Robert Winspear

Introduction

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 Davis 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. The 12-week trial will commence in October 2023.
Acting as sole counsel in a 3-day multi-track contentious probate trial (value approximately £115,000) where testamentary incapacity and undue influence have been alleged.

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:

2023 - 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).

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:

2023 - 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.

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:

2023- 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).
2022 - 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)
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’.

Robert Winspear acted for the successful petitioner in Krishna v Gowrie and others [2023] EWHC 1538 (ch)

Robert Winspear, with Iain Quirk KC and Freddie Onslow of Essex Court, acted in a £150m fraud and unfair prejudice claim in the Chancery Division, heard over 7 weeks.

Published: 5th Jul 2023

Renters (Reform) Bill: A Tour Bus Guide – Stop 5: Rent Increases

Robert Winspear provides the fifth instalment of our Renters (Reform) Bill Tour, covering rent increases.

Published: 22nd Jun 2023

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

Introduction

Commercial & Chancery Law

Employment Law

Contractual Disputes

Property Law

Areas of Expertise

Education

Scholarships & Awards

Related News

Robert Winspear acted for the successful petitioner in Krishna v Gowrie and others [2023] EWHC 1538 (ch)

Renters (Reform) Bill: A Tour Bus Guide – Stop 5: Rent Increases

Assessing Quantum: Rent Repayment Orders

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

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

Webinar - Disrepair: Valuing a County Court Disrepair Claim

Injunctions against the World:

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

Robert Winspear discusses the recent Court of Appeal decision in Hajjaj v City of Westminster; Akhter v LB Waltham Forest [2021] EWCA 1688