Josephine Higgs KC

Commercial disputes of all varieties, including multi-jurisdictional matters, form the backbone of Jo’s practice. She has been involved in a wide range of very high value commercial disputes, as illustrated by the selection below. She has recent experience of obtaining urgent relief from the Courts, including anti-suit injunctions and freezing injunctions.

Selected cases:

• International Entertainment Holdings Limited & Others v Allianz Insurance Plc [2024] EWCA Civ 1281 Jo acted at first instance and on appeal for the insured policyholders in their substantial claims for indemnity for Covid-19 business interruption losses.
• Zephyrus Aviation Partners v Fidelis Underwriting Limited [2024] EWHC 734 (Comm) Jo is currently instructed on behalf of several aircraft lessors in their very high value insurance claims (>US$500m) arising out of the Russia / Ukraine conflicts, which raise numerous complex and novel issues of English and Russian law. She acted as part of a team of counsel in the successful defence to reinsurers’ jurisdiction challenges.
• Gatwick Investment Ltd v Liberty Mutual Insurance Company SE [2024] EWHC 124 (Comm) Jo is currently instructed on behalf of numerous policyholders in the hospitality sector in their claims against various insurers for significant business interruption losses. Jo acted, together with Jeffrey Gruder KC, for the policyholders in the first instance trial in 2023 and is instructed in relation to the appeals and cross-appeals in the Court of Appeal.
• Jo is also currently acting on behalf of the claimants in substantial Commercial Court claims for breach of warranty and other terms of a share purchase agreement.
• Jo recently acted in very substantial (c. £200m) professional negligence claims brought by a financial services institution against its former auditors and is currently acting in further professional negligence claims against solicitors and auditors.
• Al Mana Lifestyle Trading LLC & others v United Fidelity Insurance Company Psc & Others [2022] EWHC 2049 (Comm), [2022] Lloyds Rep IR Plus 36, [2023] EWCA Civ 61 Jo acted for the insured retail group in its substantial Commercial Court claim against various insurers for business interruption losses arising from Covid-19, including acting in the insurers’ jurisdiction challenge at first instance and in the Court of Appeal in 2022.
• Patisserie Valerie Holdings & Ors v Grant Thornton UK LLP [2021] EWHC 3022 (Comm) During 2021, Jo acted as the senior junior in a c. £200m Commercial Court professional negligence claim brought by the Patisserie Valerie Group against its former auditors Grant Thornton. Led by Mark Templeman KC.
• Harcus Sinclair LLP v Your Lawyers  [2021] UKSC 32, [2019] 4 WLR 112, [2017] EWHC 2900 Jo acted at first instance, in the Court of Appeal and in the Supreme Court in this claim regarding an undertaking in a NDA, which determined issues relating to covenants on restraint of trade, solicitors’ undertaking and the nature and extent of the Court’s inherent supervisory jurisdiction over solicitors and the entities through which they practise. Led by Christopher Butcher QC (as he then was, at first instance), David Foxton QC (as he then was, in the Court of Appeal), and by Jonathan Crow KC (in the Supreme Court) and Jawdat Khursid KC.
• The Financial Conduct Authority v Arch Insurance (UK) Limited and others [2020] EWHC 2448 (Comm) Jo appeared on behalf of the Hospitality Insurance Group Action (“HIGA”), together with Philip Edey KC and Susannah Jones, in the FCA business interruption insurance test case, in which the Court held that various policy wordings provide cover for business interruption losses suffered by insureds as a result of COVID-19.
• In the matter of Ardon Maroon Asia Master Fund, 20 May 2020, Cayman Islands Court of Appeal. Jo acted for the successful defendants at first instance and on appeal in a high value dispute between shareholders in a master fund regarding the validity of a share redemption request. Led (at first instance) by Jonathan Gaisman KC, and (on appeal) by Simon Salzedo KC.
