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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
    • Fellow of the Chartered Institute of Arbitrators since 2014
    • 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 2006-2016
    • Chairman of the BSB's Diversity Committee 2007-2009
    • Joint Vice-Chairman of the BSB's Education and Training Committee 2007-2016 
    • Chairman of Taxation Disciplinary Board Disciplinary Panels 2008-2010
    • Deputy District Judge.
  • Recent Cases
    • Alexander Devine Children's Cancer Trust v Millgate Developments [2019] 1 WLR 2729 (application to discharge or modify restrictive covenant - whether restriction "contrary to the public interest").
    • M&P Enterprises v Norfolk Square [2018] EWHC 2665 (Ch) (whether judge's conduct of a trial was unfair and/or would have led a fair-minded and informed observer to conclude that there was a real possibility of bias).
    • Scott Walby v Scott Walby [2013] 1 EGLR 111 (No grounds on which to imply into a transfer of part of faring land and buildings an easement of drainage in favour of the retained land). 
    • Ashdale Land and Property Co Ltd v Maioriello [2012] 2 EGLR 119 (excessive user of easements)
    • Alford v Hannaford [2011] EWCA Civ 1099 (CA) (extent of easements over farmland)
    • National Westminster Bank plc v Hunter [2011] EWHC 3170 (Ch) (enforcement of agricultural charges)
    • 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
    • General Editor, Muir Watt & Moss: Agricultural Holdings, 15th edition, Sweet &  Maxwell 2018

    • 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, including agricultural land disputes, and particular experience with regard to development agreements, rent review and leasehold enfranchisement. Her expertise is enhanced by her appointment as deputy district judge. Strengths: "A wise, authoritative and reassuring presence on all things landlord and tenant." "She's the iron fist in the velvet glove."Chambers and Partners UK Guide 2021 (Real Estate Litigation)
Standout junior with significant expertise in commercial and agricultural property. Her caseload includes claims to succession of 1986 Agricultural Holdings Act tenancies and disputes over diversification of agricultural land. She is a general editor of the leading textbook Muir Watt & Moss: Agricultural Holdings. Strengths: "She's a fantastic barrister to work with and she has an excellent way about her; she's the iron fist in the velvet glove and clients very much like her." Chambers and Partners Guide 2021 (Agriculture & Rural Affairs)
"She is a real go-to senior junior, especially for landlord and tenant matters."Legal 500 2021
"Her client skills are second to none. She has the ability to put clients at ease and convey the legal and commercial issues effectively, demonstrating very sound judgement. When it comes to advocacy and negotiation, Emily is "an iron fist in a velvet glove" - she is assured, determined and tenacious and a superb advocate."Legal 500 2021 (Agriculture)
Has a practice which spans all facets of property litigation, including agricultural land disputes, and particular experience with regard to development agreements, rent review and leasehold enfranchisement. Her expertise is enhanced by her appointment as deputy district judge. Strengths: "She is brilliant – very knowledgeable and can answer any query off the top of her head." "For anything involving tenancies, Emily is a go-to person."Chambers and Partners UK Guide 2020 (Real Estate Litigation)
"A real go-to senior junior."Legal 500 2020
"Has a practice which spans all facets of property litigation, and particular experience with regard to development agreements, rent review and leasehold enfranchisement. Her expertise is enhanced by her appointment as Deputy District Judge. Strengths: 'Very pragmatic and clear in her advice.' 'A canny 'go-to' senior junior for all things landlord and tenant-related'." Chambers UK Guide 2019 (Real Estate Litigation)
"Standout 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. She is a general editor of the leading textbook Muir Watt & Moss: Agricultural Holdings. Strengths: 'A very clever and busy practitioner, who is especially good with difficult clients'." Chambers UK Guide 2019 (Agriculture & Rural Affairs)
"A true expert, extremely knowledgeable, experienced and thorough."Legal 500 2018 (Property Litigation)
"A true expert in the area of agricultural property litigation."Legal 500 2018 (Agriculture)
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