Victoria Webb

Victoria advises on judicial review challenges in the healthcare and education sectors. She has advised both students and educational and training bodies in relation to County Court and judicial review proceedings relating to claims for failure to make reasonable adjustments to take account of special educational needs. Most recently she provided advice to a training body in the healthcare sector threatened with a judicial review challenge by a trainee consultant whose training had been halted.

Victoria is establishing a significant clinical negligence practice and is regularly instructed by Claimants and Defendants in a broad range of medical matters. She has drafted pleadings, advised, and acted in matters relating to delayed diagnosis, misdiagnosis, hospital acquired infection, failed surgical procedures and informed consent. Cases include:

• A high-value brain injury claim arising out of alleged negligent handling of Claimant’s birth (junior to Ben Collins QC)
• A multi-track matter relating to alleged failure to diagnose soldier’s PTSD following tour of duty;
• A multiple-claimant High Court claim against a dentist, a dental nurse and the dental practice, arising out of alleged failures to follow infection control procedures;
• A high-value military claim arising from the long-term management of compartment syndrome raising allegations of negligence in both primary and secondary healthcare (junior to Ben Collins QC).

Victoria has solid inquest experience which is applicable to all areas of her practice.

Victoria is a member of the Professional Negligence Bar Association.

Victoria appears regularly in the Employment Tribunal and Employment Appeal Tribunal acting for both Claimants and employers in the full range of employment matters. She has also appeared in the Court of Appeal, successfully appealing an interlocutory decision on behalf of a Claimant in a discrimination dispute brought in the County Court (Stoute v LTA [2015] 1 WLR 79). She has a broad client base, including companies, private individuals, NHS Trusts, police forces, government bodies, and trade unions. Victoria has a particular interest in holiday pay claims. She acted as junior in the Lock v British Gas Trading Limited litigation at the Employment Appeal Tribunal, instructed by Unison legal services ([2016] ICR 503), and acted as junior in large-value disputes over holiday pay in the civil aviation sector. She regularly advises on contractual disputes. She also undertakes internal investigations into grievances and disciplinary matters, with experience of investigating allegations of sexual harassment and misconduct.

Recent cases include:

• A v A local council: Victoria successfully represented a benefits adviser at Tribunal and at the Employment Appeal Tribunal. He had been made redundant during a restructuring process which had failed to make sufficient adjustments to an interview process to counter the disadvantage he was under due to his dyslexia.
• X v An NHS Trust– High Court litigation arising out of the provision of references to a prospective employer of a consultant surgeon (junior to Giles Powell). Took lead on drafting Particulars of Claim and Schedule of Loss (totalling just under £2 million), as well as assisting in pre-action disclosure and advice on court procedure.
• Turner v Royal Borough of Kensington and Chelsea and others– Victoria successfully represented the Claimant, a part-time music teacher, in his claim for employee status.
• An ongoing High Court litigation between two NHS entities, arising out of the provision of references to a prospective employer of a consultant surgeon (junior to Giles Powell).
• Flowers v East Anglia Ambulance Service– represented multiple claimants at first instance in holiday pay claim focusing on what elements of overtime fell to be included in any contractual and statutory holiday pay.

Publications

Victoria is a contributor to the Atkins Court Forms: Employment volume 2013.

Victoria has given targeted talks to firms of solicitors and human resources departments including on whistleblowing, holiday pay, employment law in the armed forces, employment law and dentists, and maternity and parental rights.

Victoria is featured in a LexisNexis webinar highlights roundup on YouTube answering a question about holiday pay and bonuses at minutes 4.15 onwards.

Victoria’s busy personal injury practice comprises drafting, advisory and advocacy for claimants and defendants in fast and multi-track proceedings. She has solid experience in employer’s liability, public liability, defective premises and RTA matters.

She is experienced in relation to claims concerning non-recent sexual abuse. She was junior counsel for the Claimant, led by Mary O’Rourke QC, in a challenging nine-day High Court trial of historical sexual abuse claims in a Catholic seminary school in the 1970s. As a member of the Government C Panel, she is currently instructed on behalf of various defendants to high court claims of historic sex abuse, which typically raise issues of limitation and vicarious liability.

