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Henry Day

| Call 2011

Profile: Overview

Henry joined Radcliffe in 2012. His practice spans chambers' main areas of expertise, with a particular focus on pensions, financial services and private client work. He holds a double first class BA in Classics from the University of Oxford and a PhD in Latin and Greek literature from the University of Cambridge. A major scholar of Lincoln’s Inn, he was classed as Outstanding at Bar School, ranking as one of the top ten students in his year.


Experience and Expertise

Henry undertook pupillage at Radcliffe, where his pupil masters were Mark Mullen, Elizabeth Ovey, Marcus Flavin and William Moffett.

Since commencing practice, Henry has been instructed to appear in the Court of Appeal, the High Court and the County Court, and to provide advisory and drafting services, in relation to a wide range of traditional and commercial Chancery matters, including: claims relating to the establishment, validity, administration and breach of trusts; probate proceedings and claims under the Inheritance (Provision for Family and Dependants) Act 1975; mortgage possession actions; landlord and tenant disputes and other real property claims; bankruptcy petitions; corporate insolvency; claims for breach of contract; and related professional liability issues. Henry also accepts instructions in relation to proceedings in the Court of Protection.

Henry has a particular interest in pensions and financial services law. In 2015 he was seconded to Eversheds' Financial Services Disputes and Investigations department in London, where he assisted the pensions litigation and regulatory teams, and in 2013 spent nine months on secondment to the Financial Conduct Authority's General Counsel Division, where he advised on a range of supervisory and policy issues, including a number of pensions matters. He continues to develop his pensions and financial services practices in chambers, both as junior and sole counsel.


Cases and Work Of Note





Henry is an editor of Wurtzburg & Mills on Building Society Law, which he co-edits with Malcolm Waters QC, Elizabeth Ovey and Mark Fell.

'Construction and rectification in the context of a family deed of trust': article for LexisPSL Private Client (September 2018) on the decision in Millar and Pearson v Millar [2018] EWHC 1926 (Ch) and the proper approach to the construction and rectification of a unilateral instrument.

'Pension trustees and the exercise of discretionary powers': article for LexisPSL Pensions (June 2017) on the High Court's decision in British Airways plc v Airways Pension Scheme Trustee Ltd [2017] EWHC 1191 (Ch), considering: the correct approach to trustee decision-making; the requirements for successfully challenging a trustee decision; the construction of pension scheme documentation; the purpose of a pension scheme; and the purpose and scope of scheme powers of amendment.

'What constitutes a "material change" to RPI?': article for LexisPSL Pensions (May 2017) on the High Court's decision in Thales UK Ltd v Thales Pension Trustees Ltd [2017] EWHC 666 (Ch), considering the correct approach to the construction of a pension scheme's indexation and revaluation provisions and the development of and differences between RPI and CPI.

'Liability arising from unauthorised payments under FA 2004': article for LexisPSL Pensions (March 2017) on the Upper Tribunal's decision in Commissioners for HM Revenue & Customs v Sippchoice Ltd [2017] UKUT 87 (TCC), considering when a pension scheme administrator is liable to a scheme sanction charge under section 239 of the Finance Act 2004.

'The great RPI v CPI debate - clarity at last?': article for LexisPSL Pensions (November 2016) on the Court of Appeal's decision in Barnardo’s & Ors v Buckinghamshire & Ors [2016] EWCA Civ 1064 as to the meaning of the defined term "Retail Prices Index" in the Rules of the Barnardo's Staff Pension Scheme and the effect of section 67 of the Pensions Act 1995.

'Auto-enrolment - guidance on when travelling workers are considered based in Great Britain': article for LexisPSL Pensions (January 2016) on the decision in R (on the application of Fleet Maritime Services (Bermuda) Ltd) v Pensions Regulator [2015] EWHC 3744 (Admin) and the territorial scope of the Pensions Act 2008.

'Setting things straight on rectification proceedings': article for LexisPSL Pensions (December 2015) on the decision in Re BCA Pension Plan [2015] EWHC 3492 (Ch) and use of the section 48 procedure under the Administration of Justice Act 1985 as a potential alternative to construction or rectification proceedings.



Henry read Classics at Merton College, Oxford, where he was made a college scholar and won numerous college prizes before graduating in 2003 with a Double First. He stayed on at Merton to study for an MSt in Classical Languages and Literature, in which he received a Distinction.

Henry subsequently completed a PhD on the classical Roman poet Lucan at Trinity College, Cambridge, funded by a full doctoral scholarship from the Arts and Humanities Research Council. In the course of his PhD, Henry won several faculty studentships and was also awarded a scholarship from the Deutscher Akademischer Austausch Dienst, allowing him to conduct additional research at the Freie Universität Berlin. Henry’s doctoral thesis has been published by Cambridge University Press as a monograph entitled Lucan and the Sublime (2013).

After converting to law in 2010, Henry undertook his Bar Professional Training Course at City Law School, on which he was graded Outstanding, winning the school's Everard Ver Heyden Foundation Prize. He was called to the Bar by Lincoln’s Inn in October 2011 and is a recipient of the Inn’s major CPE and BPTC awards, the Lord Bowen and Lord Mansfield scholarships, as well as a Hardwicke Entrance Award and a Buchanan Prize for his performance in Bar Finals.



Association of Pension Lawyers, ConTrA - The Contentious Trusts Association, Financial Services Lawyers Association, Chancery Bar Association, Lincoln's Inn.


On a Personal Note

Before coming to the Bar, alongside his academic studies, Henry taught Latin language and literature at the universities of Oxford and Cambridge and at Birkbeck, University of London. He has also previously worked as an editorial consultant at the London Review of Books.

Henry maintains his Classical and literary interests and speaks basic German, Italian and French.


Other Details

Bar Membership Number: 21370

VAT Registration Number: 166 0800 21


For More Information

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Chambers 2019

Henry Day
"Intelligent, personable, user-friendly and easy to work with. He knows how to work seamlessly side by side with solicitors, which is a great asset."

Chambers UK, 2019