Rupert Higgins

Introduction & Contact details

After a Landlord and Tenant pupillage and 10 years in a specialist commercial and construction set of chambers, Rupert now deals with all aspects of property and commercial litigation with a large element of professional negligence work.

Qualifications

• MA (Cantab)

Professional Associations

• Commercial Bar Association
• Professional Negligence Bar Association
• Property Bar Association
• Technology & Construction Bar Association

T:   020 7242 2523 (switchboard)
F:   020 7691 1234
E:   rupert.higgins@hardwicke.co.uk

Professional Negligence

Rupert’s grounding in Real Property provides a sound basis for acting in cases of professional negligence involving solicitors, conveyancers, surveyors and other property practitioners, and this has now become a mainstay of his practice. He is instructed by leading solicitors on behalf of professional indemnity insurers and defendant professionals in a number of aspects of negligence, including solicitors’, accountants’ and architects’ negligence and disputes over estate agents’ retainers.

Recent Work

• Claims against solicitors in relation to the conduct of conveyancing, leasehold enfranchisement, commercial property transactions and the grant of options, all involving issues of duty (including the scope of duty to the other party to the transaction), causation and loss.
• Claims against solicitors and barristers in the conduct of litigation.
• A claim against solicitors in the conduct of interventions.
• Claims against surveyors both as valuers and managing agents.
• Claims against Architects in relation to negligent design, supervision and cost control.
• Claims against Accountants in relation to the provision of tax planning and the negligent conduct of Receiverships

Relevant Cases

Tankaria v L Morgan & Co [2006] EWHC 3090 (Ch)
Case involving alleged contempt of court and a resulting committal including successful appeal against a costs order.

OPM Properties v Venner [2003] EWHC 427 (Ch)
Case concerning liability of an estate agent.

Commercial

Rupert has considerable experience acting as advocate in mediations and is himself a qualified mediator. The latter gives him insight into the mediation process and helps develop the crucial relationship with the mediator which, as an advocate, is paramount in achieving the best outcome for his clients, not just settlement for settlement’s sake.

Banking, Finance & Credit

Rupert acts in connection with a broad range of commercial litigation, but has particular experience of commercial lease finance disputes including guarantees and securities.

Relevant Cases

Black Arrow Finance v Orderdaily [2002] EWCA Civ 289 (Court of Appeal)

Construction & Engineering

After 10 years in a specialist commercial and construction set of chambers Rupert has built up extensive experience of construction and engineering disputes including architects’ negligence and fire damage claims.

Relevant Cases

Ashtenne (AIF) Ltd v O’Neill [2006] EWHC 2884 (Ch)
Case concerning trespass by the owner of plant and machinery at factory premises including a substantial dispute as to the cost of removal

Partnership

Rupert has been involved in several partnership disputes involving property developers, accountants and estate agents.

Relevant Cases

Foreman v King [2008] EWHC 592 (Ch).
Contested division of partnership assets

Civil Fraud

Rupert’s commercial practice covers all aspects of civil fraud, as well as issues of fiduciary duties and undue influence.

Recent Work

• The enforcement of lease finance agreements and guarantees involving allegations of forgery, fraud and undue influence.
• A successful attack on the bona fides of an alleged discretionary trust.

Relevant Cases

Black Arrow Finance v Orderdaily [2002] EWCA Civ 289
Court of Appeal case of fraudulent misrepresentation

Insolvency & Restructuring

Rupert has dealt successfully with a number of partnership disputes involving property developers, accountants and estate agents.

Recent Work

• A challenge to the conduct of a Court Appointed Receiver including breaches of duty and professional negligence
• A dispute between a large PLC and its former director in relation to breaches of director’s duties
• A £25m claim involving breach of trust in connection with a property development scheme

Property & Private Client

Rupert accepts instructions from many disparate clients and has developed a large amount of experience. He takes advisory and practical work relating to such matters as planning issues, wills, trusts and property management.

Land & Real Property

The core of Rupert’s practice remains in the areas of real property. His real property practice encompasses boundary and easement claims, adverse possession, beneficial interests, trusts of land, proprietary estoppel and restrictive covenants, as well as mortgages, LPA Receiverships and charging orders. A large part of his work is in the area of commercial landlord and tenant (see above).

Recent Work

• Court of Appeal determination of the construction of a conditional contract for the sale of land
• Specific Performance claims including bulk claims in relation to a 300 flat development
• Damages claims on back-to-back sales
• Claims for adverse possession including those heard by the Adjudicator to HM Land Registry
• The disputed interest of a bankrupt in property held in the name of a third party
• Claims against mortgagees in possession for breach of duty to their borrowers
• Claims for beneficial interests in property ranging from a former matrimonial home to a £5m property portfolio
• A claim under s.101 Rent Act 1977 for compensation for a possession order obtained by deception

Relevant Cases

McGahon v Crest Nicholson [2010] EWCA 842 (Court of Appeal)
On the question whether land contract can be validly rescinded after the right to do so has arisen but the default giving rise to the right has already been cured

Strategic Property v O’Se [2009] EWHC 3512 (Ch)
On the question whether an intermediary’s damages for a buyer’s failure to complete can include damages arising from the intermediary’s own consequential non-completion of a related head contract in a back-to-back sale

Landlord & Tenant - Commercial

A large part of Rupert’s work is in the area of commercial landlord and tenant including breaches of covenant, nuisance, forfeiture and commercial lease renewals. This part of his practice includes claims against original lessees and guarantors of tenant’s obligations. He also has expertise in private residential landlord & tenant claims usually involving extensive disputes of fact.

Recent Work

• Contested forfeiture proceedings varying from a Soho nightclub to a South London railway yard
• A disputed claim for statutory compensation under the Landlord & Tenant Act 1954
• A claim against an original lessee disputed on the basis of a contested allegation that the lease had been forfeited
• A claim for specific performance of an agreement to grant a commercial lease based on proprietary estoppel
• A claim involving the disputed existence of an implied periodic tenancy of a health club where the original lessee was dissolved

Relevant Cases

Ashtenne (AIF) Ltd v O’Neill [2006] EWHC 2884 (Ch)
Case concerning trespass by the owner of plant and machinery at factory premises including a substantial dispute as to the cost of removal

Landlord & Tenant – Residential

Rupert accepts instructions from both landlords and tenants relating to all aspects of property disputes, such as:

• claims for the possession of residential property and related injunction claims,
• recovery of service charges.
• disrepair and nuisance cases
• succession and loss of security
• unlawful eviction and harassment claims

Trusts of Land

Hardwicke has a strong team in this area of law. Rupert accepts instructions to give advisory work as well as practical work. He has received commendation amongst property law practitioners as well as clients.

Relevant Cases

Banerji v Devi [2005] Ch (Laddie J)