Annie Higgo

Real property

Annie’s property practice focuses on real property issues, and she is frequently instructed in cases concerning estoppel, restrictive covenants, trusts of land, options, issues of land registration, the priority of interests in land, trespass, easements and issues regarding setting aside transfers of land for fraud or undue influence. She is confident in dealing with specialist land registration areas such as applications to discharge or modify restrictive covenants, issues of priority, and the cancellation of notices, particularly in the development context. She recently appeared as sole counsel in a complex land registration case concerning an abortive property development and the contested removal of a unilateral notice protecting an option to secure development of a church. She successfully resisted arguments relating to proprietary and promissory estoppel, alongside estoppel by convention, estoppel by waiver and issues of charity law concerning the validity of dispositions of property under the Charities Act 2011 and 2022.

She has acted as sole counsel in multitrack trials concerning trusts of land and appeared led in the Court of Appeal in Prescott Place v Batin and Donovan, dealing with fundamental questions of the nature and creation of interests in land and the priority of those interests. She was also instructed as junior counsel in the successful application for permission to appeal to the Supreme Court, led by Philip Rainey KC and Michael Walsh KC. She is confident dealing with property issues involving the administration of estates and appointment of representatives, alongside dealing with issues arising out of insolvency in relation to property.

Agriculture & rural

Annie has experience in advising on matters of agricultural tenancies and agricultural property matters in both pure agricultural and mixed-use scenarios. Annie has advised and acted in relation to possession proceedings, notices to quit, bad husbandry and wider claims regarding tenancies under the Agricultural Holdings Act 1986, under the Agricultural Tenancies Act 1995, protected agricultural occupiers under the Housing Act 1988 and tenancies under the Rent Agriculture Act 1977. She is also happy to deal with matters relating to covenants and proprietary estoppel concerning agricultural land, and all manner of disputes as to beneficial ownership.

She is also experienced in dealing with TOLATA matters relating to agricultural land and property, in particular orders for sale and the strategy and structure of the same.

Commercial property

Annie regularly deals with commercial landlord and tenant cases, particularly concerning  forfeiture and the renewal of commercial tenancies under the Landlord and Tenant Act 1954, alongside development issues related to commercial property. She is confident in acting and advising in connection with contested renewals on all grounds. Annie regularly deals with commercial possession proceedings and complex questions regarding the formation of leases, whether 1954 Act protection applies, and whether any grounds for refusal of a new tenancy can be made out, from both landlord and tenant side.

Annie is currently instructed as junior counsel (led by Michael Walsh KC) in a multi-million pound dispute concerning a commercial entertainment premises in the north of England regarding issues of commercial lease construction and allegations of deceit.

Equine

Annie has developed a niche practise advising and bringing proceedings in respect of the purchase and ownership of horses, including issues under the Consumer Rights Act 2015, the Sale of Goods Act 1979, misrepresentation and professional negligence. Annie is particularly interested and knowledgeable on issues surrounding performance horses across the equestrian disciplines, given her particular knowledge of the sport and issues surrounding it.

Annie is also experienced in dealing with equine property law related matters such as those related to livery yards and equestrian tenancies, particularly in relation to probate or other disputes relating to the administration of estates, or in the commercial landlord and tenant context.

Estates, trusts and probate

Annie regularly acts and advises in contentious probate matters, including applications under the Inheritance (Provision for Family and Dependants) Act 1975.

She is confident in dealing with issues concerning estates, executors and administrators, claims relating to the distribution of estates, claims for remedies under TOLATA 1996, claims for the removal of executors and for reasonable provision under the Inheritance Act. She is particularly adept at dealing with probate, trust or administration matters with complex property law elements in combination, such as subsisting tenancies, issues of possession and competing claims for beneficial interests. She also has experience in dealing with questions of undue influence, want of knowledge, capacity issues and other challenges to the validity of wills or dispositions of property.

