Fiona Higgins
Partner
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Fiona specialises in civil fraud litigation, advising clients bringing or defending civil fraud proceedings, often involving injunctions and often with an international dimension. Fiona regularly advises on freezing orders and asset tracing. She is a recommended Global Leader in Who’s Who Legal: Asset Recovery Global Guide 2022 and listed as a Thought Leader in the Who’s Who Legal: GIR – Asset Recovery 2022 Guide.
Fiona regularly advises (working closely with our Corporate team) directors, shareholders and companies involved in breach of duty disputes or unfair prejudice petitions. She also advises clients in commercial dispute resolution matters including breaches of contract, partnership disputes and professional negligence. Fiona has acted on many cases involving jurisdiction matters where a party is domiciled outside England and Wales and/or where the subject matter of a claim involves other jurisdictions.
Fiona is actively involved in the firm’s Internal Investigations and Anglo French services teams.
Fiona never underestimates the emotional involvement in litigation and the impact on clients. She understands that clients have to be able to carry on running their business and so takes the strain of the litigation from them.
She has been appointed by the High Court to act as a Supervising Solicitor in relation to the execution of Search Orders.
Fiona is listed in the global directory Who’s Who Legal for Asset Recovery and Legal Investigations and is recommended by Chambers and Partners and The Legal 500.
Fiona is a French speaker who has lived and worked in France.
Areas of expertise
- Commercial and Contract Disputes
- Shareholder and Director Disputes
- Professional Negligence
- Civil Fraud and Investigations
- Financial Services Disputes
- International and Cross-Border Disputes
Recent work
- Successfully defending (in the High Court and the Court of Appeal) JSC BTA Bank’s claim against Madiyar Ablyazov that monies given to him by his father were caught by freezing orders obtained against his father and should be paid to BTA in part satisfaction of judgments obtained against his father [2016] EWHC 3071 (Comm) and [2018] EWCA Civ 1176
- Defending a claim brought by investors in a fraudulent scheme attempting to trace their losses into a family home owned by our client – Ward and others v Savill [2020] EWHC 1534 (Ch) and [2021] EWCA Civ 1378
- Obtaining a freezing order against an individual who unlawfully and in breach of trust removed several million pounds from a joint bank account, and recovering those monies for our client
- Representing an individual in defending a freezing order obtained without notice, and in support of arbitration proceedings, by a major Russian bank in the maximum sum of EUR 64.4 million
- Acting for an individual based in Switzerland defending fraud allegations and a freezing injunction
- Acting for a company involved in a joint venture defending a prohibitory injunction obtained by its joint venture partner
- Defending a finance director against allegations of fraud and breach of duty relating to the sale of a company
- Acting as the court appointed independent Supervising Solicitor on Search Orders obtained in fraud proceedings
- Successfully bringing a claim to enforce the terms scheduled to a consent order in Tomlin form – Trebisol Sud Ouest SAS and another v Berkley Finance Limited and others [2021] EWHC 2494 (QB)
- Advising a client who was served with a Search Order by text and What’s App and advising on compliance with that Order and defending the underlying claim
- Obtaining a freezing order against a firm of accountants and one of its partners who had removed monies from a number of clients’ trust accounts and obtaining Bankers Trust orders against the defendants’ bank
- Acting for a UK company, its directors and shareholders defending allegations of advanced fee fraud brought by claimants based in Iraq and the Turks & Caicos Islands
- Defending an individual and a firm in civil fraud proceedings relating to unauthorised payment of monies held in escrow
- Acting for a company bringing a claim against a director for breach of duty and making a secret profit
- Successfully defending a claim brought against our company client by an individual purporting to be a shareholder of the company for rectification of the register of members
- Advising a company in respect of an EGM at which a director/shareholder attempted to have 2 individuals appointed to the Board and obtaining an injunction to prevent those 2 individuals holding themselves out/acting as directors of the company -Findmyclaims.com Ltd v Howe [2018] EWHC 1833 (Ch)
- Acting for a restaurateur (director and majority shareholder) and one of his co-directors successfully defending an unfair prejudice claim brought against them by a minority shareholder/director
- Successfully striking out proceedings in England for want of jurisdiction, acting for (1) a Swiss based director of a BVI company and (2) a US based director of an English company
- Pursuing and defending professional negligence claims against surveyors, insurance brokers, solicitors, barristers, accountants and tax advisers
- Defending a high profile individual facing multiple directors’ disqualification proceedings
- Advising companies and individuals who have fallen victim to Vishing frauds to recover monies from banks.
Professional societies and Memberships
- Fraud Lawyers Association (committee member)
- Commercial Fraud Lawyers Association
- London Solicitors Litigation Association