Representing affiliated Asian energy companies in Hong Kong ICC arbitrations concerning long-term take-or-pay gas contracts and force majeure claims.
    • Advising bondholders in treaty arbitration and ICC arbitration over political risk insurance claims in Latin America.
    • Acting for a European electricity provider in ICC arbitration in Stockholm under a long-term supply agreement.
    • Representing an African energy company in Geneva-seated UNCITRAL arbitrations on LNG pricing reviews and market manipulation.
    • Acting for a US energy company in Paris-seated ICC arbitration involving a dual-fuel power station supply contract in the Middle East.
  • Recommendations

    Mr. Heneghan has been identified as a “rising star” in the Guide to the World’s Leading Experts in Commercial Arbitration (2013) and as “up and coming” in Chambers UK (2015). He is also recommended in both The Legal 500, where he is praised by clients for “achieving results” (2012) and providing “technically sound advice” (2013), and Chambers UK, in which he is described as “superb” (2013) and a “quality individual” (2015).

    His work was recently recognised in the Financial Times’ “Innovative Lawyers 2014” report where one of his matters was “Highly Commended” in the Disputes Resolution field.  He is also acknowledged by The American Lawyer as having participated in one of the highest-value international arbitrations of recent years.

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