• Simetra Global Assets Limited v Ikon Finance Limited [2019] 4 WLR 112  Jo acted at first instance and on appeal on behalf of the successful appellants in this very high value civil fraud claim, in which the Court of Appeal took the unusual step of ordering a retrial. Led (at first instance) by Clive Freedman QC (as he then was), and (on appeal) by Stephen Hofmeyr KC.
• Isaacs v Gala Coral Group Ltd & Ors Jo acted for the defendant gambling company in a substantial claim which raised novel questions about the extent of the duty of care owed by gambling service providers (following Calvert v William Hill).
• Cattles Limited and Welcome Financial Services Limited v PwC LLP. Between 2011 and 2015 Jo acted on behalf of Cattles and WFSL, sub-prime lenders, in their very substantial commercial court claim for professional negligence claim against their former auditors, PwC, which settled at the start of a 16 week trial.
• Rathbone Bros Limited v Novae Corporate Underwriting Limited and Others [2015] Lloyd’s Rep IR 095. Jo appeared in the Court of Appeal (led by Peter MacDonald-Eggers KC) in an appeal concerning a claim for c. £100m under professional liability insurance and rights of subrogation against a co-insured.
• Standard Life Assurance Limited v Ace European Group [2012] Lloyd’s Rep IR 655. Jo acted for insurers in this claim for £100m under a professional indemnity policy. Led by Alistair Schaff KC and Andrew Wales.
• Beazley Underwriting Limited v The Travelers Companies Incorporated [2012] Lloyd’s Rep IR 78. Jo acted on behalf of insurers in this high value case which decided issues of policy construction, and the effect of subjectivities on a slip. Led by Dominic Kendrick KC.
• Synergy Health (UK) Ltd v CGU Insurance Plc and Others [2011] 1 Lloyd’s Rep IR 500. Instructed before trial (led by Richard Southern KC) on behalf of brokers in a Commercial Court fire insurance claim and a contingent claim for alleged brokers’ negligence (unavailable for trial).
• B v S [2011] 2 Lloyd’s Rep 18. Decided that the Scott -v- Avery provision in the FOSFA 54 arbitration clause prevents a claimant in arbitration from applying to the Court for a freezing injunction. Led by Andrew Wales KC.
• Sos Corporacion Alimentaria SA v Mataluni Spa [2010] 2 Lloyd’s Rep 345. Application under section 12 of the Arbitration Act 1969 and an appeal under section 69 in relation to a FOSFA arbitration. Led by Simon Picken QC (as he then was).
• Loon Energy Inc v Integra Mining (B) Sendirian Berhad [2008] 1 Lloyd’s Rep Plus 1. A claim for declaratory relief as to the parties’ rights in an oil field in Brunei. The case also raised jurisdictional issues and an application for a stay under section 9 of the Arbitration Action 1996. Led by Simon Picken QC (as he then was).
• Braspetro Oil Services Co v FSO Construction Inc [2007] 2 All ER (Comm) 924: between 2005 and 2007, Jo acted for the state oil company of Brazil in very substantial commercial litigation involving claims of several hundred million dollars and concerning oil rig construction and financing. Led by Simon Picken QC (as he then was) and John Bignall.
• Sole counsel in a 5 day High Court trial acting for an agent in a substantial claim for commission (case settled during closings).
• Junior counsel in a 5 week arbitration concerning the construction of a superyacht. Led by Simon Picken KC.
• Advised Japanese clients in a major and very high value dispute regarding the malfunction of a satellite.
• Numerous other construction, energy and rail disputes, sale and supply of goods claims, and various banking and trust disputes including: cases involving breach of mandate, letters of credit and consumer credit; and a variety of disputes surrounding the validity and enforceability of mortgages, guarantees and other forms of security.

Jo has extensive experience of civil fraud including, in particular, claims against company directors and trustees for breach of trust, breach of fiduciary, tortious and statutory duties, and accessory liability claims against those who have assisted or benefited from fraud, including banks and other financial institutions.

