Victoria Windle

Victoria has substantial experience of a broad range of commercial litigation, with a particular emphasis on pure contract and fraud cases. She has been involved with a number of fraud cases, undertaking work for both claimants and defendants in relation to all stages of such claims, but especially obtaining interlocutory injunctions and freezing and disclosure orders and applications for pre-action and third party disclosure orders.  Fraud cases in which Victoria has acted have involved issues of deceit, misrepresentation, passing off, knowing receipt, dishonest assistance, conspiracy, breach of fiduciary duties and jurisdictional issues. 

Victoria has acted in cases involving diverse aspects of commercial law including construction and interpretation, estoppel, collateral contracts, restitutionary claims, exclusion clauses, penalty clauses and contributions.  She has provided advice and acted for private and commercial clients in cases involving guarantees and indemnities, fiduciary duties, constructive trusts and mistake, and where there are multiple parties and part 20 claims.  Victoria was involved in a large commercial case for the Treasury, relating to procurement for the armed forces.

Victoria has advised in respect of the lawfulness of tools and techniques used to monitor and detect wrongdoing by employees, schemes for the provision of financial services, the impact of import and export licence obligations, data protection issues and partnerships.  She has been involved in cases regarding the construction and effect of regulations made by the financial regulatory bodies.

Clients for whom Victoria has acted in respect of commercial disputes include the HM government, BBC, ITV plc, ING, Clydesdale Bank, Cape Industrial Services, Vodafone, Kodak, the Ministry of Sound, Emirates Airlines, Panasonic, Alfred McAlpine, Britannia Music and Lombard North Central.

