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 2014, recognises Victoria in Employment law commenting that she is “she is sharp-witted and works very much as part of the team.”

 

Professional Experience

Victoria has appeared before a range of courts and tribunals, including the Court of Appeal, Divisions of the High Court, the County Court, Employment Tribunals and Employment Appeal Tribunals.

Membership of professional bodies:

COMBAR, ELA

Commercial

Victoria has 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, including obtaining such orders urgently and out of hours.  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, and accounts as well as claims for damages.  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 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, Foxtons, Hays Recruitment, Shell, Abbey Life, Cape Industrial Services, Vodafone, Kodak, the Ministry of Sound, Emirates Airlines, Panasonic, Alfred McAlpine, Britannia Music and Lombard North Central.

Current and recent work

  • 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 ongoing.
  • 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.  
  • 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.  
  • [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.
  • [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. 
  • 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.
  • 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]
    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.

Other cases

  • 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

  • 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.
  • 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.  
  • Ahmed v Aspect Capital Limited, ET [2013]
    Claim by an ex-employee for unfair dismissal from an investment company, heard over 3 days in August 2013.  Acted for Respondent.  Judgment awaited.
  • 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. 
  • 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. 

Other cases

  • 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. 

Current and recent work

[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.

Professional Discipline and Regulation

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.

Other cases

  • McEwen v GMC (QBD) [2009]
  • GMC v Gunasekera [2009]
  • GMC v Jameel Khan [2009]
  • Panis v GMC (QBD) [2008]
  • Davies v General Teaching Council for Wales [2008] EWHC 1175 (Admin)
  • R (British Medical Association) v General Medical Council [2008] EWHC 2602 (Admin)
  • Merrill v General Medical Council (Peterborough CC) [2008]
  • General Teaching Council for England v Newsholme [2008]
  • General Teaching Council for Wales v Davies [2008]
  • GMC v Joseph Obi [2008] 
  • 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]

Public Law and Human Rights

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).

Current and recent work

  • 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.

Other cases

  • Paul & Ritz Hotel & Al Fayed v Deputy Coroner Of The Queen's Household & Assistant Deputy Coroner For Surrey [2007] EWHC 408 (Admin)
  • 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]

Other relevant experience

VAT registration number:  796324885

Victoria Windle photo

She is sharp-witted and works very much as part of the team. 

Chambers UK 2014

Cases

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