Tim Higginson has a varied practice which principally encompasses commercial and chancery litigation, professional negligence disputes and sports-related matters. He has acted as arbitrator in commercial disputes and is an accredited mediator. He is a regular contributor on sports law matters to both commercial and BBC radio, particularly Radio 5 Live.

Specific Practice Areas

Commercial and Chancery Litigation

His work has covered a number of areas including contractual disputes, sale of goods, passing off and bills of exchange, and, particularly, interim applications including Search and Freezing orders. Reported cases include:

London Borough of Camden v Alpenoak Limited, 1986 NLJ, (breaches of undertakings to court)
John Laing Construction Limited v Dastur [1987] 1 WLR 686, (tender before action in contract)
Smith v Springer [1987] 1 WLR 1720, (payments into court)
Filemart Ltd v Avery [1989] 2 EGLR 177, (enforcement and committal proceedings)
Hussey v Eels [1990] 2 QB 227, (mitigation of damage in tort)
Long v Jones, The Times, 6 March 1990, (sales in market overt)
Michael v Ensoncraft Limited [1990] EGCS 156, (damages)
Nationwide Building Society v Bryan Lewis [1997] 1 WLR 1181, (partnership)

Professional Negligence

He has twenty five years’ experience of disputes concerning, principally, solicitors, barristers, valuers/surveyors and accountants. Principal reported cases include:

Bristol & West Building Society v Mothew [1998] Ch. 1, (leading authority on fiduciary duty and breach of trust principles)
Bristol & West Building Society v May, May & Merrimans [1996] 2 AER 801, (solicitors’ negligence in mortgage lending cases)
Nationwide Building Society v Balmer Radmore & Ors [1999] Lloyd’s PNLR 235, (professional negligence in mortgage lending cases)
Nationwide Building Society v Thimblebys [1999] Lloyd’s PNLR, (contributory negligence and deceit)
Matrix Securities Limited v Theodore Goddard [1998] STC 1 , (barrister’s and solicitors’ negligent advice)

Employment

His practice covers employment matters, particularly contracts. Specifically, he is currently acting for The FA in relation to age discrimination claims brought by Select Group and National List referees.

Sports Law

He has over many years acquired very considerable experience in sports-related matters covering principally the following sports.

Football

He has acted extensively for The FA and the Football League. He specifically acts for the Professional Game Match Officials Limited (“PGMOL”), the division of The FA with full responsibility for the discipline and supervision of all national referees. Additionally, he has acted for and against many premier, championship and lower league clubs, players and managers. Cases, both reported and unreported, include:

Notts County FC v Allardyce, (manager poaching dispute)
Colchester United FC v Birley, (manager poaching dispute)
Silkman v Colchester United, (agency dispute)
Blackpool United FC v Stockport County FC, (manager poaching dispute)
Rotherham United FC v Southend United FC, (commercial dispute)
Bristol City FC v Gillingham FC, (commercial dispute)
Foster v Crystal Palace FC, (contractual dispute)
Pollock v Crystal Palace FC, (commercial dispute)
Launders v Colchester United, (contractual dispute)
Tottenham Hotspur FC v Pleat, (manager poaching dispute)
Football League v Bradford City FC, (commercial dispute)
Football League v Wimbledon FC, (ground re-location dispute)
Football League v edge ellison, (media rights contract dispute)
FA v Rio Ferdinand & Others, (bias)
Football League v Boston United FC and Evans, (financial irregularities)
Football League v Derby County FC, (disciplinary)

In addition, he has appeared in many disciplinary hearings and has re-drafted the disciplinary rules of both the Football League and the PGMOL.

Racing

He has represented racehorse owners, trainers and jockeys in commercial and contractual disputes and in disciplinary matters. Cases, both reported and unreported, include:

Bradley v The Jockey Club, (disciplinary)
The Jockey Club v Towcester Racecourse, (media rights)
Horse Racing Authority v Dean McKeown, (disciplinary)
Horse Racing Authority v Gary Moore, (disciplinary)
Sanderson v O’Neill, (training dispute)
Re Racecourse Association, (rights dispute)
Re GGN Media, (media rights dispute)

Athletics

He has represented athletes and agents. Cases include:

IOC v Ngugi, (doping offence committed by Olympic gold medallist)
Elliott v BAAA, (agency dispute)

Boxing

He has been instructed in a number of disputes. Cases include:

BBBC v James ‘Bonecrusher’ Smith, (licence dispute)
Dalton v Frank Warren, (contractual dispute)

Rugby Football

He has advised a number of players and agents. Cases include:

Gomarsall v Worcester RFC, (contractual dispute)
European Rugby Cup v Williams, Richards & Others, (disciplinary)

World Rally Championship

He has acted in several disputes in this area. Cases include:

Peugeot v Burns & Subaru, (poaching of current world champion)
Peugeot v Dark Dog, (contractual dispute)

Snooker

He has been consulted in a number of disputes. Cases include:

O’Sullivan v 110 Sports Management Limited, (agency dispute)

Additionally, he has been instructed in disputes in other sports including cricket and darts.

Mediation

He qualified as an accredited mediator through ADR Chambers in the mid-1990’s. He has extensive experience in mediating all types of dispute, principally commercial and sports-related. He has received many plaudits for his patient but firm handling of these.

Recommendations

He has been listed in Chambers UK, UK Legal 500 and Legal Experts in the Professional Negligence and Sports Law categories. He was additionally listed in ‘The Lawyer’ as one of three preferred counsel for the Football League. He is listed for 2009-10 as a Top Junior in the Media, Entertainment and Sports Law category.

Memberships

Combar
LCLCBA
London Court of International Arbitration
Chancery Bar Association

Qualifications

LLB Hons. (Yarborough Anderson Scholar, 1976; Palmer Stawell Scholar, 1977)