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Elaine Palser
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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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