PAUL HIGGINS

Call 1996     Lincoln’s Inn

Personal injuries
Fraud (Motor)
Professional liability

MA (Oxon)

higgins@deanscourt.co.uk 

Education

Manchester Grammar School and Trinity College, Oxford

Areas of Practice 

High Value Personal Injuries

Paul Higgins has developed a formidable reputation for Defendant work in personal injuries, dealing with a wide range: road traffic, public liability, industrial accidents and industrial disease. His practice encompasses the whole spectrum, up to and including catastrophic injuries valued in excess of £6 million.

His caseload is such that he will ordinarily accept instructions in multi-track claims only, or where there is a point of substance or complexity justifying the instruction of senior counsel.

He is particularly instructed where complicated issues of liability arise, or where discreet items of loss in a catastrophic injury claim require detailed analysis. He has a firm but fair manner in negotiations and has a robust approach to advocacy in the event that a claim is pursued beyond its reasonable limits.



Recent cases include

Fraudulent Claims

Paul Higgins has a particular expertise in defending claims in which dishonesty or exaggeration is suspected, and has appeared regularly in the Court of Appeal and High Court in respect of such matters. Further, he is often instructed in defending multi-handed claims and groups of linked claims. His practice is such that he will ordinarily accept instructions only where a case is substantial or complex. He also has significant experience in the advocacy involved in committal proceedings for contempt consequent upon findings of dishonesty and has appeared in the High Court and Court of Appeal in respect of such matters. 

 

Costs

Paul Higgins also specialises in costs litigation and has appeared in the Court of Appeal and below in respect of costs matters. He is available to advise on the whole spectrum of issues that can arise.  

Commercial Litigation/Fraud

He also accepts instructions in respect of commercial litigation (typically involving insurance related matters and/or where allegations of dishonesty are likely to be made). 

Professional Associations

Personal Injuries Bar Association 


Professional Negligence Bar Association 

Notable Cases   

Rowan v Charnock [2012] EWCA (consideration of Denton Hall v Fifield)

Esure v Tariq Ali [2011] EWCA Civ 1582 (Jurisdiction of single judge sitting in the High Court to make a committal order for an alleged contempt of court in proceedings that were commenced in the county court but were subsequently transferred to the High Court)

Singh & Others v Habib & AIG [2011] EWCA Civ 599 (Application of Ladd v Marshall principles to fraudulent claims)  

Daniel Locke v James Stuart & Axa Corporate Solutions Services Limited [2011] EWHC 399 (QB)  (Case management guidance in conspiracy claims)  

Esure v Israr Hussain Shah [2011] (QB) Bradford District Registry (Committal proceedings - sentence of 18 months for involvement in conspiracy to defraud motor insurers)  

Crompton v Dunn Line (CA) [2008]  (Judicial interventions rendering trial unfair) 

Mahmood v Shaw [2008] (QB) (Akenhead J) (Application of Casey v Cartwright)

Singh v Hollins Travel [2008] (so called ‘wedding crashers’ case - 3 week trial involving 25 claims from two minor coach accidents, claims were dismissed at trial and three of the claimants received custodial sentences for their part in the attempted fraud)  

Francis and Others v Wells and Churchill Insurance [2007] EWCA Civ 1350 (Burden and standard of proof in RTAs in which fraud is suspected)



Hall and Others v Stone [2007] EWCA (Costs consequence of exaggeration; non-part 36 compliant offers)

Casey -v- Cartwright [2006] EWCA Civ 1280 (Application of Kearsley -v- Klarfield) 



Kearsley -v- Klarfield [2006] EWCA Civ 1510 (Low impact collision claims)

Bannister -v- SGB plc [1997] 4 All ER 129 (Striking out)