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Roisin Higgins QC BACK TO ADVOCATES

Roisin Higgins QC

Year of Call: 2000 Year of Silk: 2015

roisin.higgins@axiomadvocates.com
07739 639083
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Areas of Expertise

Professional Experience

Roisin practised as a solicitor for two years before calling to the Bar in 2000. Since then, she has pursued a practice in commercial litigation and has developed a particular specialism in intellectual property law. In that sphere, she has significant experience in: (i) pharmaceutical and medical patent disputes; (ii) oil and gas patent disputes; (iii) parallel importation of trade marked goods; (iv) trade mark protection for large businesses; (v) protection of copyright and design rights; (vi) broadcasting rights under the Copyright, Designs and Patents Act 1988; and (vi) providing advice to football clubs and cricket and rugby associations in relation to trade mark rights, image rights and rights in footage of sporting events. She is a door tenant at 8 New Square, Lincoln's Inn.

  • Case History

    Greater Glasgow Health Board v Multiplex Construction Europe Limited & Ors. [2021] CSOH 115 - Commercial Action (Court of Session) - claim for damages against construction team arising out of alleged defects in the Queen Elizabeth University Hospital.

    MCR OIL Tools LLC v SPEX Offshore (UK) Ltd. and Others [2020] CSIH 23 (appeal); [2020] CSOH 5 (first instance) - Company Law Petition (Court of Session) – opposed application to restore two companies to the UK Register of Companies.

    Reactec Limited v Curotec Team Limited [2020] CSOH 77 - Intellectual Property Cause (Court of Session) – claim of infringement and a counterclaim for revocation of a patent for vibration monitoring equipment. 

    Weatherford Switzerland Trading and Development GmbH v iiiTec Ltd. [2019] SC ABE 87 -  Commercial Action (Sheriff Court) –  claim for declarator and damages following upon breach of a manufacturing and distribution agreement in respect of patents and know-how in the oil and gas sector.

    David MacBrayne Ltd. v ATOS IT Services (UK) Ltd. [2018] CSOH 32 - Commercial Action (Court of Session) – claim for breach of contract made by a large ferry operator against an IT service provider who had been engaged to provide a new booking system. 

    Scanmudring AS v James Fisher MFE Ltd. [2018] CSOH 16 - Commercial Action (Court of Session) – claim for payment of hire charges for a subsea dredging machine and a counterclaim for the costs of retrieving the machine from the seabed. 

    Morgan Sindall Construction and Infrastructure Limited v Westcrowns Contracting Services Ltd. [2017] CSOH 145 - Commercial Action (Court of Session) – action for enforcement of the decision of an adjudicator consequent upon a construction dispute.

    East Dunbartonshire Council v Bett Homes Ltd. [2012] CSIH 1 - Commercial Action (Court of Session) - construction of missives of sale of development land

    Verathon Medical (Canada) ULC v Aircraft Medical Limited [2011] CSOH 19 - Intellectual Property Cause (Court of Session) - patent infringement and revocation with respect to medical devices.

    Bayer Cropscience KK v Charles River Laboratories & Anr 2011 SLT 145 - Intellectual Property Cause (Court of Session) - claim for 'springboard' profits arising out of infringement of a patent for insecticidal products.

    Martin Hines & Ors v King Sturge LLP 2011 SLT 2, 2009 SLT 763 (Court of Session) - duties of care owed by property managing agents to tenants.

    City Inn Limited v Shepherd Construction Limited 2011 SC 127, [2008] BLR 269 - Commercial Action (Court of Session) - construction delay claims, contractual interpretation and waiver.

    Patersons of Greenoakhill Litd. v SP Transmission Ltd. 2010 SLT 115 (Court of Session) - interpretation of provisions of the Electricity Act 1989 and wayleave agreements

    Castle Inns (Stirling) Limited t/a Castle Leisure Group v Clark Contracts Limited [2009] CSOH 174 - Commercial Action (Court of Session) - construction delay claims and resulting claims for loss of profits.

    Cala Management Ltd v The Firm of Messrs A & E Sorrie [2009] CSOH 79 - Commercial Action (Court of Session) - construction of missives of sale of development land. 

    Arrow Generics Limited v Akzo Nobel NV 2008 SC 518, 2006 SLT 919 - Intellectual Property Cause (Court of Session) - revocation of pharmaceutical patent.

     

  • Courts & Tribunals

    Primarily Court of Session, though additionally Sheriff Court, at arbitration and in various tribunals. Roisin has a significant amount of court experience, in proofs, debates and reclaiming motions and, particularly, in applications for interim interdict (interlocutory injunctions).

  • Appointments & Memberships

    Committee Member, The Intellectual Property Lawyers Organisation (TIPLO)

  • Publications

    "Confidentiality: Counselling, Psychotherapy and the Law in Scotland", Tim Bond, Roisin A. Higgins and Alan Jamieson (2001)

    "Confidentiality, Counselling and the Law in Scotland", Tim Bond and Alan Jamieson (2006) – contributor

  • Directories

    Chambers: recommended for Intellectual Property and Commercial Dispute Resolution - "A highly regarded advocate...who brings to her practice recognised experience in a range of intellectual property matters including trade-marks, passing off and design rights." "Always willing to go the extra mile and is excellent in and out of court." "She has the ear of the court. She is able to convince judges in the Commercial Court that her points carry weight." "She is user-friendly and good at delivering what she promises. She's very switched on too." 

    Legal 500 - recommended for Intellectual Property, IT and Media

    World Trademark Review - one of only 5 Scottish counsel recommended

    Who's Who Legal UK Bar 2021 - Recommended for Intellectual Property

  • Additional Information

    Roisin regularly gives seminars on the topic of intellectual property. She also organises and co-chairs the annual Faculty of Advocates World Intellectual Property Day Conference

Professional Career to date

Devil Masters: Ian Duguid QC, W James Wolffe QC.

2015: Year of silk
2000: Year of call
September 1997 - September 1999:Solicitor, McGrigors (Edinburgh office), Commercial Litigation Department
September 1995 - September 1997:Trainee Solicitor, Maclay Murray & Spens (Edinburgh and London offices). Training included experience in commercial litigation, commercial property, venture capital, and mergers and acquisitions.

Education & Professional Qualifications

Lord Reid Scholarship: (1999-2000)
LLB (Hons), Dip LP, University of Glasgow (1990-1995)

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