• Simetra Global Assets Limited v Ikon Finance Limited [2019] 4 WLR 112  Jo acted at first instance and on appeal on behalf of the successful appellants in this very high value civil fraud claim, in which the Court of Appeal took the unusual step of ordering a retrial. Led (at first instance) by Clive Freedman QC (as he then was) and (on appeal) by Stephen Hofmeyr KC.
• She acted for the defendant directors and vendors in complex and substantial multi-party litigation in the Chancery Division involving claims in deceit and for breach of fiduciary law, dishonest assistance, knowing receipt, and conspiracy, and related claims for breach of warranty of a share purchase agreement and under indemnities and guarantees. Led by Jonathan Gaisman KC.
• She recently advised investors in offshore investment funds in relation to potentially fraudulent conduct in relation to the management of those investment funds.
• Jo has previously acted on behalf of a defendant fund manager alleged to have acted in breach of trust and negligently in making various transfers and capital distributions out of the fund assets.
• Jo led the junior counsel team for the claimants in Cattles v PwC, a very high value and long-running professional negligence claim brought by an ex-FTSE 250 company and its subsidiary against their former auditors, which involved allegations of fraudulent accounting by the directors of the companies.

Many of the insurance cases in which Jo has acted have at their heart allegations of fraud, either in the underlying facts giving rise to the insurance claim, or in relation to the placement of the insurance contract or conduct of claims there under. Jo recently advised in relation to insurance issues arising out of the judgment in SPL Private Finance v Arch Financial Products LLP [2014] EWHC 4268 (Comm), a successful claim brought by various offshore funds against their former fund manager for breach of fiduciary duty, contract and negligence, and against a director of the fund manager for dishonest assistance and inducing breach of contract. She has also recently advised the claimants in relation to a fraud by their accountants in a high profile case regarding their potential routes of recovery, including under insurance policies. She was instructed in Rathbone v Novae [2015] Lloyd’s Rep IR 095, a substantial claim under a professional indemnity insurance policy, where the underlying claim was against a personal trustee for breach of trust and fiduciary duty in relation to his alleged mismanagement of trust funds over a long period of time. Jo has previously advised in relation to various claims under professional indemnity/D&O cover in respect of claims against directors (and trustees) for breach of fiduciary duty.

Jo has also advised and acted in various disputes in this area, including in relation to oil and gas supply contracts, and the construction and operation of off-shore and floating oil and gas platforms:

• Recently advised in relation to an electricity and gas supply contract.
• Loon Energy Inc v Integra Mining (B) Sendirian Berhad [2008] 1 Lloyd’s Rep. Plus 1. A claim for declaratory relief as to the parties’ rights in an oil field in Brunei. The case also raised jurisdictional issues and an application for a stay under section 9 of the Arbitration Action 1996. Led by Simon Picken QC (as he then was).
• Braspetro Oil Services Co v FSO Construction Inc [2007] 2 All ER (Comm) 924: between 2005 and 2007, acted for the state oil company of Brazil in very substantial commercial litigation involving claims of several hundred million dollars and concerning oil rig construction and financing. Led by Simon Picken QC (as he then was) and John Bignall.

Insurance and reinsurance form the core of Jo’s practice, and she is recommended by the current editions of Chambers & Partners, Legal 500 and Who’s Who Legal for insurance and reinsurance. She acts on behalf of insurers and insureds, in litigation, and domestic and international arbitrations. Many of the cases in which Jo is retained are determined in arbitration or settled before trial.

In 2021, prior to taking silk, Jo won Insurance Junior of the Year at the Chambers & Partners Bar Awards.