Residential property

Annie is confident dealing with residential possession claims in complex ownership scenarios or structures, or in wider estate or mixed use contexts, particularly arising out of wider disputes. Annie also deals with residential trespass and breach of covenant proceedings.

Annie is particularly experienced in dealing with possession matters regarding estates and probate disputes. She appeared in Ford v The Estate of Ammah (2024, Unreported), a rolled up appeal hearing (having also appeared in the underlying possession claim), in which she successfully resisted the grant of permission to appeal at an oral hearing before HHJ Roberts. The claim dealt with issues of service of notices on personal representatives and the Public Trustee, overriding interests of persons in actual occupation, limitation issues and procedural considerations around the appointment of personal representatives under CPR r.19.12. She is presently instructed in a complex possession claim involving setting aside an inter vivos transfer of property on the grounds of undue influence and lack of capacity, slated to be heard over 5 days in the County Court at Central London in late 2026.

Commercial and franchising

Annie also deals with matters of pure commercial law and in particular franchising.

Annie appeared led by Andrew Butler KC in Ellis v John Benson Limited in the High Court in March 2025 in a 5 week trial concerning obligations of good faith in a franchising context. Annie is confident in dealing with all commercial issues and issues of construction of contracts and contractual issues.

Notable cases

• Ellis v John Benson Limited [2025] EWHC 2096 (KB): Appeared led by Andrew Butler KC in a seminal case dealing with issues of obligations of good faith in the franchising context before Freedman J. Annie undertook cross-examination of a number of the 20 witnesses herself. The claim is currently scheduled to be heard in the Court of Appeal in December 2026.
• Prescott Place v Batin and Donovan [2024] EWCA Civ 298: Instructed in the Court of Appeal (led by Michael Walsh KC) to represent the respondent in a case concerning the operation of orders under section 19 of the Landlord and Tenant Act 1987. The case primarily concerned issues of interests in land, priority and injunctions, alongside consideration of the Henderson v Henderson doctrine. Instructed as junior counsel to Philip Rainey KC and Michael Walsh KC in the successful application for permission to appeal to the Supreme Court.
• The Trustees of Lewisham Spiritualist Church v John Connellan & Princess Gate Properties Ltd (Ref/2025/2013 – May 2026): Appeared as sole counsel for the Applicants in a two day hearing in the FTT Land Registration division concerning the removal of a unilateral notice protecting an option held by the Respondent developers. Annie successfully resisted arguments about proprietary estoppel by convention and estoppel by waiver, and the notice was removed, enabling the church to freely deal with their property after a protracted dispute. The case also dealt with complex issues regarding the Charities Act 2011 and dispositions of charity property.
• McGovern v Shanon and Torres (unreported, 1-2 August 2024): Appeared as sole counsel for the Claimants before hHJ Murch concerning a complex possession claim with a counterclaim for harassment, misrepresentation, and for purported breaches of covenants as to repair and quiet enjoyment. The claim dealt with complex issues of the creation of tenancies, surrender and promissory estoppel. Annie successfully obtained a possession order and money judgment in favour of the Claimants, and the counterclaim was dismissed in its entirety.
• Ford v Estate of Ammah (Unreported, 8 October 2024): A rolled-up permission to appeal and appeal hearing before HHJ Roberts concerning issues of service of notices on personal representatives of estates and the Public Trustee, the appointment of personal representatives under CPR r.19.12, issues of limitation, fraud and the overriding interests of persons in actual occupation. Annie appeared on behalf of the grant of permission to appeal at the oral hearing, upholding the original possession order made by the District Judge.

Qualifications

• Bar Vocational Studies (Outstanding), City, University of London (2022)
• GDL (Commendation), City, University of London (2021)
• BA, History, Christ Church, University of Oxford (2020)

Memberships

• Agricultural Law Association
• Property Bar Association
• Chancery Bar Association

Awards

• Readers’ Scholar, Middle Temple (2021-2022)
• LJ Sachs Entrance Exhibitioner, Middle Temple (2021-2022)
• Academic Scholar, Christ Church, University of Oxford (2018-2020)