Josephine Higgs

Date of Birth: 1976
Date of Call: 2000

General Information
BA (Oxon), Classics and English, 1st Class
Oxford University Prize (Passmore Edwards Prize) for highest 1st in finals
Brasenose College Prize 1998
CPE/Diploma in Law, City University, Distinction
Middle Temple Queen Mother Scholar
Harmsworth Entrance Exhibitioner
.

Practice
Josephine Higgs practises in all areas of commercial law, with a particular emphasis on insurance and reinsurance, private international law, energy, and professional negligence. She has considerable experience of appearing as an advocate, and as a junior, in the High Court and in
arbitration, and combines this with a substantial
advisory practice.

Recent Cases and Experience

Insurance and reinsurance

• Currently instructed in a high value Bermuda Form arbitration concerning policy interpretation and aggregation issues. Led by Gavin Kealey Q.C.
  
• Currently instructed on behalf of brokers in a Commercial Court fire insurance claim and a contingent claim for alleged brokers’ negligence. Led by Richard Southern Q.C.
  
• Recently instructed in a complex and very 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 Q.C. and Rebecca Sabben-Clare.
  
• Recently advised in a high value insurance dispute in relation to claims notification provisions in a liability policy.
  
• 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.
  
• Advised in major reinsurance dispute between Venezuelan insurers and London reinsurers. 
  
• 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, and limitation.

Energy

• Loon Energy Inc v Integra Mining (B) Sendirian Berhad [2007] EWHC 1876 (Comm) (Langley J): 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 Q.C.
  
• Braspetro Oil Services Co v FSO Construction Inc [2007] EWHC 1359 (Comm) (Cresswell J): 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 Q.C. and John Bignall.

Private international law

• Settled numerous 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 cases (insurance, reinsurance and other commercial disputes) on applicable law, including in relation to floating choice of law clauses.
  
• Advised in numerous cases in relation to 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.

General commercial disputes

• Currently instructed in an application under section 12 of the Arbitration Act 1969 and an appeal under section 69 in relation to a FOSFA arbitration.
  
• 5 day High Court trial in 2008 relation to an agent’s claim for commission.
  
• 5 week arbitration concerning the construction of a superyacht. Led by Simon Picken Q.C.
  
• Advised 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.

Publications

Contributor to Transnational Litigation 2002 (ed. Oceana) including chapters on conflict of laws and jurisdiction.