• Shell (UK) Limited v Greenpeace
  Acting on behalf of Shell UK in a claim against Greenpeace and persons unknown, arising out of the occupation of Shell petrol stations by protestors.  Included obtaining interim injunctions at short notice and against persons unknown. 
• DeVere Group Limited v AES Financial Services Limited
  Acting for the Claimant, led by Robert Howe QC, in a claim that a competitor company sought to systematically damage the Claimant by means of inducing breaches of contract by the Claimant’s employees, conspiracy and causing loss by unlawful means.  Case ongoing.
• Pantheon Ventures (UK) Limited v Erhnrooth
  Acting for the Claimant in a claim against an ex-employee in respect of breaches of confidence and duty said to have taken place during the course of her employment.  Included an application for an interim injunction.  Claim ongoing.  
• Merrill Lynch International v Liquid Trading International LLP
  Acting on behalf of the Defendant to a claim for restitution on the grounds of unjust enrichment, involving arguments of change of position and estoppel.  Case settled at mediation.
• Media Square PLC  v Hawkins & Others
  Acting on behalf of the Defendant to claims of breach of contract and fiduciary duty and conspiracy in the context of a failed MBO.
• Foxtons Limited v Barclays Bank PLC
  Acted for the Claimant in obtaining a Norwich Pharmacal order against the Defendant in relation to passing off and fraudulent misrepresentation by an unknown third party.   
• Bank of Ireland v Bailey & Others (QBD) [2011]
  Acting, with Tony Peto QC, for the Claimant in relation to claims made against an ex-employee of the Claimant, and a broker and related third parties, including claims of fraud, breach of fiduciary duty, dishonest assistance, knowing receipt, breach of contract and misrepresentation.  Has included obtaining interim injunctions and acting in relation to contested discharge applications, as well as acting the substantive claim.  
• Ultimate Products v RMS and others (QBD Manchester District Registry) [2011]
  Acting for the Defendants in a claim for breach of fiduciary duty, breach of confidence and breach of restrictive covenants arising out of an employment relationship and sale and purchase of a business.  Has included applying for summary judgment and/or strike out (judgment awaited).
• Space AirConditioning Plc v Guy (Ch D) [2011]
  Acted for the Claimant in a claim for breach of confidence, breach of contract and breach of the Copyright and Rights in Databases Regulations 1997.  Work included applying for interim injunctions, and defending discharge applications.  
• Re: Foreign Office Architects Limited (Ch D) [2011]
  Acted for a minority (50%) shareholder in a bringing an unfair prejudice petition, defending an unfair prejudice petition brought by the other shareholder and in proceedings seeking to wind up the subject company, in the context of related family proceedings.  
• Gernon v Hunter Douglas Limited (Blackpool County Court) [2011]
  Acted for the Defendant in a claim for breach of contract arising in relation to consultancy contracts linked to a sale and purchase agreement.  The case settled three days into the trial.
• Calor Gas Limited v Donald Ferguson (QBD) [2010]
  Acted, with Tony Peto QC, for the Claimant in obtaining a final injunction and ancillary orders. 
• EFG Private Bank v Shephard & Others (QBD) [2010]
  Acted for the Claimant on interlocutory matters in this case arising out of a large scale fraud.  Dealt with applications relating to delivery up of assets, amendment of freezing and search orders, declarations and enforcement of judgment.
• Lombard v Zahib (Mayor’s & City of London CC) [2011]
  Lombard v Bukhari (Barnet CC) [2011]
  Lombard v Hussain (Altrincham County Court) [2011] 
  Silkman v Lombard North Central (QBD) [2010]
  Lombard v Ahmed Alfaraj (Leeds CC) [2009]
  Lombard v Edoulami (Leeds CC) [2009]
  Corporate Environments v Lombard (Reigate CC) [2009]
  Lombard v Mumtaz Ali (Mercantile Court) [2008]
  Victoria has represented and advised Lombard North Central in a number of cases, including those listed above, both in the High Court and the County courts, in cases involving fraud, guarantees, issues of contractual construction, mistake, misrepresentation, estoppel, exclusion and penalty clauses and restitution.
• Rental Advantage v Konica (Mercantile Court) [2010]
  Acted for the Claimant in this case involving claims of misrepresentation, including fraudulent misrepresentation and breach of contract. 
• Davies v Begbies Traynor (Ch D) [2010]
  Acted for the Claimant in this matter arising out of a partnership agreement. 
• Clydesdale Bank Asset Finance Limited v Pearson (Lincoln CC) [2010]
  Acted for the Claimant in this claim relating to disputed title to goods.
• Singers Corporate Asset Finance v Euro UK Hire Ltd & Oths (QBD) [2010]
  Acted for the Defendant, disputing jurisdiction.
• Belair v Basel (QBD and arbitration) [2009] EWHC 725 (Comm)
  Acting as junior (led by Robert Howe QC) for the Claimant, successfully obtaining an injunction in support of arbitral proceedings regarding dispute relating to property in Georgia.  Also acting in the arbitral proceedings and in the application to appeal against the arbitral award.  
• Eaton v Bostock (QBD) [2009]
  Acting for the Claimant, claiming damages for breach of fiduciary duty and of contract and for conversion and for trademark infringement and breach of copyright, an account of profits, declarations and delivery up.  Involved procedural issues regarding capacity to instruct solicitors. 
• Anglo Irish Bank v Citicourt (Ch D) [2009]
  Acted for the Claimant in this case involving claims of breach of contract and restitution, and a claim to establish a constructive trust.
• Milton Dresner v Patrick Austin (QBD) [2009]
  Acted for the Claimant, obtained a worldwide freezing order and asset disclosure, passport delivery up, service by alternative method and Norwich Pharmacal orders in support of a foreign judgment. 
• 2E(UK) Ltd v Johnstone & Others (QBD) [2009]
  Acted for the Claimant in this case, which involved allegations of breaches of fiduciary duties, and other duties, including restrictive covenants, and claims of knowing receipt and conspiracy.  The case also raised issues relating to the admissibility of evidence obtained improperly.  Obtained a number of interim orders and injunctions. 
• KSC Servicing v Vaccari & Others (Ch D) [2008]
  Acted for the Claimant in this case, which involved allegations of breach of contract, including restrictive covenants, breach of confidence and breach of database regulations and passing off.  Obtained a number of interim orders and injunctions. 
• Hays Specialist Recruitment v Mark Ions [2008] EWHC 745 (Ch)
  Successfully represented Hays in this application for pre-action disclosure, including of documents held in the Respondent’s internet busness networking account.  
• ING Lease (UK) Ltd v Harwood [2007] EWHC 2292 (QB) and  [2008] EWCA Civ 786
  Acted for the successful Claimant in this case, heard over five days in the Queen’s Bench Division, involving issues of contractual interpretation, collateral contract, rectification and estoppel. Victoria also appeared, with Robert Howe QC, in the Court of Appeal, successfully resisting an appeal.
• Royal Bank of Scotland v Lally (QBD) [2008]
  Represented the successful Claimant in this application for summary judgment on the Claimant’s claim for payment of over £1 million due under a guarantee. 
• Manorbase v Alexandra Hospital (QBD) [2008]
  Successful application for a Norwich Pharmacal Order.

