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Emily Windsor

Called 1995

Emily Windsor

Emily Windsor specialises in all aspects of property litigation, with particular emphasis on commercial property disputes and agriculture. She has extensive litigation experience at all levels and and in the past few years has appeared in cases concerning break clauses, development agreements, rectification, proprietary estoppel, rent review, nuisance, leasehold enfranchisement and agricultural holdings. Emily also has experience of personal and corporate insolvency litigation.

  • Education
    • Worcester College, Oxford: BA Jurisprudence (1993) 
    • Université Panthéon - Assas (Paris II): DSU European Law (1994). Rotary International Foundation Scholar.
  • Professional
    • Gray's Inn Steen Scholarship
    • Member of the Agricultural Law Association Committee 1997-1999
    • Elected member of the Bar Council 2000-2005 
    • Chairman of the Young Barristers' Committee of the Bar Council 2002
    • Elected member of the Chancery Bar Association Committee 2003-2006
    • Member of the Bar Council's Bar Standards Board 2006-2010
    • Chairman of the BSB's Diversity Committee 2007-2009
    • Joint Vice-Chairman of the BSB's Education and Training Committee 2007-2013 
    • Chairman of Taxation Disciplinary Board Disciplinary Panels 2008-2010
    • Deputy District Judge
  • Recent Cases
    • Ashdale Land and Property Co Ltd v Maioriello [2012] 2 EGLR 119
    • Alford v Hannaford [2011] EWCA Civ 1099
    • National Westminster Bank plc v Hunter [2011] EWHC 3170 (Ch)
    • Rahamim v Reich [2009] ChD (exemplary damages and debarring orders)
    • Majorstake Ltd v Curtis [2008] UKHL 10 (opposition to enfranchisement on redevelopment grounds and statutory construction).
    • Hopper v Hopper [2008] EWHC 228 (proprietary estoppel)
    • Thomson v Church Commissioners for England [2006] 3 EGLR 1 (succession under the Agricultural Holdings Act 1986)
    • Faircare Investments Ltd v Earlrose Golf and Leisure Ltd [2006] PLSCS 44 (registered title and agency)
    • Shephard v Turner [2006] 2EGLR 73 (restrictive covenants)
    • Monella v Pizza Express (Restaurants) Ltd [2004] 1 EGLR 43 (rent review)
    • Owen v. Blathwayt [2003] 1 P&CR (grazing rights over common land) 
    • Yenula Properties Ltd v Naidu [2002] 3 EGLR 28 (service of notices and agency)
    • State Bank of New South Wales v. Harrison [2002] EWCA Civ 363 (courts' powers to stay orders for possession of mortgaged property)
    • Blackburn v David Alston (Suffolk) Ltd [2001] PLSCS 263 (restrictive covenants and estoppel)
    • Essex Furniture plc v National Provident Institution [2001] L&TR 3 (forfeiture by peaceable re-entry during tenant's insolvency)
    • Scotch Whisky Association v Glen Kella Distillers (No.2) Times Law Reports April 1, 1997 (intellectual property and the European definition of "whisky")
    • Harries v Barclays Bank plc [1997] 2 EGLR 15 (mortgages and milk quotas, the position of non-active quota holders and the European definition of "producer")
  • Publications
    • Bullen & Leake & Jacob's Precedents of Pleadings (14th ed.) (Contributing Editor - Property Section)
    • Woodfall Bulletin (Joint Editor)
"Has a practice which spans all facets of property litigation, and particular experience with regard to development agreements, rent review and leasehold enfranchisement. Strengths: 'She is user friendly, clearly on top of the legal issues and good at spotting and avoiding potential pitfalls.' 'Emily is an exceptionally talented barrister and is a go to counsel for property litigation advice. Not only is she particularly thorough, astute and able to easily distil complicated matter, she is also super with clients, providing commercial and realistic advice.' Recent work: Acted for the landlord in lease renewal proceedings in Central London County Court." Chambers UK Guide 2018 (Real Estate Litigation)
"Stand out junior with significant expertise in commercial and agricultural property. Her recent caseload has included claims to succession of 1986 Agricultural Holdings Act tenancies and disputes over diversification of agricultural land. Strengths: 'She has enviable knowledge of this area of law, she’s excellent with clients and she’s an advocate to be feared if you’re on the other side'. Recent work: Represented the tenant in Meath Baker v Bamwell, a case regarding the legality of various sub lettings under the Agricultural Holdings Act." Chambers UK Guide 2018 (Agriculture & Rural Affairs)
"An outstanding junior, who is particularly adept at advising tricky clients in conference."Legal 500 (2017)
"She is great with clients, excellent at anticipating what the other side may do, and a thorough and committed advocate."Legal 500 (2017) (Agriculture)
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