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Robert Winspear

Call 2019
Telephone 020 7831 0222
Email robert.winspear@42br.com

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Robert Winspear - 42 Bedford Row

Introduction

Robert has a broad civil practice in all core areas of chambers. He has acted in complex litigation, acting as sole counsel in s.204 homelessness appeals and multi-day employment trials, and junior counsel in the Court of Appeal and in multi-track trials. Robert is accomplished in drafting and advisory work, maintaining a busy paperwork practice alongside his court work. Robert has received praise from both professional and lay clients in respect of his client care.

Business & Property Law

Robert has represented, advised and drafted pleadings for both claimants and defendants in a wide variety of general contractual disputes. This applies to both business-to-business and business-to-consumer disputes.

Robert is also regularly instructed by tenants and landlords in disputes relating to residential and commercial property.

In addition, Robert represents debtors and creditors in winding-up petitions.

Recent matters

  • Represented a small construction business seeking to recover debt pursuant to unpaid invoices for groundwork undertaken at a development site
  • Represented a homeowner in respect of a claim related to a kitchen installation
  • Represented a local authority in a one-day trial claiming for unpaid service charges
  • Advised purchasers of a new-build property in respect of possible claims against the developer for defects in the property
  • Advised the seller of property under an auction in respect of whether they could forfeit the deposit paid by the purchaser who failed to substantially complete the purchase

Employment Law

Robert acts for both employees and employers in all areas of employment law. Robert is comfortable handling matters from pre-action up to and including trial. Robert is able to advise in between each step to ensure the claim/defence is prepared as best as it can be, or otherwise advise on the possibility of settlement.

Robert is particularly adept at dealing with claims under the Equality Act. Similar issues arise in his social housing practice, meaning that he has solid experience of discrimination claims despite his relatively junior year of call.

Recent matters

  • Represented an employer in a 3-day procedural unfair dismissal and discrimination claim
  • Led by Iris Ferber in a multi-week case where a senior employee of a school was claiming unfair dismissal and disability discrimination. Adjourned late, to be heard in February 2023
  • Full conduct of a 5-day disability discrimination claim: from the preliminary hearing onwards, trial listed for September 2022

Personal Injury Law

Robert regularly acts in and advises on a range of personal injury matters, including those relating to road traffic accidents, public liability claims and accidents in the workplace. Robert acts for both claimants and defendants and regularly appears in trials and contested applications. Robert has experience in dealing with fundamental dishonesty arguments and is well versed in the cost rules that apply to different kinds of personal injury cases.

Robert is regularly instructed to provide advice on merits and quantum and has drafted numerous sets of pleadings in personal injury matters.

Recent Matters

  • Various fast-track personal injury trials
  • Advising a claimant on a high-value claim arising out of a Highways Act-type claim, resulting in settlement following service of the particulars of claim
  • Employer’s liability trial representing a claimant who suffered a broken finger whilst operating a machine within the Defendant’s warehouse

Robert regularly represents both landlords and tenants in all aspects of housing law, including possession, disrepair, homelessness, statutory nuisance and anti-social behaviour injunctions. Robert is particular good at dealing with Equality Act issues that arise in housing cases as he is regularly exposed to these issues in both his housing and employment practice. Robert also regularly advises parties on liability and quantum in disrepair cases

Recent matters

  • Led by Mathew McDermott (of 42BR) in the Court of Appeal on a second appeal considering the effect of rent repayment orders
  • In 2021 and 2022, led by Iris Ferber (of 42BR) representing a local authority in a long-running, very high value disrepair claim brought by a tenant with serious physical and mental health vulnerabilities. The 6-day liability trial involved complex questions of the causation of condensation mould and the cross-examination of surveyor expert witnesses.
  • s.204 homelessness appeal arguing that the council had failed to take into account the applicants’ need to save money for his wife’s intermittent visa renewal
  • s.204 homelessness appeal on ‘last settled accommodation’
  • One-day trial in the magistrates’ court in respect of whether a landlord was the ‘person responsible’ for rodent activity in a Victorian property.

Wills & Probate

Robert is developing a practice in wills and probate matters. Robert has advised several clients on the meaning and effect of certain clauses in wills, the validity of wills, whether trusts had been created by clauses in the will and how the executor should dispose of the estate.


Areas of Expertise


Education

  • University of Law – BPTC LLM (Outstanding, Distinction)
  • University College London, LLB (First-class marks in Year 2 and 3 subjects)

Scholarships & Awards

  • Lord Denning Scholarship (Major BPTC scholarship awarded by Lincoln’s Inn)
  • Buchanan Prize (Awarded by Lincoln’s Inn for achieving an Outstanding on the BPTC)
  • 4 King’s Bench Walk Prize for Advocacy (awarded by the University of Law for the aggregate-highest marks in the advocacy assessments on the BPTC)

Related News

Injunctions against the World:

Injunctions against the World:

Robert Winspear discusses the Court of Appeal’s decision in LB Barking and Dagenham v Persons Unknown [2022] EWCA Civ 13

Published: 26th Jan 2022

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