• Cititec v Clarke (Ch D) [2007]
• Khorani v Cape Industrial Services Limited (QBD) [2007]
• Hays v Franklin (Ch D) [2007]
• Maypole v Avery (Birmingham DR) [2007]
• Blue Arrow v BT (QBD) [2007]
• Eurotherm v Wood (QBD) [2006]
• Lombard North Central v Fisher (Leeds County Court) [2007]
• Ashtenne v Lombard North Central
• Early Red Corporation v Glidepath Holdings Bv [2005] EWCA Civ 525
• Lombard North Central v Da’Bell & Others (Cambridge County Court) [2005]
• Watson v Department for Transport (Chelmsford County Court)
• Firstdale Ltd v Gerald Joseph Quinton [2004] EWHC 1926 (Comm)
• Concrete Foundations v Family Housing Assoc. [2004] EWHC 10 (QB)
• E-Resourcing Ltd v Creyf (QBD) [2004]
• Experience Hendrix v PPX Enterprises [2003] EWCA Civ 323

Victoria has an extensive and varied employment law practice, and undertakes work both in the High Court and in the Employment Tribunals. 

High Court cases in which Victoria has acted have raised issues involving breaches of fiduciary duties, post-termination covenants and duties of confidence, directors' duties and issues of pay and benefits.  Victoria has applied for and obtained interim injunctions, defended injunctions at discharge applications, and made discharge or variation applications in relation to interim relief.  

Victoria has represented both Claimants and Respondents in a full range of Employment Tribunal cases, including all forms of discrimination, whistle-blowing and harassment cases, redundancy, unlawful deductions from wages, flexible working and unfair and wrongful dismissal claims.  Victoria has acted in a  number of cases where the territorial jurisdiction of the Tribunal was in question.

Victoria has provided extensive advice in respect of the lawfulness of tools and techniques used to monitor and detect wrongdoing by employees.

Victoria’s clients in employment law matters include Lloyds TSB,Goldman Sachs, Tiffany & Co, Linklaters, Commerzbank, Cititec Associates, Vodafone, Carphone Warehouse, Liberata, Computacentre, Pizza Hut, Pret a Manger, Odeon Cinemas, Harrods, Hays Specialist Recruitment, Tilda Ltd, Tibbett and Britten, the Imperial War Museum and English Heritage, NAHT, as well as many private individuals. 

