Year of Call: 2002

Profile

Gabrielle’s practice is principally property litigation, but she is also often asked to advise on substantial transactional problems.

Her work covers all aspects of land law - both real property and landlord and tenant - including mortgages, easements and restrictive covenants; overage, options and pre-emption rights; business tenancy termination and renewal, residential security and agricultural holdings; forfeiture, breach of covenant and rent review; and leasehold enfranchisement.  It also includes disputes relating to telecommunication sites, both under the 1954 Act and the Code, and she has a particular interest in the property aspects of ecclesiastical law.

Her clients include banks and mortgage lenders, property investors and developers, high street retailers, Pub Co.s and FTSE 100 companies, as well as local authorities and private individuals. She appears not only in the High Court and the County Court, but also before the Adjudicator and in the LVT.

Gabrielle is the co-author of Landlords' Consents: A Practical Guide, published in March 2009.

Notable Cases

Menolly v Cerep Sarl (2009): whether a development in Cheapside had validly been certified as practically complete so as to trigger completion of the sale of the development
R v H (2008): application of Protection from Eviction Act 1977
Progress Property Co Ltd v Moore (2008): directors' duties on the sale of a property holding subsidiary
Progress Property Co Ltd v Tradegro (UK) Ltd (2008): construction of an indemnity
Cross Construction Sussex Limited v Tseliki (2006): jurisdiction in insolvency proceedings
R (On The Application Of Tull) v Camberwell Green Magistrates' Court & Anor (2004): freeholder wrongly charged with council tax

Memberships
Property Bar Association
Chancery Bar Association
Ecclesiastical Law Society

Qualifications
MA (Oxon)

Chambers UK
Real Estate Litigation: "She is a hard worker who does not shy away from engaging with the detail," (2010) "the “extremely clever” Gabrielle Higgins is a very valued junior at the set."(2009) "Instructing solicitors were no less keen to highlight the brightness of Gabrielle Higgins, as well as the "wonderful clarity of her advice." "She does a sterling job for clients" ..." (2008)

Legal 500
Property Litigation: "can easily handle cases against more senior opponents" (2009) "a real rising star" (2009)