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Josephine Higgs


Year of Call: 2000

email: jhiggs@7kbw.co.uk


Jo practises in all areas of commercial law, with a particular emphasis on insurance and reinsurance, conflict of laws and jurisdiction, professional negligence and energy. She is listed in Legal 500 as a leading junior for insurance and reinsurance.

She has been instructed in a broad spectrum of cases of different types and sizes both in the Commercial Court and in domestic and international arbitrations (including ICC, LCIA and Bermuda Form arbitrations). Jo has extensive experience of acting as part of a team of counsel, working closely with solicitors, clients, witnesses and experts in large-scale, long-running, complex commercial disputes. At the other end of the scale, she has appeared as an advocate in numerous smaller cases in the High Court and in arbitration, and is happy to accept instructions in such cases. She also has a substantial advisory practice.

Before joining chambers in 2004, Jo worked for 2 years as an employed barrister during which time she gained invaluable experience of life at a leading solicitors’ firm. As a result, she is particularly well-placed to recognise and meet her professional and lay clients’ commercial needs.


Brasenose College, Oxford: BA in Classics and English, First Class (1998)

Jo achieved the highest 1st in finals, and was awarded an Oxford University Prize (Passmore Edwards Prize), and a Brasenose College Prize.

City University, London: CPE/Diploma in Law, Distinction (1999)

Inns of Court School of Law: Bar Vocational Course, Highly Commended (2000).

Jo was awarded a Queen Mother Scholarship and a Harmsworth Entrance Exhibition from Middle Temple.

Josephine Higgs specialises in the following areas:


Insurance & Reinsurance


Insurance and reinsurance form the core of Jo’s practice. She is currently instructed in several large-scale insurance disputes. Many of the cases in which Jo is retained are determined in arbitration or settled before trial. A selection of recent cases concerning insurance and reinsurance in which Jo has acted is set out below.

Selected cases:

  • Standard Life Assurance Limited v Ace European Group [2012] EWHC 104 (Comm). Claim for £100m under a professional indemnity policy. Led by Alistair Schaff QC and Andrew Wales.
  • Currently instructed in a very high value Bermuda Form arbitration. Led by Gavin Kealey QC. 
  • Recently instructed in an LCIA arbitration concerning financial institution crime insurance. Led by Jonathan Gaisman QC.
  • Beazley Underwriting Limited v The Travelers Companies Incorporated [2012] Lloyd’s Rep IR 78. Decided issues of policy construction, and the effect of subjectivities on a slip. Led by Dominic Kendrick QC. 
  • Synergy Health (UK) Ltd v CGU Insurance Plc & Ors [2011] 1 Lloyd’s Rep IR 500: instructed before trial as junior counsel (led by Richard Southern QC) on behalf of brokers in a Commercial Court fire insurance claim and a contingent claim for alleged brokers’ negligence (on maternity leave during trial). 
  • Recently 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 QC and Rebecca Sabben-Clare. 
  • Recently advised in a high value insurance dispute in relation to claims notification provisions in a liability policy; the dispute also raised complex jurisdictional and choice of law issues. 
  • 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, which also involved jurisdictional and choice of law issues. 
  • 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, many of which raised conflicts of law and jurisdictional issues. 


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Private International Law


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:

  • Recently 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. 


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Professional Negligence


Selected cases:

  • Currently instructed on behalf of sub-prime lender in very substantial professional negligence claim against its former auditors.
  • Synergy Health (UK) Ltd v CGU Insurance Plc & Ors [2011] 1 Lloyd’s Rep IR 500. Instructed before trial as junior counsel (led by Richard Southern QC) 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 (on maternity leave during trial).
  • 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. 

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General Commercial Disputes


In addition to the insurance and reinsurance cases, and the related professional negligence and jurisdictional and conflicts of law disputes, which form the core of Jo’s practice she has acted in a wide variety of other commercial cases, in arbitration and in court, both on her own and as a junior to more senior members of chambers.

Selected cases:

  • Currently acting for major retailer in relation to a contractual dispute with a supplier.
  • 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. 
  • 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 QC. 
  • 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. 
     

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Energy & Natural Resources


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:

Selected cases:

  • 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. 
  • 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 and John Bignall. 

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In the Directories


Jo is listed in Legal 500 as a leading junior for insurance and reinsurance.