• DeVere Group Limited v AES Financial Services Limited and Others
  Acting for the Claimant, led by Robert Howe QC, in a claim that a competitor company sought to systematically damage the Claimant by means of inducing breaches of contract by the Claimant’s employees, conspiracy and causing loss by unlawful means.  Case ongoing.
• Pantheon Venture (UK) LLP  v Erhnrooth
  Acting for the Claimant in a claim against an ex-employee in respect of breaches of confidence and duty said to have taken place during the course of her employment.  Included an application for an interim injunction.  Claim ongoing.  
• Hartmut Lutz v Bemis Limited
  Acting for the Claimant in an unfair dismissal claim, involving a dispute as to the jurisdiction of the Tribunal to hear such claim. Claim ongoing.  
• Klempner v Merrill Lynch
  Acted for the Claimant in a claim involving claims of whistleblowing and unfair dismissal (redundancy).  Settled before hearing. 
• Owens & Ricards v Thrings LLP
  Acted for the Defendant in defending claims of discrimination on grounds of sex, maternity and pregnancy.  Settled at mediation.   
• Ultimate Products v RMS and others (QBD Manchester District Registry) [2011]
  Acting for the Defendants in a claim for breach of fiduciary duty, breach of confidence and breach of restrictive covenants arising out of an employment relationship and sale and purchase of a business.  Has included applying for summary judgment and/or strike out (judgment awaited).
• Space AirConditioning Plc v Guy (Ch D) [2011]
  Acted for the Claimant in a claim for breach of confidence, breach of contract and breach of the Copyright and Rights in Databases Regulations 1997.  Work included applying for interim injunctions, and defending discharge applications.  
• Ainsworth v Reliance Bank (ET) [2011]
  Acted for the Defendant resisting claims of discrimination on grounds of religion, age and sex and of unfair dismissal heard over 5 days in January 2011. 
• Denny v Cadwalader (ET) [2010]
  Successfully represented the Respondent in this PHR disputing that the Claimant was disabled for the purposes of the DDA. 
• Pervez v Macquarie Bank (ET) [2010]
  Successfully represented the Respondent in resisting jurisdiction and obtained strike out of claims by an employee working in the UK. 
• Shymanski v Calyon (ET) [2010]
  Acted as junior counsel (led by Dinah Rose QC) for the Claimant.  The claim was a substantial sex discrimination and equal pay claim, which settled before trial. 
• Mittal v Barclays Capital Services Limited (ET) [2010]
  Acted for the Respondent in this case involving claims of sex and race discrimination, victimisation and constructive dismissal.
• (Confidential) [2010]
  Advised a major city law firm regarding potential claims for race and disability discrimination, protected disclosures and harassment.  Included advice as to how to manage the (potential) claimant, who was still employed. 
• Lernout v Cheyne Capital Management  (QBD) [2009]
  Acted for the Claimant in a claim for profit share and breach of contract.
• Employment Cases  [2009]
  Victoria has been instructed by Lewis Silkin in a number of employment cases, both for the Claimant and the Respondent.  In these cases Victoria acted for the Respondent.  The claims involved claims of unfair selection for redundancy on grounds of disability discrimination and sex discrimination. 
• Walters v Expro North Sea Limited (ET) [2009]
  Acted for the successful Defendant in this claim involving allegations of unfair dismissal on the grounds of a protected disclosure, and concerns regarding health and safety.   
• Freeman v Goldman Sachs (ET) [2009]
  Kendrick v Goldman Sachs (ET) [2009]
  Belorusov v Goldman Sachs (ET) [2009]
  Victoria has represented Goldman Sachs at interim hearings in a number of cases, including those listed above, which settled before trial.  The cases have involved issues relating to redundancy, unfair dismissal, sex, race and disability discrimination. 
• Nooh v GMC (ET) [2009]
  Acted for the Respondent in jurisdiction of the Tribunal.
• 2E(UK) Ltd v Johnstone & Others (QBD) [2009]
  Acted for the Claimant in this case, which involved allegations of breaches of fiduciary duties, and other duties, including restrictive covenants, and claims of knowing receipt and conspiracy.  The case also raised issues relating to the admissibility of evidence obtained improperly.  Obtained a number of interim orders and injunctions.  Case settled.
• Johnson v Ark Academies (ET) [2009]
  Acted for the successful Respondent in this case involving allegations of race discrimination, and unfair dismissal.
• McCracken v Surrey County Council (ET) [2009]
  Acted for the successful Claimant in this case involving allegations of disability discrimination, and unfair dismissal.
• Atkins v Standard Chartered Bank (ET) [2009]
  Acted for the Claimant in this case involving allegations of sex discrimination, heard over 5 days.
• Kinkela v Modus & Institute of Cancer Research (ET) [2009]
  Acted for the Respondent in this tribunal case involving issues of race discrimination and unfair dismissal, heard over 7 days.
• KSC Servicing v Vaccari & Others (Ch D) [2008]
  Acted for the Claimant in this case, which involved allegations of breach of contract, including restrictive covenants, breach of confidence and breach of database regulations and passing off.  Obtained a number of interim orders and injunctions.  Case settled.
• Hays Specialist Recruitment v Mark Ions [2008] EWHC 745 (Ch)
  Successfully represented Hays in this application for pre-action disclosure in a case involving claims of breach of confidence and of post-termination restrictions.

• Cititec v Clarke (Ch D) [2007]
• Smart v Lloyds TSB & Others [2007]
• Kovacs v Tiffany & Co [2007]
• Molson v Commerzbank [2006]
• Connell v Cambridge Place [2007]
• Lambert v Harrow Council [2005]
• Tod v Save the Children [2006]
• Kuy v BAA [2006]
• Wall v Intercontinental Hotels [2004]
• Alexander v Patterson Group [2004]
• Adjibolo v Pret a Manger [2004]

Victoria was instructed as a junior (with Robert Howe QC) in relation to a large private commercial arbitration, which took place in 2009, conducted under UNCITRAL Rules, which lasted 3 days, and also in relation to proceedings in support of that arbitration (see, eg, Belair LLC v Basel LLC [2009] EWHC 725 (Comm)).  Victoria was instructed as a junior on two large private commercial arbitrations in 2005, both conducted under LCIA rules, once for the Claimant, once for the Defendant.  The arbitrations lasted 6 and 7 days respectively, and both involved allegations of fraud and of breach of contract.  Other issues also arose, relating to conflict of laws, breach of fiduciary duty, misrepresentations, proprietary claims and remedies. The claims sought damages or proprietary relief in excess of US$100m each.