Current and recent cases include:

• International Entertainment Holdings Limited & Others v Allianz Insurance Plc [2024] EWCA Civ 1281 Jo acted at first instance and on appeal for the insured policyholders in their substantial claims for indemnity for Covid-19 business interruption losses.
• Zephyrus Aviation Partners v Fidelis Underwriting Limited [2024] EWHC 734 (Comm),  Jo is currently instructed on behalf of several aircraft lessors in their very high value insurance claims (>US$500m) arising out of the Russia / Ukraine conflict, which raise numerous complex and novel issues of English and Russian law. She acted as part of a team of counsel in the successful defence to reinsurers’ jurisdiction challenges.
• Gatwick Investment Ltd v Liberty Mutual Insurance Company SE [2024] EWHC 124 (Comm), Jo is currently instructed on behalf of numerous policyholders in the hospitality sector in their claims against various insurers for business interruption losses. Jo acted, together with Jeffrey Gruder KC, for the policyholders in the first instance trial in 2023 and is instructed in relation to the appeals and cross-appeals in the Court of Appeal.
• RSA and Aviva v Kroll Advisory Ltd, Jo is currently acting for the defendant insured in a Commercial Court claim brought by insurers for recovery of sums paid by way of indemnity.
• Al Mana Lifestyle Trading LLC & others v United Fidelity Insurance Company Psc & Others [2022] EWHC 2049 (Comm), [2022] Lloyds Rep IR Plus 36, [2023] EWCA Civ 61 Jo acted for the insured retail group in its substantial Commercial Court claim against various insurers for business interruption losses arising from Covid-19, including acting in the insurers’ jurisdiction challenge at first instance and in the Court of Appeal in 2022.
• Jo has also recently advised insureds and insurers in relation to high value claims under: products liability and professional indemnity policies; property damage and business interruption policies; and a jewellers’ block policy.
• MH Costa Construction Ltd v Aviva Insurance Limited During 2020 to 2022, Jo acted as sole counsel for the insured construction company in its employers’ liability insurance claim, in which insurers purported to avoid numerous policies for alleged non-disclosure and misrepresentation.
• During 2021 and 2022 Jo acted as sole counsel for an insured in its substantial trade credit insurance claim in an LCIA arbitration.
• The Financial Conduct Authority v Arch Insurance (UK) Limited and others [2020] EWHC 2448 (Comm) Jo appeared on behalf of the Hospitality Insurance Group Action (“HIGA”), together with Philip Edey KC and Susannah Jones of 20 Essex Street, in the FCA business interruption insurance test case, in which the Court held that various policy wordings provide cover for business interruption losses suffered by insureds as a result of COVID-19.
• Jo recently acted on behalf of insurers in two very high value claims under liability insurance policies being heard in London arbitrations (led by David Edwards KC). She has previously been involved in numerous very high value Bermuda Form arbitrations (led by Gavin Kealey KC, Christopher Butcher QC (as he then was), and David Edwards KC).
• ED & F Man Sugar Limited v RSA Jo acted (led by Peter MacDonald Eggers KC) on behalf of the insured sugar trader in this c.$20m insurance claim, which settled shortly before trial in early 2020.
• Cheval Roc Residential Limited v Zurich Insurance Plc Jo acted (led by Adam Fenton KC) on behalf of the claimant insureds in relation to a significant insurance claim for property damage and business interruption, which settled shortly before trial in mid 2020.
• PM Law Ltd v Motorplus Limited and others [2016] 1 Costs L.R. 143. Jo appeared in this successful strike-out application on behalf of the insurer.
• Rathbone Bros Limited v Novae Corporate Underwriting Limited and Others [2015] Lloyd’s Rep IR 095 Appeared in the Court of Appeal (led by Peter MacDonald-Eggers KC) in an appeal concerning a claim for c. £100m under professional liability insurance and rights of subrogation against a co-insured.
• Standard Life Assurance Limited v Ace European Group [2012] Lloyd’s Rep IR 655. Claim for £100m under a professional indemnity policy. Led by Alistair Schaff KC and Andrew Wales KC.
• Beazley Underwriting Limited v The Travelers Companies Incorporated [2012] Lloyd’s Rep IR 78. A case concerning issues of policy construction, and the effect of subjectivities on a slip. Led by Dominic Kendrick KC.
• Synergy Health (UK) Ltd v CGU Insurance Plc and Others [2011] 1 Lloyd’s Rep IR 500. Instructed before trial (led by Richard Southern KC) on behalf of brokers in a Commercial Court fire insurance claim and a contingent claim for alleged brokers’ negligence (unavailable for trial).
• Instructed in an LCIA arbitration concerning financial institution crime insurance. Led by Jonathan Gaisman KC.
• Instructed in a complex and high value multi-party arbitration in a claim under professional liability reinsurance, involving issues of coverage for fraud, avoidance for non-disclosure, and aggregation. Led by Jonathan Gaisman KC and Rebecca Sabben-Clare KC.
• Instructed in Commercial Court multi-party litigation (settled before trial) arising out of the judgment in Feasey v Sun Life & Phoenix Home Life [2002] EWHC 868 (Comm) concerning, inter alia, issues of agency, brokers’ negligence, and policy coverage.
• Hollywood Realisations Trust Limited v Lexington Insurance Company and Others very high value film finance claim (settled during trial), and subsequently numerous other film finance claims.

