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Paul Higgins

Call 1996

‘An extremely sharp intellect... his cross-examination is phenomenal... what distinguishes him more than anything is his photographic memory... brilliant on his feet’
(Chambers UK & Legal 500 2017-19)

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 QC, 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.
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Recommendations


‘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

‘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. “A big player in this market,” who is “excellent at all aspects of counter-fraud litigation, and in particular trial advocacy and appeal hearings.” “He fights valiantly.”

Chambers and Partners, 2018

‘He has an extremely sharp intellect.’

Legal 500, 2017

Fields a strong practice in motor insurance fraud and regularly defends insurers against claimants looking to defraud them. Has appreciable experience in handling committal proceedings and putting cases before the Court of Appeal. “He has a national reputation for this type of work and his cross-examination is phenomenal.”

Chambers UK, 2017

‘An expert in fraud claims, who is brilliant on his feet.’

Legal 500, 2016

‘Enjoys a national reputation for his work in the motor insurance fraud area. He has particular experience in committal proceedings where, sources say, “he has helped to stiffen up the law.” “He’s excellent. What distinguishes him more than anything is his photographic memory.” “He goes beyond what’s expected. He’s already got an amazing reputation but he’s incredibly modest given how intelligent he is and how good he is at the job.”

Chambers UK, 2015


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