Victoria Windle

Called to Bar:
2001
Practice areas:
Degrees:
MA (Cantab), (Princess Royal Scholar, Inner Temple)

The latest edition of the independent legal directory, Chambers UK 2015, recognises Victoria in Employment law commenting that she is “she is very responsive and full of common sense.” “Her analysis and appraisal of relevant points in the employment sphere is extremely helpful and spot on.”

Professional Experience

Victoria practices in all areas of commercial law, with a particular emphasis on civil fraud, and cases involving an employment issues. 

Membership of professional bodies:

COMBAR, ELA

Commercial

Victoria has extensive experience of a broad range of commercial litigation, with an emphasis on pure contract and fraud cases.  

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.

Fraud

Victoria has a strong civil fraud practice, having advised on or appeared in a wide range of civil fraud cases. She has particular expertise in obtaining interlocutory injunctions, freezing and disclosure orders and applications for pre-action and third party disclosure orders, including obtaining such orders urgently and out of hours. 

Current and recent work

  • [Confidential]
    Acting on behalf of applicants seeking to enforce against a senior ex-employee and shareholder in an arbitration in New York under AAA rules restrictive covenants contained in a Management Shareholders’ Agreement.  Involves allegations of breach of covenants and misappropriation of confidential information, and issues in relation to jurisdiction and enforceability, and obtaining in this jurisdiction injunctions in support of foreign arbitration proceedings. Case ongoing.
  • [Confidential]
    Advising claimant regarding a claim against a former managing director of an investment bank, regarding damages for failure to perform role, breach of fiduciary duty, wrongful expenses claims and negligence.  Claim ongoing.
  • [Confidential]
    Advising claimant in complex potential claim in relation to misappropriated shares in a Russian company.  Involving issues of jurisdiction, proper law, service out, foreign law and limitation.  Causes of action include breach of trust, fiduciary duty and contract; deceit; conspiracy.
  • Hewlett Packard v K2 Consulting Ch D [2014]
    Acted on behalf of a supervising solicitor resisting an order by the respondent to a computer imaging order, and seeking clarification of the process by which the computer images taken pursuant to the imaging order would be inspected, and disclosure made by the supervising solicitor directly to the claimant.
  • Next v Rackspace QBD [2014]
    Obtained a Norwich Pharmacal order in order to identify the origin of malicious activity in the form of denial of service attacks on the applicant.
  • [Confidential]
    Acting for a Claimant making a committal application in respect of false evidence in an affidavit made in the context of High Court litigation. Case ongoing.
  • [Confidential]
    Acting for Claimant in arbitration proceedings regarding a claim arising out of a British Virgin Islands partnership, and in relation to counterclaim alleging breaches of fiduciary duty. Case ongoing.
  • Target Fixing v Hall Ch D [2013]
    Acted for the Respondent to an application for orders providing for delivery up, provision of information, evidence preservation and restraining the Respondent from commercial activities, including entering into contracts.
  • Payzone v Charmatz [2013] EWHC 4428 (Ch)
    Acted for the Claimant in successfully seeking restitution of monies paid on behalf of the Defendant in discharge of tax liabilities. Involved issues of unjust enrichment.
  • Re:creation v Joslin, Ch D [2013]
    Acting for the Claimant in a claim against an ex-director, shareholder and employee for debt, damages and various breaches of the Companies Act 2006, and involving a counterclaim for wrongful dismissal and breaches of contract, and issues of interaction with an associated unfair prejudice petition. Claim ongoing.
  • Freemantle Media Group Limited v Ousey, Ch. D [2013] 
    Acting on behalf of Claimant in High court proceedings regarding deceit, fraudulent misrepresentation, breach of trust and breach of contract.  Included obtaining a freezing order.  Case settled.  
  • Fauel & Fauel v Grieg & others, QBD [2013]
    Acted on behalf of Claimants in a claim involving allegations of deceit, misrepresentations, unjust enrichment, knowing receipt, and dishonest assistance, conspiracy.  Included obtaining a freezing order and interim injunctions.  Case settled.
  • Jose Cuervo v Ayaz Ali QBD [2013]
    Acted, with Robert Howe QC, for the Claimant in successfully seeking and obtaining computer imaging and freezing orders against a defendant who had failed to pay sums due under a settlement agreement made in respect of fraudulent conduct.  
  • [Confidential] [2013]
    Advising a professional services company which acted as an independent external investigator into allegations of wrongdoing and cover-up in a public organisation, in a high profile case.  Provided advice on issues including data protection, defamation, and natural justice, as well as presentational issues and risk management.
  • [Confidential]
    Acting on behalf of Respondent in complex arbitration claim arising out of retirement of a partner in a multi-million pound investment business, with allegations of breach of fiduciary duty and contract, conspiracy and inducing breach of contract. Case ongoing.
  • Blyumkin, Nagle & Others v Jaffe, Salford Capital & Others, QBD [2013]
    Acting on behalf of Claimants in High court proceedings regarding breach of confidence and conspiracy.  Case ongoing.
  • McCabe v Glancy QBD [2012]
    Claim under a guarantee, involving issues of estoppel by representation, formation and variation of contract and unfair prejudice.  Also involved interim application to adjourn trial.  Acting for Claimant.  Case settled.
  • Demco Investment v Interamerican & others, QBD [2012]
    Brought in at short notice following complex and long running arbitration and related High Court proceedings, to deal with consequential issues including costs of the High Court proceedings.  Acted for Claimant. 
  • Shell (UK) Limited v Greenpeace [2012]
    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 [2012]
    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 [2012]
    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 [2012]
    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 [2012]
    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 [2012]
    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.
  • 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]
    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.

