Robert Winspear - 42BR Barristers

Robert Winspear

Call 2019
Telephone 020 7831 0222 | Email [email protected]

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Robert Winspear

Call 2019
Telephone 020 7831 0222 | Email [email protected]

Profile Privacy Notice vCard

Robert practices commercial, chancery, employment, contract and property law. Robert is currently acting in two long-running cases in the High Court: Krishna v Gowrie & Ors (acting for the petitioner in a high-value unfair prejudice petition) and The Republic of Mozambique v Credit Suisse International & Ors (acting for the former Deputy Finance Minister of Mozambique in one of the largest commercial trials of 2023). Robert has also recently acted for the successful Respondent in the Court of Appeal in Kowalek v Hassanein Ltd [2022] EWCA Civ 1041.

As sole counsel, Robert is instructed in multi-day employment trials, commercial and residential property disputes, contractual disputes and contentious probate disputes. Robert also maintains a busy advisory practice alongside his court work.

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.

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)

Areas of Expertise

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