9 Stone Buildings, Lincoln's Inn, London, WC2A 3NN, United Kingdom
nine stone buildings barristers in these chambers undertake advocacy, drafting and advice 
in a wide range of equity, property, commercial and financial matters both at home and overseas. instructions are 
accepted not only from solicitors entitled to practise in england and wales but from foreign lawyers and from 
professionals approved by the bar council for direct access to counsel
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Elaine Palser

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Elaine Palser Call:
Middle Temple, 2002

Qualifications:
MA (Oxford)
MA (Cambridge)
BBusSc (Hons) (Cape Town)

Practice:
Elaine Palser has a general chancery and commercial practice. She undertakes a wide range of drafting and advisory work, and appears regularly in the High Court, county courts, and tribunals. She has experience of conducting fast and multi-track trials, of handling a variety of applications, and of mediation. Her areas of practice include:
  • corporate and personal insolvency;
  • wills, probate, and family provision;
  • property disputes (including leases, mortgages, and trusts);
  • company and commercial disputes;
  • professional negligence; and
  • private international law (including jurisdiction, choice of law, and enforcement of foreign judgments).
Lecturing:
Lecturer in Law (Trusts, Tort, and Land Law) (Exeter College, Oxford University) (2004 to the present)

Examples of recent cases:

Corporate and personal insolvency
  • Settling proceedings and acting in applications for administration orders and extensions of time.
  • Advising on the appropriate distribution of a bankrupt's estate
  • Settling proceedings and acting in an application for a validation order.
  • Acting in an application to restrain advertisement of a winding-up petition.
  • Advising with respect to the termination of a partnership voluntary arrangement.
  • Acting in winding-up petition hearings.
  • Acting in bankruptcy petition hearings.
  • Advising on and settling proceedings for an order in aid.
Wills, probate, and family provision
  • Advising on and settling proceedings concerning the validity of a will where testator alleged to be of unsound mind, memory and understanding.
  • Advising on a claim for family provision by a widow under the Inheritance (Provision for Family and Dependants) Act 1975.
  • Advising on and settling proceedings in an application to replace the personal representative of an estate.
  • Advising on the appropriate distribution of an intestate's estate under the Administration of Estates Act 1925.
  • Advising on a will's proper execution pursuant to s.9 Wills Act 1837.
  • Acting in an application for a Beddoe Order.
  • Acting in an application for a Benjamin Order.
  • Advising on whether inheritance tax was payable on a deceased's estate.
Property disputes
  • Acting in an application to determine the premium for a lease extension under the Leasehold Reform, Housing and Urban Development Act 1993.
  • Acting in a trial concerning the sale of a property by a mortgagee at an alleged undervalue.
  • Acting in a trial concerning the Trusts of Land and Appointment of Trustees Act 1996 and co-ownership under a constructive trust.
  • Advising on and settling proceedings in a possession claim where allegations by mortgagor under the Disability Discrimination Act 1995.
  • Acting in a trial concerning the forfeiture of a commercial lease.
  • Settling proceedings and acting in a trial concerning service charges.
  • Acting in a mediation of an unlawful eviction claim.
  • Acting in an application concerning the court's jurisdiction to grant a stay after execution of a warrant for possession: Mortgage Express v Da Rocha-Afodu [2007] All ER (D) 276 (Feb).
Company and commercial disputes
  • Acting in a disqualified director's application for leave pursuant to s.17 Company Directors Disqualification Act 1986.
  • Settling proceedings and acting in an application for a declaration that a property transfer was void pursuant to s.423 Insolvency Act 1986.
  • Acting in applications for rectification under s.404 Companies Act 1985.
  • Advising in a potential claim concerning an inter-shareholder dispute.
  • Settling proceedings for a contribution by partners to a partnership debt.
  • Acting in a trial concerning breaches of a construction contract and mistake.
Professional negligence
  • Advising as to potential negligence claims against solicitors.
Private international law
  • Advising on the enforcement of a foreign judgment in England.
  • Advising on the jurisdiction of the English courts to entertain a claim.
Recent Publications:
  • "The duty of care in gross negligence manslaughter" (with Jonathan Herring) [2007] Criminal Law Review 24 (Duty of care in tort and criminal law)
  • "Rectification for unilateral mistakes: how heavy is the burden of proof?" [2006] Lloyd's Maritime and Commercial Law Quarterly 139 (Rectification of contracts in the light of Wimpey v VI Construction)
  • "Equity" chapter in "Discovering the Law", ed. Sean Butler, Law Matters Publishing [2006]
  • "Owusu v Jackson - the End for Forum Non Conveniens?" [2006] 15(1) Nottingham Law Journal 32 (Jurisdiction and forum non conveniens)
  • "Bankruptcy Petitions" [2006] Solicitors Journal 150(5) 152 (Difficulties of bringing bankruptcy proceedings based on unassessed solicitors' fees)
  • "Turning Back the Clock" [2005] New Law Journal 1592 (The setting aside of trustees' decisions in the light of Sieff v Fox)
  • "Owusu v Jackson: Analysis and Comment" [2005] 11 Journal of International Maritime Law 182 (Jurisdiction and forum non conveniens)
Academic Awards:
Astbury Scholarship
Dr Cooper's Law Studentship
Christopher James Memorial Trust Award for Law
Harry Crossley Foundation Bursary
Murray-Jelkes Scholarship
Cambridge Commonwealth Trust Scholarship
Washkansky Scholarship
Ben Beinart Memorial Prize for Law
Twamley Scholarship for Law

Membership:
Chancery Bar Association

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