Chancery and Commercial
Victoria is regularly instructed on behalf of companies, liquidators and trustees in bankruptcy and appears very regularly in the Chancery Division of the High Court. Her cases typically concern transactions at undervalue, wrongful/fradulent trading, issues as to validity of securities and directors’ disqualifications proceedings. She regularly attends court on the hearing of winding up and bankruptcy petitions, and on various hearings such as on applications to set aside statutory demands, injunctions to restrain presentation of winding up petitions or advertisement and for recission and validation orders. Given the urgency with which such applications need to be made, she offers a quick turnaround on all papers.
Victoria advises and acts in a range of matters relating to land disputes including boundary disputes, mortgage, contentious probabte and landlord and tenant matters.
Victoria advises and acts in commercial disputes including claims relating to breaches of contract for the supply of goods, professional negligence matters and claims brought by commercial lenders. A recent example includes acting for the Claimant in a large claim relating to the supply of faulty pharmaceutical bottles.
Victoria is regularly instructed in inquests and has recently acted in a high profile inquest on behalf of the Home Office as part of her appointment as Treasury Counsel.
Victoria undertakes Equine cases including cases relating to the sale of horses.
Victoria regularly accepts instructions in matrimonial finance cases, in particular those with an insolvency / corporate element and forensic accounting issues.
Victoria accepts instructions in private law children applications, including applications under The Hague Convention.
Books & Articles
- Family Affairs Spring Edition 2012 – International Bar Association Conference Dubai.
- Author of the Bankruptcy section, ‘The Lawyer’s Remembrancer’ (2013).
Areas of Practice
- Treasury Counsel to the Crown (Civil Panel)
- Chancery Bar Association
- Northern Circuit Commercial Bar Association
- Insolvency Lawyers’ Association
“I appreciate the time and effort you put in today, you fought a good fight, remained strong and professional, I was proud to have you representing me.”
- Hancock v Promontoria (Chestnut) Ltd  EWHC 2646 (Ch) High Court: Acted as junior in substantive insolvency appeal hearing in respect of whether or not an alleged creditor could actually show good title to certain alleged debts. Detailed issues as to construction / interpretation of an Assignment and Assumption Deed.
- Akthar v Welcome Finance Ltd (2019) Manchester County Court. Successfully obtained damages at trial in respect of a mis-selling case. The Court found that there was an unfair relationship between the lender and borrower and that the broker who arranged the finance owed a fiduciary duty to the borrower. The broker’s commission was also awarded in C’s favour.
- Hancock v Promontoria Pine Designated Activity Company (2019) (Liverpool County Court, Business and Property) Successfully applied to set aside a statutory demand in the sum of £650,000 brought by an Irish based company on the issue of whether there had been an effective assignment and therefore whether the creditor had title to bring insolvency proceedings.
- Natwest Bank Plc v Chen (Dudley County Court) 2018: Successfully set aside a summary judgment in an application where the debtor had delayed in making an application to set aside the judgment upon receiving notice of a final charging order during enforcement proceedings.
- McGann v Bisping case (2017) High Court of Justice, Mercantile Division before Richard Salter QC sitting as a Deputy High Court Judge: led by Nigel Lawrence QC in a large value breach of contract claim against a high profile MMA fighter. Victoria Roberts was responsible for making an application for a debarring order in respect of the Defendants non-disclosure. Successfully obtained damages at trial.
- H-C v H-C (2017) (Ancillary Relief: sharing and needs) Manchester CC. – Acted for a husband in a financial remedy case where the wife had a terminal illness. Successfully argued that the husband’s needs should take priority over the wife’s claim for an equal division of the matrimonial assets.
- NWF Fuels Limited v Gogerddan Garage Limited (High Court of Justice, Birmingham District Registry) 2017 – Victoria Roberts successfully secured judgment for £298,000 against a company and its guarantor directors in favour of a fuel supply company. Issues involved limitation defences, a counterclaim for alleged non-supply and attempted dissipation of company assets.
- John Burns v Nationwide (HHJ Hodge QC – on appeal from DDJ Hesaltine, Birkenhead County Court) – Victoria Roberts successfully appealed a case management decision relating to the court’s refusal to allow an application to rely on an amended defence.Victoria was also successful in appealing a possession order and money judgment for £250,000 made at a summary hearing on the basis that the lender’s failure to provide consent for proposed leases over the secured property created an unfair relationship within the meaning of s140A of the Consumer Credit Act 1974.
- McGovern v Brooks (2016) (High Court of Justice) Appeared on behalf of a successful claimant in an application to remove an executor in a probate matter. The case was unique in that it involved an application to remove prior to a grant of probate being obtained.Both executors were removed.
- Bland v Brady (2015) High Court of Justice, Manchester District Registry – Successfully obtained a substantial judgment in a misfeasance / breach of fiduciary duties action against a former director of a company on behalf of a liquidator.
- Gisburne Park Estates Ltd v Panama Sports Horses UK Ltd (2015) – Court of Appeal (Vos L.J) Acted as junior counsel to Raquel Agnello QC. Acted for the successful Respondent in a second appeal and application to admit fresh evidence which was dismissed.
- Gisburne Park Estates Ltd v Panama Sports Horses UK Ltd (2015) – On Appeal (HHJ Pelling QC): Acted as junior counsel to Raquel Agnello QC. Successfully resisted the Appellant’s application to appeal.
- Gisburne Park Estates Ltd v Panama Sports Horses UK Ltd (2014) Acted as a junior counsel to Stephen Cogley QC in a contested winding up petition with related landlord and tenant issues (relief from forfeiture, distress, and unlawful eviction).
- Knox v Three (2015): Compromised a claim for injunctive relief/damages against an international mobile telephone provider.
- Liverpool City Council v Public Safety Charitable Trust  (latterly 2013 EWHC 1237 (Admin) (Sales.J) – Appeared in a test case on behalf of the Council at first instance in relation to liability orders claimed against the PSCT requiring payment of non-domestic rates in respect of commercial properties owned by the charitable trust.
- In Re A Company (2014) – successfully secured an injunction to restrain presentation of advertisement.
- Oceans Eleven Limited v Richardson (2012) – successfully obtained an injunction to restrain a presentation of a winding up petition against a family company.
- Liverpool Quays Management v Moscardini  UKUT 244 (LC): Successfully resisted an appeal brought by a management company in the Upper Tribunal (Lands Chamber) for the payment of legal fees as service charges in respect of proceedings by lessees against a third party.
- HH v Sutton (2013) (Mr Justice Briggs V.C).
- Acted for a large firm of solicitors in injuction proceedings to prevent a former employee from disposing of the firms’s website names.
- In Re A Company (2014) (High Court of Justice, Companies Court): Acted for a PLC which sought injunctive relief against an offshore holding company in order to protect its main asset (a valuable shareholding in a coal mine). Successfully obtained an Undertaking.
- Conister Bank Ltd v Oysten (2014) Successfully obtained judgment in a tort of conversion case on behalf of a Manx Lender.