Victoria Windle

Victoria has wide 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, including interlocutory injunctions and freezing and disclosure orders and applications for pre-action and third party disclosure orders. Victoria has also acted for the Assets Recovery Agency in civil recovery proceedings. 

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.  Victoria provided advice and acted for private and commercial clients in cases involving guarantees and indemnities, fiduciary duties, constructive trusts, mistake and misrepresentation, 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 schemes for the provision of financial services, the impact of import and export licence obligations, data protection issues and partnerships.  Victoria 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, Cape Industrial Services, Vodafone, Kodak, the Ministry of Sound, Emirates Airlines, Panasonic, Alfred McAlpine, Britannia Music and Lombard North Central. 

ING Lease (UK) Ltd v Harwood [2007] EWHC 2292 (QB)
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. 

Early Red Corporation v Glidepath Holdings Bv [2005] EWCA Civ 525
Acted, with Charles Flint QC, for Glidepath in this appeal against a costs order made in the context of a wide ranging commercial dispute.

Hays Specialist Recruitment v  Mark Ions [2008] EWHC 745 (Ch)
Successfully represented Hays in this application for pre-action disclosure.

Khorani v Cape Industrial Services Limited (QBD)
Successfully represented Cape Industries in this contract claim, heard in the Queen’s Bench Division over four days in December 2007.  The case related to an oral contract alleged to have been made in Kazakhstan.

Eurotherm v Wood (QBD)
Acted for the Defendants in interlocutory applications to discharge and amend freezing and search orders.

Maypole v Avery (Birmingham DR)
Successfully represented the Defendants in this application to discharge a mandatory injunction.

Blue Arrow v BT (QBD)
Successful application for a Norwich Pharmacal Order.

Manorbase v Alexandra Hospital (QBD)
Successful application for a Norwich Pharmacal Order.

Lombard North Central v Mumtaz Ali (Commercial Court)

Lombard North Central v Da’Bell & Others (Cambridge County Court)

Lombard North Central v Fisher (Leeds County Court)
Victoria has successfully represented Lombard North Central in a number of cases, both in the High Court and the County courts, in cases involving guarantees, issues of contractual construction, mistake, misrepresentation, estoppel, exclusion and penalty clauses and restitution.

Watson v Department for Transport (Chelmsford County Court)
Successfully represented the Department of Transport defending this contractual claim with potentially wide reaching consequences.

Experience Hendrix v PPX Enterprises [2003] EWCA Civ 323
Acted, with Robert Englehart QC, for PPX Enterprises in this case regarding a breach of a compromise agreement, and use of musical recordings, where the court dealt with the award of damages assessed on the ‘user charge’ principle.

Firstdale Ltd v Gerald Joseph Quinton [2004] EWHC 1926 (Comm)
Acted, with Stephen Nathan, QC, in this matter regarding acceptance of service of proceedings.

Concrete Foundations v Family Housing Assoc. [2004] EWHC 10 (QB)
Acted in this summary judgment application.

E-Resourcing Ltd v Creyf (QBD)
Successfully represented the defendants in this High Court breach of contract claim, involving issues of the proper contracting party.

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.

Junior for the Claimant in a seven day arbitration, involving allegations of fraud, misrepresentation, breach of fiduciary duty, and breach of contract, with issues regarding proprietary claims and conflict of laws. The claim was for proprietary relief or damages of over US $100 million.

Second junior for the Respondent in a six day arbitration, involving allegations of breach of contract, of fraud, and of constructive knowledge of fraud.  The claim was for damages of over US $100 million.

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

In addition to undertaking work to in cases involving breaches of post-termination covenants and duties of confidence, Victoria has acted in cases involving directors’ duties and issues of pay and benefits.

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’s clients in employment law matters include Lloyds TSB,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. 

Cititec v Clarke (QBD, case settled)
Represented the Respondent in this claim involving allegations of breach of duties of confidence, and breach of post-termination restrictions.

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.

Smart v Lloyds TSB & Others
Represented the Respondents in this case involving claims of sex discrimination, harassment, protected disclosure and constructive unfair dismissal, heard over three weeks.