Advised, settled pleadings and appeared in interim hearings in numerous other insurance and reinsurance disputes concerning issues of agency, breach of warranty of authority, broker’s duties of care, lack of fortuity, insurable interest, non-disclosure/misrepresentation, breach of warranty, claims notification provisions.

Much of Jo’s recent work has been in international arbitration, including LCIA, ICC and Bermuda Form arbitrations. She has settled and appeared in applications for permission to appeal from arbitration awards.

Current and recent arbitrations include:

• Jo is currently acting as leading counsel for a foreign policyholder in a high value claim under financial institution insurance in a London arbitration.
• Jo recently acted on behalf of insurers in two very high value claims under liability insurance policies being heard in London arbitrations (led by David Edwards KC).
• During 2020 to 2022, Jo acted on behalf of an insured in a high value LCIA arbitration in its trade credit insurance claim.
• She has previously been involved in numerous very high value Bermuda Form arbitrations raising, among other things, “Expected or Intended” defences, policy construction and limitation issues (led by Gavin Kealey KC, Christopher Butcher KC, and David Edwards KC).
• Instructed in an LCIA arbitration concerning financial institution crime insurance. Led by Jonathan Gaisman KC.
• B v S [2011] 2 Lloyd’s Rep 18. Decided that the Scott v Avery provision in the FOSFA 54 arbitration clause prevents a claimant in arbitration from applying to the Court for a freezing injunction. Led by Andrew Wales.
• Sos Corporacion Alimentaria SA v Mataluni Spa [2010] 2 Lloyd’s Rep 345. Application under section 12 of the Arbitration Act 1969 and an appeal under section 69 in relation to a FOSFA arbitration. Led by Simon Picken QC (as he then was).
• Instructed in a complex and high value multi-party arbitration in a claim under professional liability reinsurance, involving issues of coverage for fraud, avoidance for non-disclosure, and aggregation. Led by Jonathan Gaisman KC and Rebecca Sabben-Clare KC.

Many of the commercial disputes in which Jo acts involve one or more parties from outside the jurisdiction, or insurance of liability, property or other risks located overseas, and potentially conflicting foreign laws. As a result, Jo has extensive experience of advising and appearing as an advocate in relation to difficult jurisdictional issues and conflicts of law. This ranges from providing advice at an early stage of a dispute as to choice of a forum in which to commence litigation or arbitration to advocacy in the Commercial Court on complex points of conflicts of law.

