Contact Us

5 Essex Court
Temple, London, EC4Y 9AH
Phone: 020 7410 2000
Email: clerks@5essexcourt.co.uk

Practice Areas

Police Law; Public-Administrative Law; Employment Law; Other Specialisms



Victoria von Wachter

YEAR OF CALL 1997

Background:

Victoria’s first degree was in Biochemistry at Southampton University followed by a MPhil in Biochemical Genetics jointly sponsored by Southampton University and Magdalen College Oxford.

After leaving Southampton she pursued a career in industry firstly as an Industrial Relations specialist for companies working within manufacturing, broadcasting and water treatment and supply, and then as a self-employed management consultant.

She undertook her law degree as an external part time student of London University and was one of only three students in her part time year to be awarded a first class honours degree.

She took the BVC at the ICSL and was called to the Bar by Gray’s Inn in July 1997.

Police Law:

Victoria has acted for a number of Constabularies in disciplinary matters at first instance and at appeal both as a representative and as a legal advisor. She advises a number of constabularies in relation to police pensions and their administration. The majority of her police work focuses on advising and representing forces with respect to employment/discrimination matters.

Recent Police Cases:

TVPA v Berkshire County Council 2009: Case involving claim for multiple errors in pensions calculations stretching over a number of years and amounting to seven-figure value. Case goes to arbitration.

Employment Law:

Victoria’s main areas of practice are employment and discrimination law. She has represented clients within the public service and private industry in complex and lengthy cases in all aspects of her employment practice, and in particular in relation to all types of discrimination claims. She also has particular experience of restrictive covenants, TUPE and employment status cases. She represents many police forces in employment and discrimination cases often with associated matters such as PII, RIPA and cases with national security implications.

Her advocacy work involves frequent appearances in the Employment Tribunal and the High Court. Her appellate work has included appearances in the Employment Appeal Tribunal and the Court of Appeal. Victoria is retained as employment law advisor to the one of the world’s largest brick companies as well as the world’s third largest oil company. Her advisory work spans employment, statutory interpretation and pensions.

Recent Employment Cases:

Gilbert v. Kent Police Ashford Employment Tribunal 1102062/2008 March 2010: Read the full article in Personnel Today

Gloucestershire Police v. Peters UKEAT0322/10/ZT. Reversal of the REJ's decision to decline an application by the Police to stay ET proceedings pending the conclusion of a criminal investigation involving overlapping and common factual material. EAT judge's (HHJ Ansell) decision based on consideration of the possibility of a fair trial and weighing the balance of prejudice to both parties.:

McKie v Bluefin Insurance 2009 Scottish ET: Acted for Claimant in Constructive dismissal claim with restraint of trade sequellae

Haynes v Gloucestershire Police 2009: Case involving a claim of disability discrimination against a dyslexic Chief Inspector applying for promotion to Superintendent. Majority of claim dismissed. Costs application outstanding

Chandler v Kent Police 2009: Race discrimination claim settled through mediation (acted as mediator) resulting in predominantly non-financial solution

Urwin v Thames Valley Police 2009: Disability claim (Dyslexia) withdrawn after first day’s cross-examination

ICNM v Fewell 2009: Misfeasance by Director of Charity, case continues

Equine Law

Victoria acts for the police and private individuals and breed societies in any litigation or advisory work involving horses. To date she has conducted litigation and/or advised in the areas of personal injury, breach of contract, negligence, professional negligence (Veterinary surgeons), Judicial Review (Defra), defamation, horse identification (passports)/welfare, straying and other Animals Act matters.

Recent equine law cases

Re Summerleaze 2010: advised on next steps with respect to 50 horses abandoned on client site

Mote End Farm v Friedman 2009 : breach of contract case with sizeable counterclaim involving non-payment of livery fees.

Freedom Farm v Homewood 2009 QBD : Acted for Claimants in breach of contract claim by thoroughbred stud against large counterclaim spanning over 6 years. Case settled in favour of Claimant with costs.

Irish Draught Horse Society (GB) v 2 members 2006 QBD : case involving non-acceptance of stallions into studbook.

Re IDHS and Defra 2005 : Judicial review of the Ministry relating to statutory interpretation of European rules on parent and daughter stud books

Lectures

Victoria lectures extensively both to solicitors, operational managers and HR representatives on a wide range of employment law topics.

Recent seminars include:

Employment Law for Operational Managers

Employment Law for HR Managers

Mock Tribunals for solicitors, operational and HR staff

Equal Opportunities for Operational Managers

Age Discrimination – The New Law

Transfer of Undertakings – The New Regulations

Computer Use in the Workplace

Victoria also provides training in related management topics such as recruitment, appraisal and disciplinary interviewing which include a familiarization with the legal principles involved.

Publications
Collective Bargaining – Section of ‘British Personnel Management’ – Croner Loose leaf.
Rearing its ugly head (Harassment in employment) [27/2/2009] NLJ
Age Trouble (Age Discrimination) [2/11/07] NLJ
Piercing the Corporate Veil (TUPE related) [13/7/2007] NLJ
Unfair City Bonuses [12/1/2007] NLJ
The Terms and Conditions Quickstep (TUPE) [15/2/2006] NLJ

Education:

ICSL 1995 – 6

London University (Ext) P/T 1987 – 92

Southampton University/Magdalen College Oxford 1974-5

Southampton University 1971-4

Ealing Grammar School for Girls 1968 –70

Lourdes Mount Convent 1955 – 1966

Interests:

Horses and Riding (Represented GB at junior level in three day eventing, Currently Performance Test Director of the National Stallion Association)

Classical, Rock and Folk music Bridge