Other cases

  • Calor Gas Limited v Donald Ferguson (QBD) [2010]
  • EFG Private Bank v Shephard & Others (QBD) [2010]
  • Rental Advantage v Konica (Mercantile Court) [2010]
  • Davies v Begbies Traynor (Ch D) [2010]
  • Clydesdale Bank Asset Finance Limited v Pearson (Lincoln CC) [2010]
  • Singers Corporate Asset Finance v Euro UK Hire Ltd & Oths (QBD) [2010]
  • Belair v Basel (QBD and arbitration) [2009] EWHC 725 (Comm)
  • Eaton v Bostock (QBD) [2009]
  • Anglo Irish Bank v Citicourt (Ch D) [2009]
  • Milton Dresner v Patrick Austin (QBD) [2009]
  • 2E(UK) Ltd v Johnstone & Others (QBD) [2009]
  • Lombard v Ahmed Alfaraj (Leeds CC) [2009]
  • Lombard v Edoulami (Leeds CC) [2009]
  • Corporate Environments v Lombard (Reigate CC) [2009]
  • KSC Servicing v Vaccari & Others (Ch D) [2008]
  • Hays Specialist Recruitment v Mark Ions [2008] EWHC 745 (Ch)
  • ING Lease (UK) Ltd v Harwood [2007] EWHC 2292 (QB) and [2008] EWCA Civ 786
  • Royal Bank of Scotland v Lally (QBD) [2008]
  • Manorbase v Alexandra Hospital (QBD) [2008]
  • Lombard v Mumtaz Ali (Mercantile Court) [2008]
  • 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

Employment

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. 

