Victoria specialises in commercial disputes including bringing and defending contractual claims, supplier disputes, professional negligence, shareholders’ claims, warranty and indemnity claims, and recovery of debts. This includes alternative dispute resolution processes including mediation, as well as dealing with cases in the High Court and Court of Appeal.
She also has experience of Judicial Review, advising on disciplinary processes before an independent tribunal in the energy and natural resources sector, and suspension and termination of contracts in the retail sector.
- A consumer body on all of its disputes, often where a consumer has made a complaint about a member which the consumer body is attempting to resolve, and assisting the body in its disciplinary processes against members. This involves issues of public law, natural justice and judicial review
- On a long-running and strongly contested claim against surveyors in relation to a negligent overvaluation of a shopping centre. This involved preparing detailed witness statements, instructing and liaising with expert witnesses in a number of fields, advising on limitation and funding issues. The defendant surveyors appealed the judgment following a 4 week trial, and the case was subsequently heard by the Court of Appeal. Judgment resulted in substantial damages being awarded to our client
- On a detailed assessment worth c.£4.5m including complicated funding issues such as conditional fee agreements, after the event insurance, and multiple costs orders for different periods and at different rates, resulting in a favourable settlement to our client of more than 73% of costs claimed
- An English company with a parent company in Belgium in defending a claim brought by a Hong Kong company which, through its principal, provided management services to our client and its group companies in Belgium and the US. The claim was regarding contract termination and bought in issues of conspiracy, diversion of business, and improper use of group funds. Proceedings were also brought in the US, Greece, Belgium and Brazil and as such Victoria liaised to ensure that all actions taken in England were consistent with the approach in other jurisdictions
- The United States-based purchaser of an English company on warranty and indemnity claims arising. The indemnities concerned the English company's defined benefit pension scheme, including the failure to equalise correctly, a failure to implement RPI increases, and a failure to change the accrual rate as intended. The warranties related to accounting issues. This matter included advising on the contractual notice of warranty claims required under the Sale and Purchase Agreement, detailed pre-action correspondence, advising on the competing service provisions in the CPR and the Sale and Purchase Agreement, and assisting Counsel to prepare Particulars of Claim, shortly after which we negotiated a settlement to the value of the entire claim
- An individual majority shareholder against whom an allegation of unfair prejudice was made by two minority shareholders, including failure to supply financial information, drawing excessive remuneration, and paying excessive remuneration to family members, and secretly incorporating a new company and diverting business to it. Our client's Part 36 offer was accepted after his Defence had been served, and when witness statements were being prepared, resulting in a favourable result for the client
- On a claim for breach of warranty in the days leading up to completion which threatened to derail the sale of the wind farm development. Advised on retention and settlement agreement, and advised subsequently when the purchaser failed to repay the retention as required, resulting in full payment being received
- A number of entities in the British Virgin Islands and Guatemala in High Court proceedings in London regarding matters arising out of a joint venture conducted with two substantial US companies on-and off- shore Guatemala. This involved the full Commercial Court process as the matter settled in the days before trial
- On defending claims by fishermen that the construction, development and operation of various offshore windfarms have disrupted rights of navigation or led to a loss of revenue, in particular assisting in preparing for mediations and settlement agreements.
The commercial disputes team in Bristol '[has] continued to work seamlessly as a team, regardless of the operational constraints of lockdown and the fact they are working remotely. Very good at ensuring value for the client by ensuring higher fee earners supervise, whilst lower fee earners do the day to day work.'
'Womble Bond Dickinson bring a very experienced and capable team to bear when running commercial litigation. They work collectively, both internally and with instructed counsel to ensure that no stone is left unturned.'