Victoria has acted for the General Medical Council, in hearings before internal professional disciplinary panels, and before the Administrative Court.  Victoria has acted for teachers appearing before Professional Conduct Committees of the General Teaching Council and has acted as presenting officer for the Standards Board for England and Wales in disciplinary hearings.  Victoria has advised in respect of disciplinary regulations for health bodies, and in relation to the Clergy Discipline Measure and Rules.

• El Deeb v GMC (QBD) [2009]
  McEwen v GMC (QBD) [2009]
  Panis v GMC (QBD) [2008]
  Victoria has represented the GMC in a number of cases in the QBD and the Administrative Court, including the above.  These cases dealt with matters including challenges to decisions of Registrars and interim orders imposed by GMC panels, and also in strike out and summary judgement applications and applications to extend periods of suspension imposed upon doctors.
• Davies v General Teaching Council for Wales [2008] EWHC 1175 (Admin)
  Acted as a junior (with Dinah Rose QC) in this statutory appeal against a decision of a professional conduct committee.
• R (British Medical Association) v General Medical Council [2008] EWHC 2602 (Admin)
  Acted as a junior (with Robert Englehart QC) in this case involving a challenge to the lawfulness of changes in the fees payable to remain on the Medical Register. 
• Merrill v General Medical Council (Peterborough CC) [2008]
  Acted for the GMC in defending a claim for repayment of fees payable to remain on the Medical Register.
• General Teaching Council for England v Newsholme [2008]
  Acting on behalf of a head teacher in this case before a professional conduct committee which involved allegations of unacceptable professional conduct by the head teacher in the context of another member of staff abusing children in a residential school. 
• General Teaching Council for Wales v Davies [2008]
  Acted for Mr Davies in this case involving a relevant conviction.  Mr Davies was convicted of dangerous driving and sentenced to 15 months imprisonment.  Appeared on his behalf before the Professional Conduct Committee.
• GMC v Gunasekera [2009]
  GMC v Jameel Khan [2009]
  GMC v Joseph Obi [2008]
  In each case acted for or advised the General Medical Council in relation to cases before the Fitness to Practice Panel or Registration Appeals Panel.

• General Teaching Council v Heard [2007]
• GMC v Lukmann Alli [2006]
• Chhetri v GMC (QBD) [2006]
• GMC v Sartori (QBD) [2005]
• General Teaching Council v Ward [2004]
• General Teaching Council for Wales v Jones [2004]

Victoria has acted in a number of high profile judicial reviews, including Paul & Ritz Hotel & Al Fayed v Deputy Coroner Of The Queen's Household [2007] EWHC 408 (Admin), regarding whether the Diana inquest should be held before a jury, and W v Commissioner of Police for the Metropolis & Others [2005] EWHC 1586, [2006] EWCA Civ 458, a case challenging the ‘child curfew’ provisions of the Anti-Social Behaviour Act 2003.

Victoria was instructed as a junior in CGTSN v Civil Aviation Authority & Others, a challenge under the ECHR to statutory powers to detain aircraft, and in Hill & Others v Civil Aviation Authority & National Air Traffic Services, a judicial review challenge to the lawfulness of aircraft flights to and from Stansted airport. 

As junior counsel to the crown Victoria has acted for the Treasury Solicitor in a number of matters, including appearing before the Court of Appeal in Daffeh v Entry Clearance Officer (Banjul).

• CGTSN v Civil Aviation Authority & Others [2010] EWHC 1348 (Admin)
  Acted as a junior (with the Hon. Michael Beloff QC), for the CAA in defeating this challenge to powers of detention exercised by the CAA.
• Paul & Ritz Hotel & Al Fayed  v Deputy Coroner Of The Queen's Household & Assistant Deputy Coroner For Surrey [2007] EWHC 408 (Admin)
  Acted, as a junior, in this successful judicial review of the decision of the Deputy Coroner of the Queen’s Household’s to sit without a jury during the inquest of Diana Princess of Wales.
• W v Commissioner of Police for the Metropolis & Others [2005] EWHC 1586, [2006] EWCA Civ 458
• Hill & Others v Civil Aviation Authority & National Air Traffic Services (QBD) [2005]
  
  

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