Henrik Nedergaard Thomsen
- Complex commercial disputes
- Professional liability – D&O, E&O, lawyers, accountants, real estate agents, good business practice
- General liability – PI, building, energy, offshore, infrastructure
- Product liability
- CAR and building damage insurance
- Personal injury – employee’s liability, business injury, patient’s injury
- Recourse and subrogation
- Administrative liability
- Evidence taken out of court
- Insurance Complaint Board disputes
Henrik has a wide range of experience in the Danish courts, including 150+ Supreme Court cases, Danish and international arbitration under the auspices of different ad hoc and institutional rules, including as a certified arbitrator, and mediation. He is focused on matters on general liability, contractual liability, insurance coverage and regulatory issues. He takes instruction in relation to general liability (PI, property, energy, offshore, infrastructure), professional liability (D&O, E&O, lawyers, accountants, real estate agents, and good business practice), product liability, personal injury, subrogation and recourse, regulatory (IDD, business establishment, policy and wording) and administrative liability. Furthermore, he has accumulated valuable knowledge from acting as legal advisor to the Danish Government, including governmental agencies covered by the National Indemnity.
Chamber Europe – Ranked in Dispute Resolution
Chambers Global – Ranked in Dispute Resolution
Chambers Review 2022: Henrik Nedergaard Thomsen acts for public and private clients on a range of contentious matters, with a particular focus on insurance disputes. One client says: "He's very switched-on, with an immensely good knowledge of Danish law."
The Legal 500: Leading Individual in Dispute Resolution
The Legal 500 Review 2022: The practice is led by the ‘fantastic’ Henrik Nedergaard Thomsen, who has extensive experience as an advocate in court as well as in arbitration and mediation proceedings.
Advised leading international insurer and claims adjuster on COVID-19 related questions
Acted for leading international insurer in a successful resolution of an international institutional arbitration regarding a ten-figure professional complex indemnity insurance claim and possible subrogation rights in relation to certain energy facilities
Acting for UK insurer and the insured business entity in a cross-border product liability related dispute brought by a leading Danish insurer regarding a DKK 22 million recourse claim following a fire in a DIY centre.
Instructed in a Supreme Court case defending the Patients Complaints Board’s decision awarding interest of compensation for lost earnings under the Liability and Compensation Act.
Instructed in a Supreme Court case defending the Social Appeals Board’s decision denying a recourse claim between the Danish Shipowners’ Accident Insurance Association and SKULD in relation to compensation paid to Philippine seamen.
Instructed in a Supreme Court case defending the Patients Complaints Board’s decision not to re-open a claim for compensation under the Danish Patients Compensation Scheme.
Instructed in a Supreme Court case defending the Danish state’s subrogation right against the tortfeasor in relation to compensation awarded by the Victim’s Complaints Board to the victim.
Instructed by The Danish Prison and Probation Service in a High Court dispute brought by a leading Scandinavian insurer regarding a DKK 22.9 million recourse claim on whether a convicted serving community service was liability of a fire in a multi-purpose sporting arena.
Acting for the Danish Guarantee Fund for Non-life Insurers in a Supreme Court dispute brought by the Norwegian Non-Life Insurance Guarantee Scheme regarding a NOK 67.5 million indemnification claim for compensation awarded and pay under the Norwegian Workers Compensation Act.
Acting for Lloyds Insurance Company S.A., Canopius, Sedgwick Ireland and Sedgwick Denmark in several disputes across Denmark regarding CAR and building damage insurance.
Instructed by Rail Net Denmark in a successful resolution of ad hoc arbitration brought by a leading Scandinavian insurer regarding a DKK 81.1 million recourse claim following a collision of a ship causing damage to a railway bridge.
Acted for leading international accounting firm in an international arbitration regarding compensation in relation to the termination of certain shipping contracts.
Instructed by group of leading international insurers, including, AIG, QBE, Gard, Lancashire, Zurich, Allianz and AXA XL in a successful resolution of a High Court appeal case regarding a DKK 2.6 billion energy construction claim (the largest claim pursued before the Danish courts) in relation to the Siri platform in the North Sea.
Instructed in a Supreme Court case defending the Board of Appeal for Trademarks and Patents’ decision regarding a truncated patent application.
Acted for Rail Net Denmark in a successful resolution of a Supreme Court case brought by a leading Danish insurer in relation to a DKK 95 million recourse claim following a collision of two trains.
Instructed by Codan and the insured in a successful resolution of a dispute regarding a DKK 100 million lawyer’s liability claim in relation to a bankruptcy estate.
Instructed by CNA and the insured law firm in a successful resolution of a Maritime and Commercial Court dispute regarding a DKK 15 million D&O and lawyer’s liability claim in relation to IT hardware.
10 January 1965
Certified project manager – PRINCE2® 2015
PON Program on Negotiation – Harvard Law School 2012
Certified arbitrator – Association of Danish Law Firms
Master of Laws (cand.jur.) – University of Copenhagen 1989
Equity partner, Neugebauer Clan 2022
Equity partner, Poul Schmith / Kammeradvokaten 2001- 2022
Head of Insurance, Poul Schmith / Kammeradvokaten
Co Head of Dispute Resolution, Poul Schmith / Kammeradvokaten
Attorney, Poul Schmith / Kammeradvokaten 1995-2001
Attorney, Nielsen Nørager 1990-1995
Head of section, the Insurance Complaints Board 1989-1990
Admission and right of audience
Right of Audience before the Supreme Court of Denmark 1998
Positions of trust
External examiner at the mandatory bar exam appointed by the Council of the Danish Bar and Law Society
Member of the board of FEF Association for Liability and Insurance Law
Member of the Association of Danish Law Firms’ committee for liability and insurance law
Member of the Europe Committee of The Campaign for Greener Arbitrations
The Danish Supreme Court Bar Association
IBA International Bar Association
FEF Association for Liability and Insurance Law
ICCA International Council for Commercial Arbitration
AIDA International Insurance Law Association
The Danish Insurance Society
The Danish Arbitration Association
Lectures and writing
ICLG: Insurance & Reinsurance Law Regulations Denmark 2022
ICLG: Litigation & Dispute Resolution Laws and Regulations Denmark 2022
The Insurance and Reinsurance Law Review Denmark 2022
GAR Commercial Arbitration: Denmark 2022
Civil Procedure (Proceduren) 2019, co-author
Workers’ injury (Arbejdstagerskader: afgrænsning, placering og kanalisering) 2014, co-author
Early Retirement and National Retirement (Social Pension) 2005, co-author
Lecturer on various courses on dispute resolution, liability and insurance