Selected cases:

• Zephyrus Aviation Partners v Fidelis Underwriting Limited [2024] EWHC 734 (Comm) Jo is acted on behalf of several aircraft lessors in their very high value insurance claims (>US$500m) arising out of the Russia / Ukraine conflicts, which raise numerous complex and novel issues of English and Russian law. She acted as part of a team of counsel in the successful defence to reinsurers’ jurisdiction challenges.
• Al Mana Lifestyle Trading LLC & others v United Fidelity Insurance Company Psc & Others 2022] EWHC 2049 (Comm), [2022] Lloyds Rep IR Plus 36, [2023] EWCA Civ 61 Jo recently acted on behalf of the insured retail group in its relation to the jurisdiction challenge brought by the defendant insurers, at first instance and in the Court of Appeal. She is currently instructed in relation to the application for permission to appeal to the Supreme Court.
• Jo has recently advised in relation to various jurisdictional and conflict of law questions arising in insurance and other commercial disputes.
• Aleagha v Amini [2018] EWHC 2365 (Ch) Jo acted for the defendant in the successful application to stay proceedings brought in the Chancery Division on the grounds of forum non conveniens.
• Jo acted on behalf of Dutch clients challenging jurisdiction of the English Courts in an intellectual property dispute.
• Successfully obtained interim and final anti-suit injunction on behalf of an insurer to prevent proceedings against it in Australia.
• Advised in relation to a claim for negative declaratory relief by London reinsurers against Ontario insurer, and settled successful application for permission to serve out of jurisdiction.
• Acted on behalf of Brazilian defendant in a successful challenge to jurisdiction and application to set aside default judgment in relation to claim by commercial agent.
• Advised in major reinsurance dispute between Venezuelan insurers and London reinsurers as to jurisdictional and choice of law issues. Settled successful application for permission to serve out of jurisdiction and advised in relation to challenge to jurisdiction.
• Settled various other applications for permission to serve out of the jurisdiction, and applications to set aside service and/or challenge jurisdiction, including under the Judgments Regulation.

Advised in numerous other cases (insurance, reinsurance and other commercial disputes) on applicable law (including in relation to floating choice of law clauses) and jurisdiction, including as to the prospects of seizing jurisdiction by pre-emptive proceedings for negative declaratory relief and in cases involving US service of suit clauses, and as to the prospects of obtaining anti-suit injunctions and stays under the Arbitration Act 1996.

Jo has extensive experience of professional negligence disputes, particularly in the financial sector. She is recommended for professional negligence in the current edition of Chambers & Partners and Legal 500. She has experience of claims against accountants and auditors, solicitors, insurance brokers, architects, surveyors and engineers.

Selected cases:

• Jo is currently acting in two substantial professional negligence claims brought by a financial institution against its former solicitors and in another claim brought by a different financial institution against its former auditors, and has recently advised on several other high profile professional negligence claims.
• Jo recently acted in two very substantial (c. £200m) professional negligence claims brought by a financial services institution against its former auditors.
• Patisserie Valerie Holdings & Ors v Grant Thornton UK LLP [2021] EWHC 3022 (Comm) During 2021, Jo acted as the senior junior in a c. £200m Commercial Court professional negligence claim brought by the Patisserie Valerie Group against its former auditors Grant Thornton. Led by Mark Templeman KC.
• Brightside Group Limited and others v RSM Audit UK LLP [2017] 1 WLR 1943 Jo acted in a substantial professional negligence claim against auditors in the Commercial Court. Led by Christopher Butcher QC (as he then was).
• Recently advised in relation to a potential professional negligence claim against a leading firm of solicitors and is acting in several other claims against firms of solicitors.
• Cattles Limited and Welcome Financial Services Limited v PwC LLP. Between 2011 and 2015 Jo acted on behalf of Cattles and WFSL, sub-prime lenders, in their very substantial commercial court claim for professional negligence against their former auditors, PwC, which settled at the start of the 16 week trial.
• Synergy Health (UK) Ltd v CGU Insurance Plc and Others [2011] 1 Lloyd’s Rep IR 500. Instructed before trial as junior counsel (led by Richard Southern KC) on behalf of brokers in a claim for brokers’ negligence. Settled pleadings, advised, assisted in relation to witness statements and experts’ reports, and appeared in interlocutory hearings.
• Acted in numerous disputes on behalf of, and against, defendant brokers in professional negligence claims relating to the placement of insurance and reinsurance, and notification of claims.
• Acted in various professional negligence claims against architects, surveyors and engineers.