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Rupert Higgins
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Rupert was amongst the first wave of barristers to recognise the merits of dispute resolution through mediation, becoming an accredited mediator in 2004.

Since then he has been involved in all aspects of mediation and was counsel in Frost v Wake Smith & Tofields Solicitors [2013] EWCA Civ 772, the leading Court of Appeal authority on the role of solicitors and the enforceability of settlement agreements reached at mediation.

He understands the importance of personalities in the mediation process and the need to avoid a one-size-fits-all approach to the negotiation, as well as believing that the role of mediator is more than that of a messenger between aggrieved parties. It involves the need to understand, to engage with, and where appropriate, to challenge those parties to help them reach the right agreement, not just any agreement.

Specialist areas of practice

  • Professional negligence and indemnity, including issues relating to solicitors, licensed conveyancers, valuers, architects and accountants
  • Property including commercial and residential landlord and tenant
  • Commercial disputes including partnership disputes
  • Insolvency and Restructuring with a particular emphasis on directors’ and officers’ duties and liabilities.

Examples of recent mediation experience

  • A dispute between purchasers and property developers including allegations of fraudulent misrepresentation
  • A claim in negligence and breach of regulatory provisions in relation to Independent Financial Advisers (IFAs)
  • A claim in relation to the return of a disputed tenant’s deposit
  • A claim in negligence against a firm of accountants where the matter was personal to the Claimant who was a partner in that firm
  • A claim against a firm of solicitors for the negligent failure to ensure that an intended development site enjoyed all necessary rights to carry out the development

Professional Associations

  • Commercial Bar Association
  • Professional Negligence Bar Association
  • Professional Negligence Lawyers Association
  • Property Bar Association
  • Public Access Bar Association

Qualifications

  • MA (Cantab)
  • Mediator (Accredited by ADR Chambers UK June 2004)
  • Justice of the Peace
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