Kenny Henderson
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.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2005
Qualification
- LLB (2000)
Education
- University of Edinburgh (2000)
1 Contributions by Kenny Henderson
PRACTICE NOTES
EU Consumer Collective Redress under Directive (EU) 2020/1828: Scope, Qualified Entities, Funding, Opt-in/Opt-out, Remedies, Costs and Cross-border Actions
This Practice Note summarises Directive (EU) 2020/1828 (the EU Representative Actions Directive or EU Collective Redress Directive), which provides a mechanism across all EU Member States to safeguard the collective interests of consumers. The legislation is designed to better enable collective proceedings for European consumers and obliges Member States to ensure at least one procedural route that permits qualified entities to bring representative actions not only for injunctive measures but also for effective remedies on consumers’ behalf. This covers claims for compensation for infringements of consumer rights in sectors including financial services, travel and tourism, energy, health, telecommunications and data protection, as permitted under EU or national law. The Directive took effect on 24 December 2020; Member States were required to transpose it by 25 December 2022, and the measures have applied from 25 June 2023. It repealed Directive 2009/22/EC, the EU Injunction Directive, on 25 June 2023.
Background
Under EU law, when consumer legislation is breached, avenues of redress exist that differ between Member States. Consumers can:
ask the seller directly to put matters right
use alternative dispute resolution...
EU Law
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