Significant cases include:

• Murray v Devenish[2018] EWHC 1895 QB: nine-day High Court trial of sexual abuse allegations from the 1970s (led by Mary O’Rourke QC).
• Murray v Devenish [2017] EWCA Civ 1016: appeal against case management decision to refuse substitution of medical expert.
• Stoute v LTA[2015] 1 WLR 79: Victoria successfully represented the Claimant at the Court of Appeal, unled, in his appeal concerning service of a claim form.
• Appearing in the Queen’s Bench Division on behalf of a Claimant applying for a declaration of capacity to deal with financial affairs under the Mental Capacity Act 2005.
• Successfully representing claimant resisting a Defendant’s relief from sanctions application (failure to obtain own medical evidence in line with directions) in multi-track personal injury matter.
• Representing claimant on appeal by landlord in Defective Premises Act 1972 claim, exploring the extent of the duty under section 4 of that Act.

Victoria has frequently appeared at the Criminal Injuries Compensation Appeal tribunal, on both eligibility and quantum appeals. She also has experience of inquests, having represented both families and other interested persons at pre-inquests reviews and at inquests, for example representing the family of a factory worker whose exposure to paint and machinery dust was found to have caused his severe lung condition, resulting in a verdict of death by industrial disease.

Victoria accepts instructions on a conditional fee basis.

She is a member of the Personal Injuries Bar Association.

Victoria is experienced in professional regulatory work, having appeared at the General Medical Council, General Pharmaceutical Council, Health and Care Professions Council, and Nursing and Midwifery Council on behalf of Registrants. She has defended Registrants facing a range of allegations, including dishonest behaviour, making retrospective changes to clinical notes, lack of competence in clinical care, sleeping on the job, and sexual and other types of misconduct towards colleagues. She also has experience of ACCA panels and has acted as a junior in injunction matters concerning attempts to restrain internal disciplinary hearings.

Cases include:

• Successfully representing a biomedical scientist accused of rushing sample analyses and not following infection control procedures. Panel concluded fitness to practise was not impaired;
• Successfully representing physiotherapist who had retrospectively amended a patient record. Charge of dishonesty was not proved and panel imposed no sanction;
• Obtaining a variation of interim conditions at the GMC, on behalf of an ST7 trainee working towards a consultancy post, who was facing allegations of misconduct concerning patient care, record keeping and probity. The condition concerning supervision was removed;
• Obtaining a conditions of practice order on behalf of a Registrant at the General Pharmaceutical Council, who had been accused of serious misconduct, which he denied. A suspension order would have had a catastrophic effect on him and his family.

Victoria is a barrister experienced in representing both employees and employers at employment tribunals in the full range of employment disputes, including discrimination and harassment, whistleblowing, unfair dismissal, and disputes over pay and conditions. She has a broad client base, including companies, private individuals, NHS Trusts, police forces and trade unions, and is a member of the Attorney General’s C Panel of junior counsel undertaking civil work for government departments.

Victoria has conducted internal grievance and disciplinary investigations into complaints of bullying and harassment, including sexual harassment, in the workplace. Victoria is licensed to accept public access instructions.

• British Gas Trading Limited v Lock and another, [2016] 2 ICR 503. Represented Mr Lock as junior in this leading holiday pay case concerning the treatment of “results-based commission” in the calculation of holiday pay.
• Barata v A2 Housing Operations Ltd. Represented Claimant on appeal brought by landlord in Defective Premises Act 1972 [VW1] claim.
• Isaac Stoute v. LTA Operations Ltd t/a Lawn Tennis Association, [2015] 1 WLR 79. Successfully represented Claimant at Court of Appeal in interlocutory matter concerning whether service of a claim form had been valid in circumstances where the County Court had served a claim form despite a request from the Claimant for solicitor service.
• Camden Federation of Tenants & Residents Association v Ms S Hayward, UKEAT/0423/13/SM represented Respondent in appeal concerning whether discretion wrongfully exercised in refusing to review application for default judgment.
• C v. NMC (2013). Successfully represented Registrant accused of dishonesty in relation to recording of administration of medication. Charges dismissed.

• Wm Morrison Supermarkets Plc v Various Claimants & Barclays Bank Plc v Various Claimants
• Personal Protective Equipment – The Last Frontier?
• Victoria Webb successful in the EAT in Q v Secretary of State for Justice
• Supreme Court refuses permission to appeal in Lock v British Gas
• Successful applications to Attorney-General’s C Panel for Old Square members