Josephine Higgs , KC

7 KBW

Josephine Higgs KC is a barrister at 7 King’s Bench Walk practising in all areas of commercial law with a particular emphasis on insurance and reinsurance, professional negligence, civil fraud, conflict of laws and jurisdiction, international arbitration, and energy and natural resources. She is recommended in Chambers & Partners and Legal 500 as a leading silk for insurance, commercial dispute resolution and professional negligence, and has been described in the directories as “a complete pleasure to work with and a superb advocate”, “absolutely brilliant”, “very focused” and “ferociously hard-working”. She has been instructed in a broad spectrum of cases of different types and sizes in the Supreme Court, Court of Appeal, Commercial Court, and in domestic and international arbitrations (including ICC, LCIA, ARIAS and Bermuda Form arbitrations), as well as cases in other jurisdictions. She regularly advises and acts in cases with an international flavour, often involving conflicts of laws and jurisdictional issues and matters of international commerce. Jo has extensive experience of large-scale, long-running, complex commercial disputes acting as part of a team of counsel and working closely with solicitors, clients, witnesses and experts. Recent notable cases in which Jo has been instructed include Zephyrus Aviation Partners v Fidelis Underwriting Limited [2024] EWHC 734 (Comm), Gatwick Investment Ltd v Liberty Mutual Insurance Company SE [2024] EWHC 124 (Comm), Al Mana Lifestyle Trading LLC v United Fidelity Insurance Company PSC [2023] EWCA Civ 61, Harcus Sinclair LLP v Your Lawyers Ltd [2022] AC 1271, and FCA v Arch Insurance (UK) Ltd (the BI test case).

Practice Area

Dispute Resolution

Panel

Contributing Author

Qualified Year

2000

Membership

COMBAR
CLFA
LCLBA
BILA

Qualifications

Bar Vocational Course, Highly Commended (2000)
CPE/Diploma in Law, Distinction (1999)
BA in Classics and English, 1st Class, highest in year (1998)

Education

Inns of Court School of Law (1999–2000)
City University (1998–1999)
University of Oxford (1995–1998)

4 Contributions by Josephine Higgs

PRACTICE NOTES

COVID-19 business interruption insurance after the FCA test case: disease and ‘at the premises’/NDDA clauses, causation, prevalence, furlough deductions, late payment and aggregation—key developments (England and Wales)

Business interruption insurance This form of cover is commonly packaged and sold within standard commercial property policies. Ordinarily, business interruption protection only responds when disruption to, or interference with, operations directly stems from physical damage to insured property at the insured location. Some wordings, however, add ‘non-damage’ extensions that insure loss of income in other scenarios— for example, where entry to, or use of, the business premises is temporarily blocked or materially impeded by circumstances not involving property damage. In March 2020, after the coronavirus (COVID-19) lockdown, numerous firms sought to claim for such losses under their business interruption insurance, yet few received indemnity, largely because of uncertainty over how non-damage extensions should react to a nationwide outbreak of infectious disease. The Financial Conduct Authority (FCA), in consultation with policyholders and insurers, commenced and pursued a test case under the Financial Markets Test Case Scheme (the FCA test case). The first instance hearing proceeded before a Divisional Court in July 2020, with judgment subsequently delivered on 15 September 2020. See News Analysis: Coronavirus (COVID-19) business interruption test case—post-judgment analysis—construction, composite perils and causation, LNB News 15/09/2020 70 and LNB News 15/09/2020 69. Six of the insurers (Arch, Argenta, Hiscox, MS...

Insurance & Reinsurance

PRACTICE NOTES

Regulatory and common law duties of UK insurance brokers in placement and renewal: fair presentation, Consumer Duty, documentation, sub-brokers and negligence mitigation

This Practice Note offers a concise overview of the functions and duties of insurance brokers, outlining their role in arranging and renewing insurance policies. It also gives practical pointers on how brokers can avoid or reduce negligence claims. More focused materials are signposted. For rules and guidance on insurance distribution regulation, see Practice Notes: FCA Handbook—introduction for the insurance and reinsurance sector PRA Rulebook—introduction for the insurance and reinsurance sector Insurance conduct regulation—COBS and ICOBS UK insurance distribution regime—essentials Functions of insurance brokers The broker’s central task is to secure consensus and clarity between the insured and insurers so that suitable cover is effected (or ‘placed’) in line with the client’s instructions. An essential aspect of the role is to bridge the disparity between the client’s understanding of its own operations and the broker’s appreciation of cover available in the market (see Infinity Reliance Ltd (trading as My 1st Years) v Heath Crawford Ltd). This core function is performed as agent for the insured; however, brokers also undertake various...

Insurance & Reinsurance

PRECEDENTS

Precedent Anti‑Suit Injunction Order restraining foreign proceedings, with penal notice and claimant undertakings (England and Wales)

Claim No. [ insert claim number ]. In the High Court of Justice, within the [ Business and Property Courts ], [ of England and Wales OR at [ insert location ] ], or alternatively [ Specify division ], [ Specify specialist court ], [ Insert location ] District Registry; The County Court at [ insert location ]; [ Business and Property Courts List ]; Before [ The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge ] [ insert name ]; [ in public OR in private ]; Dated: [ insert date ]; Between [ insert name ] (Claimant/Applicant) and [ insert name ] (Defendant/Respondent). [ DRAFT ] ORDER FOR AN ANTI-SUIT INJUNCTION PENAL NOTICE This Order [ prevents you, [ insert name of respondent ], from acting OR requires you, [ insert name of respondent ], to act ] in accordance with the steps described below. Failure to comply may place you in contempt of court and you could face a fine, imprisonment, seizure of assets, or other sanctions available at law. OR This Order [ restrains you, [ insert name of respondent ], from doing OR compels you, [...]

Dispute Resolution