Henna Nikita Sanghvi
Associate
Henna is a litigator with a focus on civil, commercial and regulatory enforcement matters.
She has been involved in a broad range of contentious matters, including commercial and contractual disputes, capital markets and securities litigation, defamation actions, energy law disputes, land disputes and debt recovery. She has also acted in construction disputes.
In addition, she also has experience advising multinational clients on personal data protection law, employment law, anti-money laundering and anti-terrorism financing, anti-corruption compliance, and occupational safety and health regulations in Malaysia.
Henna graduated from the University of Manchester with First Class Honours.
Key Practice Areas
Civil and Commercial Litigation
- Represented a multinational airline company against an online news portal in a defamation claim involving allegations of impropriety in obtaining, and misuse of, government-linked funding; obtained an interim injunction and later, a public apology.
- Assisted counsel in successfully defending a statutory utility provider in a land trespass appeal on issues of damages, scope of encroachment and liability period.
- Acted as junior counsel for a housing developer in a contractor termination dispute arising from cancellation of rock blasting licences; successfully challenged the contractor’s reliance on frustration on the basis that it was self-induced, resulting in a favourable settlement.
- Assisted in acting for a respondent in a CIPAA 2012 adjudication, successfully resisting a payment claim involving issues of architect over-certification and contractual set-off.
- Advised a financial services provider on termination of a senior employee for anonymously disclosing confidential information and publishing defamatory statements.
- Defended a public utility company in a RM100 million arbitration claim for alleged breach of PWD Contract concerning construction of a water treatment plant.
- Acted as junior counsel in a claim for repayment of an alleged loan and lodgement of a private caveat against the client’s hotel; claim dismissed as time-barred and unsupported by any contractual basis, and the caveat removed as unlawfully lodged.
Regulatory Enforcement
- Assisted counsel in insider trading proceedings involving issues of whether inside information was generally available, the timing and plausibility of alleged disclosures, and the evidential threshold for establishing tipper-tippee liability.
- Assisted counsel in appellate proceedings in an insider trading claim, including issues such as whether audit queries could amount to “inside information”, and the requirements for establishing possession, timing and benefit under securities laws.
Aviation Law Disputes
- Successfully defended an airline company against claims for damages arising from flight cancellations.
Corporate and Shareholder Disputes
- Advised a Malaysian multinational bank on feasibility of actions against its directors of its foreign subsidiary for breach of fiduciary duties, regulatory breaches and kickback allegations of approximately USD$1 million.
- Represented a closed-end fund in a dispute on the interpretation of regulatory guidelines and securities laws for closed-end funds on maximum shareholding limits.
Qualifications and Professional Affiliations
Qualifications
- Advocate & Solicitor, High Court of Malaya (2021)
- Barrister-at-Law (Middle Temple) (2019)
- L.L.B. (Hons), University of Manchester (2018)
Publications and Talks
- Contributor, “Law and Practice of Construction Law in Malaysia” (Sweet & Maxwell, 2021); “Litigation in the Construction Court” Chapter.
