Robert Winspear

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.

Social Housing Law

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.

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)

Assessing Quantum: Rent Repayment Orders

A webinar explaining how to assess quantum in rent repayment order applications by reference to recent caselaw.

Published: 31st Jan 2023

Mathew McDermott and Robert Winspear have been successful for the landlord in the Court of Appeal, in an important case about the quantum of Rent Repayment Orders

Rent Repayment Orders: the Court of Appeal has this morning handed down judgment in Kowalek v Hassanein Ltd dismissing the tenants’ appeal from the Upper Tribunal.

Published: 25th Jul 2022

Robert Winspear discusses the recent Upper Tribunal decision in Hallett v Parker [2022] UKUT 165: Landlord’s 100% RRO reduced, as FTT had failed to consider landlord’s circumstances

Robert Winspear discusses the recent Upper Tribunal decision in Hallett v Parker [2022] UKUT 165

Published: 30th Jun 2022

Webinar - Disrepair: Valuing a County Court Disrepair Claim

Barristers Robert Winspear & Desmond Kilcoyne will be providing some virtual training for our next Housing Webinar

Published: 3rd Feb 2022

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

Robert Winspear discusses the recent Court of Appeal decision in Metropolitan Housing Trust Limited v TM [2021] EWCA Civ 1890

Too little too late: Successful PSED challenge to a possession order

Published: 21st Dec 2021

Introduction

Areas of Expertise

Education