Elaine Palser

Overview

Elaine has an extensive Chancery practice, including commercial disputes, contentious trusts and probate, insolvency, and property.

The Legal 500 has described Elaine in successive editions as:

  • a seasoned legal gladiator – equipped with robust intellect, empathy and pragmatism”,
  • “technically excellent”, with “a good eye for detail”,
  • “quick to respond, clear on the law and very good with clients”,
  • “a team player who synergises the efforts of clients, solicitors and clerks towards effective problem solving”,
  • “very analytical and works hard to get to the nub of the issues”, and
  • “no shrinking violet when it comes to advocacy”.

Elaine is recommended as a Leading Junior for Private Client: Trusts and Probate and Insolvency in the Legal 500. She was named Contentious Trusts and Probate Lawyer of the Year in the 2016 Women in Law awards, Commercial Disputes Barrister of the Year for 2015 by Lawyer Monthly, and winner of Corporate LiveWire’s 2015 Insolvency award.

Elaine is valued for her clear and practical advice, precise drafting, and persuasive advocacy. She has a strong academic background in both law and business, and combines intellectual rigour with pragmatism to achieve successful outcomes for her clients.

Elaine is also a CEDR-accredited mediator.

Representative Cases

Commercial and Trusts

  • Acting (with Jonathan Crow QC and Isaac Jacob) for a Russian businessman in a US$2 billion claim concerning Angolan diamonds, breach of trust, dishonest assistance, and conspiracy.
  • Acting for a commercial agent in a multi-million pound damages claim concerning risk-analysis software.
  • Acting for a major investment company in a claim by a Texan company for breach of an oil and gas exploration contract.
  • Acting for a high profile businessman in a Quistclose trust dispute.
  • Acting (with Isaac Jacob) for an Israeli businessman in a multi-jurisdictional contractual dispute worth over US$100 million concerning mining ventures in the DRC and the enforcement of securities in the BVI and Gibraltar.

Probate and Trusts

  • Acting for the deceased’s daughter in a multi-million pound Inheritance Act claim brought by the deceased’s widow against his children and former employees.
  • Acting for the deceased’s brother in a challenge to the validity of the deceased’s will on grounds of lack of capacity, want of knowledge and approval, and undue influence.
  • Acting for the alleged recipient of estate monies in a claim for an account and unjust enrichment, and in related freezing injunction applications.
  • Acting for a beneficiary in a claim to remove the executors of his mother’s will on grounds of serious impropriety and delay.
  • Acting for the alleged trustee in a multi-million pound claim by his father for an account in light of alleged breaches of trust spanning several decades.

Insolvency

  • Acting for several sports clubs in insolvency matters, including Cardiff City Football Club in a widely publicised dispute against HMRC.
  • Acting for a publicly listed company in an urgent application for an injunction to restrain advertisement of a winding up petition and to strike it out as an abuse of process.
  • Acting for a trustee in bankruptcy in a claim involving sham trusts, transactions at an undervalue, and transactions defrauding creditors.
  • Acting for the liquidators in one of the few reported cases on the interpretation and effect of s.183 of the Insolvency Act 1986.
  • Acting for a company and its liquidator in a claim for alleged conspiracy, abuse of process, and malicious prosecution of civil proceedings.

Property

  • Acting for LPA receivers against a mortgagor alleging a sale at an undervalue of commercial and residential premises.
  • Acting for a property owner in a protracted boundary dispute and securing permission to admit further expert evidence after conclusion of the trial.
  • Acting for a major retailer in proceedings for forfeiture of commercial premises.
  • Acting for a leading property developer in a claim for a declaration that its landlord unreasonably withheld its consent to assign several leases.
  • Advising professional indemnity insurers on a potential multi-million pound claim arising from hundreds of defective appointments of LPA receivers.

Professional Memberships

  • Chancery Bar Association
  • Commercial Bar Association
  • Insolvency Lawyers’ Association
  • Society of Trust and Estate Practitioners
  • Association of Contentious Trust and Probate Specialists

Lecturing

  • Elaine lectures on a wide range of subjects for her solicitors, e.g. LPA Receivers for Freshfields.
  • Elaine was a Lecturer in Law (teaching Trusts, Tort, and Land Law) at Exeter College, Oxford University, from 2004 to 2009.

Publications

Elaine has written on a wide range of subjects, including

Education

  • MA (Law) – Trinity Hall, Cambridge
  • BBusSc (Hons) (Economics and Law) – Cape Town

Elaine Palser is an independent self-employed barrister registered with the Bar Standards Board of England (ref. no 44548); whose practice is governed by the Code of Conduct of the Bar of England and Wales which code can be found at www.barstandardsboard.org.uk; has full professional liability insurance provided by the Bar Mutual Indemnity Fund Limited (ref BM 2930/052) (details of the world-wide cover are provided at www.barmutual.co.uk); is registered for VAT (reg. no. 843 3624 31); and can be contacted during chambers opening hours by telephone at 02074045055 or by e-mail at clerks@9stonebuildings.com.

In addition to the Terms and Conditions specified on the chambers' website, optional clauses 7(b) and 7(c) shall apply with the insertion of a figure of ten million pounds (£10m).