Robert Winspear

Commercial & Chancery Law

Robert has good experience of large commercial trials and working within a counsel team. Robert is also comfortable acting as sole counsel in smaller commercial/chancery matters.

Recent matters:

Acting (led by Iain Quirk KC, with Freddie Onslow of Essex Court Chambers) for the petitioner in an unfair prejudice petition and related Part 7 claim. The trial was split between liability and quantum. Krishna succeeded in the 7-week liability trial (Krishna HoldCo Limited v Gowrie Holdings Limited & Ors [2023] EWHC 1538 (ch)). There will now be a quantum trial to determine the value of Krishna’s shareholding following a buy-out order, likely to take place in 2025.
Acting (led by David Davies KC of Essex Court Chambers) for the former Deputy Finance Minister of Mozambique in the Mozambique ‘tuna bonds’ case involving in excess of $2 billion of debt guaranteed by the Republic of Mozambique. This was one of The Lawyer’s ‘Top 20 Cases’ of 2023. This 12-week trial commenced in October 2023.
Acted as sole counsel in a 3-day multi-track contentious probate trial (value approximately £100k). Issues included testamentary incapacity, knowledge and approval and undue influence.

Employment Law

Robert acts for both employers and employees in all areas of employment law. Robert provides advice between each step of the litigation to ensure the claim/defence and the supporting evidence is presented as effectively as possible. Robert can also advise on settlement where necessary.

Recent matters:

Acted for the successful employer in a 2-day misconduct unfair dismissal claim (Morgan v Sainsbury’s 1402846/2022). (2023)
Acted for the successful employer in a 1-day misconduct/discrimination unfair dismissal claim (Macedo v Corps Security (UK) Ltd 2303559/2022). (2023)
Acted for the successful employer in a 4-day disability discrimination unfair dismissal claim (Dearden v Sainsbury’s 1600377/2021). (2023)
Acted for the successful employer in a 2-day misconduct/trade union activity dismissal claim (Sammut v William Hill Limited 3300127/2023). (2023)
Acted for the successful employer in striking out an employees’ claims for sexual harassment and discrimination related to sex following an open preliminary hearing (Charles v Sainsbury’s 3313716/2022). (2023)

Contractual disputes

Robert has represented, advised and drafted pleadings for both claimants and defendants in a variety of contractual disputes. Robert has appeared in multi-track cases and is experienced in dealing with CCMC’s for more senior counsel where the client wishes to maximise cost efficiency.

Recent matters:

Advised an accountancy firm on whether it could recover fees from a client. The issues included the scope of its retainer, implied retainers and quantum meruit awards. (2023)
Advised a shareholder on whether his investment into a company could be unwound on the basis of a misrepresentation. (2023)
Acted for a landlord seeking to demonstrate that he was a “consumer” under the Consumer Rights Act 2015 when purchasing flooring for his tenanted property. (2023)
Acted for a construction business seeking to recover debt for groundwork undertaken at a development site. (2022)
Advised the seller of property under an auction in respect of whether it could forfeit the deposit paid by the purchaser who failed to substantially complete the purchase. (2022)

Property Law

Robert acts for both landlords and tenants in all aspects of commercial and residential property law. This includes boundary disputes, latent defects, possession, disrepair, homelessness, forfeiture, interim injunctions and regulatory matters.

Recent matters:

Acting for a local authority in the First-Tier Tribunal seeking dispensation from consultation requirements in respect of major works. (2023)
Acted (led by Mathew McDermott of 42BR) for the respondent in the Court of Appeal on a second appeal considering the effect of rent repayment orders (Kowalek v Hassanein Ltd [2022] EWCA Civ 1041).
Acted (led by Iris Ferber KC of 42BR) for 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. (2022)
Acted for the appellant in a s.204 homelessness appeal concerning failure to take into account relevant factors. (2022)
Acted for the appellant in a s.204 homelessness appeal concerning ‘last settled accommodation’. (2022)

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)