Harry Hodgkin (1983) LLB

Membership Status: Arbitrator, Barrister - Full Member

General Information

HEAD OF CHAMBERS

BARRISTER, MEDIATOR

Harry has a broad commercial and civil litigation practice. He is an experienced High Court advocate and draftsman of commercial, contractual and property transactions. 

He co-founder of Clerksroom and Head of Chambers.

He acts in cases of varying sizes and complexity ranging from high value commercial actions to smaller trials and applications. 

He is a team player who enjoys working with lay and professional clients to identify and resolve problems in a way that is best suited to the client's needs.

He speaks plainly, adopts a confident and pragmatic approach to cases, prepares cases assiduously and is an effective and well-established senior advocate.

A company director himself, Harry understands the mechanics of business and deal-making.  

On a personal level, Harry is married and enjoys being Dad. In his spare time he paints, goes mountain walking with his dogs, and studies ancient history. He loves opera and baseball. 

Work undertaken:

Some recent highlights include:

Valbonne Estates Ltd v Cityvalue Ltd and United Homes Ltd [2021] EWHC 544 (Ch): application before Bacon, J to set aside a proprietary injunction on grounds of misrepresentation and non-disclosure.

Feedback

“Harry [Hodgkin] took on our brief and responded quickly with all the skill and expertise required. He was quick to appreciate and deal with the commercial issues involved, which were of paramount importance to us. ”

Matthew Somervell, Finance Director Morgan Law Partners LLP

“I have instructed Harry [Hodgkin] for a number of years. He is an excellent advocate with great courtroom presence. However, it is Harry's work outside court that particularly sets him apart. He is very quick to grasp the legal and factual issues. His rapid and accurate assessment of practical and commercial considerations allows cases to progress on a realistic and sound footing with an increased likelihood of settlement. He is accessible and personable both with professional and lay clients. ”

David Brown, Partner Wartnaby Hefford

“Harry Hodgkin's extensive knowledge of the law, applied to the highest professional standard, has enabled me to take my commercial litigation practice to new levels. Harry has that rare ability of being able to dissect the most daunting legal issue, and make it appear effortless. ”

Peter Beckerley, Managing Director Rausa Mumford

“Harry Hodgkin represented one party in a difficult mediation in an exemplary manner. A settlement of the complicated dispute followed as a result of his helpful, sensible and practical approach. ”

Sir Peter Cresswell Retired Judge acting as mediator

“Harry [Hodgkin] did a fantastic job on our behalf. We were amazed how he managed to get his head around all the facts in such a short time scale.”

D.P. Public Access client

Publications

Valbonne Estates Ltd v Cityvalue Ltd and United Homes Ltd [2021] EWHC 544 (Ch): application before Bacon, J to set aside a proprietary injunction on grounds of misrepresentation and non-disclosure.

Hakimzay Ltd v Swailes [2015] EWHC B14 (Ch) (25 February 2015) (Bailii).

Comment

The effect of serving a notice to complete and making time of the essence of the contract can be misunderstood, as this case illustrates. Service of a notice to complete does not make time of the essence on an ongoing basis. Service of a notice to complete fixes a date for performance. Failure to perform by the date that has been fixed constitutes a repudiatory breach of contract. The innocent party can elect not to accept that repudiation and so the contract continues. The basis of that non-acceptance may be that a new date for completion is agreed. Whether time is of the essence in relation to that new date will depend on the facts and the basis upon which the new date is agreed. The defaulting party cannot unilaterally re-write the terms of the agreement, for example, by offering late performance.

Harry Hodgkin (1983)

phone01823 247 247

hodgkin@clerksroom.com

Qualified in 1983