Kovacs v Tiffany & Co (case settled)
Acted, with Dinah Rose QC, for the Respondent in this claim regarding sex and race discrimination, whistle-blowing and unfair dismissal.

Molson v Commerzbank
Acted for the successful respondent in this employment tribunal case, heard over five days, and involving claims of constructive dismissal, harassment, discrimination, protected disclosures and unlawful deductions. Also appeared, with Paul Goulding QC, in the EAT where the claimant’s appeal was successfully defeated.

Morgan  v Legal & General
Acted for the successful Respondent in this disability discrimination case.

Connell v Cambridge Place
Acted for the Claimant in this case involving claims of whistle-blowing and discrimination on the grounds of sex and maternity, and constructive unfair dismissal, heard over a week.

Lambert v Harrow Council
Acted for the successful Claimant in this unfair dismissal and deduction from wages claim.

Tod v Save the Children
Acted for the successful respondent in this case about the Tribunal’s jurisdiction and the territorial application of UK employment protection legislation.

Wall v Intercontinental Hotels
Acted for the claimant in this employment tribunal case involving allegations of discrimination on the grounds of sex and maternity leave, unfair selection for redundancy and unlawful deductions from wages.

Kuy v BAA
Acted for the respondent in this employment tribunal case involving allegations of gross misconduct and protected disclosure.

Alexander v Patterson Group
Represented the claimant in this constructive dismissal case

Adjibolo v Pret a Manger
Acted for Pret a Manger in this unfair dismissal case, involving allegations of constructive dismissal, discrimination on grounds of race, and sexual harassment.

Victoria has a varied public law practice, with a particular focus upon professional disciplinary matters. 

Victoria has acted for the General Medical Council before the Administrative Court in relation to interim suspension orders, and in fitness to practice and registration panel hearings.  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 the legality of medical treatment of a minor and in respect of disciplinary regulations for health bodies. 

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 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).

General Teaching Council for Wales v Davies
Acted for Mr Davies in this case involving a relevant conviction.  Mr Davies was convicted of dangerous driving and sentenced to 15 months imprisonment.  Victoria appeared on his behalf before the Professional Conduct Committee.

Davies v General Teaching Council for Wales (QBD)
Acted, with Dinah Rose QC, in this statutory appeal against a decision of a professional conduct committee.

General Teaching Council for England v Newsholme
Currently acting on behalf of a head teacher in this matter which involves allegations of unacceptable professional conduct by the head teacher in the context of another member of staff abusing children in a residential school.  The matter is before a professional conduct committee.

General Teaching Council v Heard

General Teaching Council v Ward

General Teaching Council for Wales v Jones
Victoria has acted for a number of teachers appearing before professional conduct committees of the General Teaching Council accused of unacceptable professional conduct.

GMC v Lukmann Alli
Victoria has acted on behalf of the General Medical Council on a number of occasions presenting cases to the Fitness to Practice Panels, as well as seeking in the High Court extensions to interim orders.  Victoria presented this case involving allegations of serious incompetence.

GMC v Dr Sartori (QBD)
Victoria has represented the GMC in a number of applications for extensions of periods of suspension imposed upon doctors, including this case.

[Confidential]
Victoria acted as junior in a case involving a complaint against a senior member of the clergy, which was being considered through the Clergy Discipline Measure and the Clergy Disciplinary Rules. 

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
Acted, with Javan Herberg, in this case challenging the ‘child curfew’ provisions of the Anti-Social Behaviour Act 2003.

Hill & Others v Civil Aviation Authority & National Air Traffic Services
Acted, with Charles Flint QC and Javan Herberg, in this commercial judicial review challenge to the lawfulness of aircraft flights to and from Stansted airport. 

Victoria was involved in the Carlton & Granada v Football League case, concerning issues of contractual construction, guarantees and agency.  Victoria was involved in advising the Premier League regarding a proposed strike by PFA footballers.

Victoria has also provided advice in respect of disputes between sports agents and scouts and between agents and individual players.  Victoria has also undertaken work in respect of a contract dispute on behalf of a First Division footballer, and was involved in a disciplinary case concerning on-the-field conduct by a prominent rugby international.