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 in the past few years has appeared in cases concerning restrictive covenants, easements, adverse possession, proprietary estoppel, rectification, break clauses, development agreements, rent review, nuisance 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
• Recent Cases
  • Chipp-Marshall v Coombes (2024) HHJ Walsh (whether title to land had been acquired by adverse possession or estoppel, and whether it had been wrongly registered at HM Land Registry)
  • Maitland Court v Gulshan (2024) HHJ Evans-Gordon (whether a landowner was entitled to maintain a locked gate against the holder of an easement)
  • Griffith v Roberts (2022) Mold District Registry, KBD (whether title to land had been acquired by adverse possession; and writs of restitution) 
  • Liddiment v Hull [2021] EWHC 3418 (Ch) (appeal against a possession order made in favour of receivers)
  • Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 (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).
  • Walby v Walby [2013] 1 EGLR 111 (No grounds on which to imply into a transfer of part of farming 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, 16th edition, Sweet &  Maxwell 2024

  • 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).