Current and recent work

  • Payzone v Charmatz [2013] EWHC 4428 (Ch)
    Acted for the Claimant in successfully seeking restitution of monies paid on behalf of the Defendant, a senior ex-employee, in discharge of tax liabilities. Involved issues of unjust enrichment.
  • Webb v BBC, Employment Tribunal, ET [2013]
    Acting on behalf of Respondent to claims of victimisation, unfair dismissal in redundancy context and sex discrimination.  The case involved issues as to the redundancy payments due to persons who had been employed by the BBC on “freelance” contracts, and therefore was of significant importance to the BBC.  Judgment for the Defendant.
  • Freemantle Media Group Limited  v Ousey, Ch D [2013] 
    Acting on behalf of Claimant in High court proceedings against a senior employee for deceit, fraudulent misrepresentation, breach of trust and breach of contract.  Included obtaining a freezing order.  Case ongoing.
  • [Confidential]
    Acting on behalf of applicants seeking to enforce against a senior ex-employee and shareholder in an arbitration in New York under AAA rules restrictive covenants contained in a Management Shareholders’ Agreement.  Involves allegations of breach of covenants and misappropriation of confidential information, and issues in relation to jurisdiction and enforceability, and obtaining in this jurisdiction injunctions in support of foreign arbitration proceedings. Case ongoing.
  • [Confidential]
    Advising claimant regarding a claim against a former managing director of an investment bank, regarding damages for failure to perform role, breach of fiduciary duty, wrongful expenses claims and negligence.  Claim ongoing.
  • Sherridan v Hogarth Health Clubs, ET [2013]
    Acting for Respondent to claim for unfair dismissal, unlawful deductions and breach of contract.  Involved issues as to the employment status of “studio instructors” at health clubs.  Judgment for the Respondent.
  • Re:creation v Joslin, Ch D [2013]
    Acting for the Claimant in a claim against an ex-director, shareholder and employee for debt, damages and various breaches of the Companies Act 2006, and involving a counterclaim for wrongful dismissal and breaches of contract, and issues of interaction with an associated unfair prejudice petition. Claim ongoing.  
  • [Confidential] [2013]
    Advising a professional services company which acted as an independent external investigator into allegations of wrongdoing and cover-up in a public organisation, in a high profile case.  Provided advice on issues including data protection, defamation, and natural justice, as well as presentational issues and risk management.
  • Cristal v Manchester NHS & Unison, Central London CC [2013]
    Acting for Claimant in a claim involving allegations of breach of duty under the Equality Act 2010, breach of contract and inducing breach of contract and conspiracy.  Case on going. 
  • 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. 

Other cases

  • Denny v Cadwalader (ET) [2010]
  • Pervez v Macquarie Bank (ET) [2010]
  • Shymanski v Calyon (ET) [2010]
  • Mittal v Barclays Capital Services Limited (ET) [2010]
  • Lernout v Cheyne Capital Management (QBD) [2009] 
  • Walters v Expro North Sea Limited (ET) [2009]
  • Freeman v Goldman Sachs (ET) [2009]
  • Kendrick v Goldman Sachs (ET) [2009]
  • Belorusov v Goldman Sachs (ET) [2009]
  • Nooh v GMC (ET) [2009]
  • 2E(UK) Ltd v Johnstone & Others (QBD) [2009]
  • Johnson v Ark Academies (ET) [2009]
  • McCracken v Surrey County Council (ET) [2009]
  • Atkins v Standard Chartered Bank (ET) [2009]
  • Kinkela v Modus & Institute of Cancer Research (ET) [2009]
  • KSC Servicing v Vaccari & Others (Ch D) [2008]
  • Hays Specialist Recruitment v Mark Ions [2008] EWHC 745 (Ch)
  • 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]

Domestic and International Arbitration

Victoria has been instructed, both as a junior and on her own, in relation to a number of arbitrations, including arbitration conducted under LCIA and UNCITRAL rules.  Victoria has also acted and advised in relation to applications under the Arbitration Act. 

Current and recent work

[Confidential]
Acting on behalf of applicants seeking to enforce against a senior ex-employee and shareholder in an arbitration in New York under AAA rules restrictive covenants contained in a Management Shareholders’ Agreement.  Involves issues in relation to jurisdiction and enforceability, and obtaining in this jurisdiction injunctions in support of foreign arbitration proceedings. Case ongoing. 

[Confidential] LCIA arbitration [2013]
Acting for Claimant in arbitration proceedings regarding a claim arising out of a British Virgin Islands partnership, and in relation to counterclaim alleging breaches of fiduciary duty. Case ongoing.

[Confidential] arbitration under CIA and Arbitration Act 1996 [2013]
Acting on behalf of Respondent in complex arbitration claim arising out of retirement of a partner in a multi-million pound investment business, with allegations of breach of fiduciary duty and contract, conspiracy and inducing breach of contract. Case ongoing.

[Confidential] LCIA Arbitration [2013]
Acted for the Respondent to an arbitration, in relation to directions and tactics, including making submissions following failure to comply with procedural directions. 

Other cases

  • [Confidential] UNCITRAL arbitration [2009]
    Instructed as a junior (to 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.

Other relevant experience

VAT registration number:  796324885

Victoria Windle photo

She is very responsive and full of common sense. 

Chambers UK 2015

Cases

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