Top banker attempts to keep child maintenance battle secret

ONE of Scotland's most prominent bankers is fighting a claim by his ex-wife for support of £5,000 a month for their 11-year-old daughter.

Bernard "Benny" Higgins, 50, the chief executive of Tesco Bank, argues that 3,000 a month should be enough for the girl's needs, but his former wife is taking the dispute to court.

Yesterday, lawyers for Mr Higgins sought an order to restrict reporting of the case, which could have given him anonymity.

He was accused by his ex-wife, Christine, of trying to shield himself rather than their child.

Lady Clark agreed at the Court of Session in Edinburgh that curbs should be imposed on the media, but only in respect of the child. She said Mr and Mrs Higgins would not be protected by the order.

The couple were divorced in 2007, and Mr Higgins, whose career has seen him attain posts with Standard Life, Royal Bank of Scotland and HBOS before his current position, agreed to make financial provision for his daughter.

In her court action, Mrs Higgins said the sum was to be 5,000 a month. She pointed out that Mr Higgins had received "a significant income" from HBOS at the time, and had "significant capital resources." Their lifestyle during the marriage had been "commensurate with his financial circumstances".

Last September, Mr Higgins announced that he wanted to reduce the payment because of a change in his circumstances.

He had become a father to twins, he said, bringing to six, including the 11-year-old girl, the number of children he required to support.

The Child Support Agency imposed a figure of 872 a month for the girl, and he has voluntarily paid a total of 3,000 a month.

Mrs Higgins is claiming 5,000 a month on top of the CSA figure of 872.

She insisted that Mr Higgins was in a position to pay and that the award she sought was justified and reasonable.

Mr Higgins said he had "significant ongoing obligations" to meet from his income.

He paid the girl's school fees and was happy, in addition, to continue paying 3,000 a month. He considered such a sum "will allow all her reasonable needs to be met" and that 5,000 would be excessive.

In civil cases in Scotland involving children, orders are often sought under the Children and Young Persons (Scotland) Act 1937 to prevent reporting of the child's name, address or school, and "any particulars calculated to lead to the identification of the child".

Unlike the English superinjunctions currently much in the spotlight, the Scottish orders are not reserved to the rich and famous.

And while it is the child who is to be protected, the parents usually also benefit through the "any particulars calculated" provision.

Lawyers for Mr Higgins asked Lady Clark for an order in the conventional terms.

However, Morag Wise, QC, for Mrs Higgins, argued that if any order was to be made, it should be only in respect of the girl's name, address and school.

Ms Wise said that Mrs Higgins was the child's carer, was with her everyday, and she did not believe there was anything to support a bald assertion by her ex-husband that publicity in the case would be harmful, embarrassing and contrary to her best interests.

"(Mrs Higgins] says he has little contact with the child, and she believes this is about him trying to protect himself, not about him trying to protect his child at all," added Ms Wise.

John Speir, counsel for Mr Higgins, said it was important to remember that Mrs Higgins was the person pursuing the court action and seeking a financial outcome in her best interests.

"She says he is more likely to defend the action if he has a cloak of anonymity. But her motive has to be weighed in the balance.

"It would be dangerous to accept, just because she says it, that no harm would come to the child, standing that publicity in fact is a weapon in her armoury to force a settlement that may not be justified," said Mr Speir.Lady Clark said she took into account that the case involved, simply, a financial dispute.

There were no allegations of neglect or the like, which often featured in cases involving children.

She said she had decided to make an order to the extent that no report should reveal the name, address or school of the girl, or include a photograph of her.

"I am not granting an order which would restrict identification of the parties," added Lady Clark.

The case is due to return to court next month.

HIGH-FLIER

BENNY Higgins is one of Scotland's most high-profile banking figures. He has been in charge of Tesco Bank and its predecessor, Tesco Personal Finance, since 2008, having held senior positions with HBOS, RBS and Standard Life.

Mr Higgins's daring business moves have kept the financial sector agog, while his love life has attracted the tabloids.

In 2007, he received a 2 million golden goodbye for 15 months' work, leaving his post as head of HBOS retail business branch after chief executive Andy Hornby decided to split his retail division. He said there was "no role within the new structure that would satisfy my ambition".

He is four times married and has six children. His partners have tended to be women he's worked with - his wife Virginia is a former deputy director of HBOS.

The young Mr Higgins captained Celtic boys' team. He was the first in his family to get into university, and he trained as an actuary.