Commercial Litigation
Paul is a member of the Commercial Bar Association and has considerable expertise in the resolution of complex commercial disputes, including acting as sole counsel in proceedings in the Commercial Court and International Arbitration proceedings. His practice encompasses issues relating to:
- Jurisdiction;
- Conflict of Laws;
- Interim relief including freezing orders, search orders, interim charging orders and interim third party debt orders;
- Civil Fraud;
- Banking & Finance;
- Contractual Disputes;
- Sale and supply of goods and services;
- Misrepresentation;
- Injunctions;
- Recovery proceedings including unlawful means conspiracy and tort of deceit;
- Committal Proceedings.
Recent cases include:
- Instructed by Gibson Dunn as sole counsel in the Commercial Court on behalf of an international financier in relation to the multi-million Euro failure of a Swiss company to purchase bonds under a ‘Put Option Agreement’. All monies due under the Put Option Agreement were recovered together with costs.
- Instructed as sole counsel by a Saudi Arabian claimant against HSBC Bank Plc in respect of the Bank’s failure to pay an admittedly fraudulent banker’s draft that the Bank had previously stated was genuine. Bryan J refused an application for summary judgment, but the Court of Appeal (Popplewell LJ) granted PTA. The claim settled for a seven-figure sum on the day before the appeal was due to be heard.
- Instructed as sole counsel in ongoing Arbitration proceedings relating to an 8-figure EUR commercial dispute under the LCIA rules.
- Instructed by EUI Limited, Advantage Insurance Company Limited and Esure Services Limited in relation to various unlawful means conspiracy proceedings against various expert witnesses.
- Instructed by HF Limited in the seminal committal case of Liverpool Victoria v Zaffar [2019] EWCA Civ, [2019] 1 WLR 3833, in which the Court of Appeal gave guidance about the general approach to sentencing in contempt cases.
Selected Cases
Costs
Paul is regularly instructed in relation to costs matters and litigation funding. He has appeared in the Court of Appeal in relation to such matters and has significant experience in the assessment of costs. Paul has particular experience in obtaining costs orders against non-parties (including expert witnesses) and wasted costs orders against legal professionals.
Selected Cases
- Qader v Esure Services Limited [2016] EWCA Civ 1109 – Whether fixed costs apply to low value RTA protocol claims that are subsequently allocated to the Multi-Track.
- Hall & others v Stone [2007] EWCA Civ 1354 – Costs consequences of exaggeration, non-part 36 compliant offers.
- Trehan v Liverpool Victoria Insurance Co. Limited [2017] 10 WLUK 21 – Successful application following a 6-day hearing for wasted costs against ASONS solicitors and for a non-party costs order against a so-called ‘professional enabler’.
- Topham v Ageas Insurance Limited Liverpool CC, HHJ Graham Wood KC, December 2016 – Analysis of the reporting practices of Dr. Grace Kerali over hundreds of cases, whose opinion was challenged on the grounds that her prognoses for recovery from soft tissue injuries were outside the reasonable range. An application for non-party costs was pursued against Dr. Kerali who subsequently consented to an order under which she paid Ageas’ costs of the litigation.
- Clarke v Thompson Liverpool CC, DJ Henthorn, December 2015 – Wasted costs application against Hampson Hughes solicitors, who were ordered to pay 50% of the costs of a number of unsuccessful claimants. The Judge found that a retainer letter contained misleading information that would have induced many to believe they would have no costs liability in the event of unsuccessful litigation, and there was a likelihood though not a certainty that the Claimants may not have instructed Hampson Hughes to start litigation absent those misrepresentations.
Recommendations
“Paul is very knowledgeable and very prepared. He knows his stuff.”…”He is an excellent barrister.”
Chambers and Partners, 2026
“Very eloquent in court, puts forward extremely persuasive and powerful arguments, and thinks swiftly on his feet.”
Legal 500, 2026
“Paul is first-choice counsel for counter-fraud work in high-value litigations.”…”Paul has an excellent reputation with insurer clients and solicitors; he is treated as the gold standard.”…”Paul gets really stuck into his cases.”
Chambers and Partners, 2025
“Extremely impressive in all his advocacy and written work.”
Legal 500, 2025
“Paul has an excellent manner and is a pleasure to work with.”
Chambers & Partners, 2024
‘A master strategist in fundamental dishonesty claims that can be quite nuanced.’
Legal 500, 2024
“He knows his cases backwards, is always incredibly well prepared, and is good at articulating his points.”
Chambers and Partners, 2022
“A go-to barrister with a wealth of experience in defending fundamental dishonesty claims.”
Legal 500, 2022
“Extremely knowledgeable, strategic and commercially astute when advising upon fundamental dishonesty – a force to be reckoned with in this field of expertise.”
Legal 500, 2021
“He is an excellent barrister with a fearsome reputation.”; “He’s an extremely strong performer. You go to him if you have a hard case that needs to be presented strongly.”; “A leading barrister in this field.”
Chambers & Partners, 2021
“Clearly a leading member in this field.” “Absolutely fantastic. One of the leading authorities.”
Chambers and Partners, 2020
‘Fields a strong practice in motor insurance fraud and regularly defends insurers against claimants looking to defraud them. He has appreciable experience of handling committal proceedings and putting cases before the Court of Appeal. Higgins is often instructed in high-value and complex claims. “Very robust in his advocacy.” “An excellent barrister.” Recent work: Acted for Liverpool Victoria in committal proceedings against two solicitors and a doctor relating to an amendment to a medical report’.
Chambers and Partners, 2019
‘Astonishing on his feet.’
Legal 500, 2018
