Elaine Palser
Call:
2002 (Middle Temple)
Education:
MA (Oxford)
MA (Cambridge)
BBusSc (Hons) (Cape Town)
Practice:
Elaine Palser has a broad 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. Her principal areas of practice include:
- real property, and landlord and tenant;
- wills, probate, and trusts;
- corporate and personal insolvency; and
- company and commercial disputes.
Examples of recent cases:
Real property, and landlord and tenant
- Settling proceedings for a declaration that a landlord unreasonably withheld consent to assign several commercial leases.
- Settling proceedings and acting in a trial concerning service charges.
- Advising as to the correct interpretation of various clauses concerning the costs, expenses and remuneration of a Law of Property Act receiver.
- Acting in an application to determine the premium for a lease extension under the Leasehold Reform, Housing and Urban Development Act 1993.
- Acting in an application for a stay after execution of a warrant for possession: Mortgage Express v Da Rocha-Afodu [2007] All ER (D) 276 (Feb).
Wills, probate, and trusts
- Advising on a claim for family provision by a widow under the Inheritance (Provision for Family and Dependants) Act 1975.
- Acting in a claim to substitute a personal representative.
- Advising on and settling proceedings concerning the validity of a will where the testator was alleged to lack mental capacity.
- Acting in an application for a Beddoe Order.
- Acting in a trial concerning the Trusts of Land and Appointment of Trustees Act 1996 and co-ownership under a constructive trust.
Corporate and personal insolvency
- Acting in applications for administration orders.
- Acting in an application to restrain advertisement of a winding-up petition.
- Settling proceedings and acting in an application for a validation order.
- Acting in bankruptcy and winding-up petition hearings (including successfully representing both Cardiff City Football Club (2010) and Preston North End Football Club (2010) against HMRC).
- Acting in applications to set aside statutory demands.
Company and commercial disputes
- Acting in a trial of a claim for estate agency commission.
- Advising as to the correct interpretation of a commercial agency contract.
- Advising on whether a sale deposit clause constituted a penalty clause.
- Settling proceedings and acting in an application for a declaration that a property transfer was void pursuant to s.423 Insolvency Act 1986.
- Advising on the enforcement of a foreign judgment in England.
Publications and Seminars:
- "Law of Property Act Receivers" seminar (for real estate, banking, and restructuring lawyers at Freshfields Bruckhaus Deringer) (2009)
- "The power of sale: the rights and responsibilities of mortgagees in a recession" seminar (Chambers seminar programme) (2009)
- "Shutting the door on negligence liability: Lawrence v Pembrokeshire County Council and L v Reading Borough Council" [2009] 3 CFLQ 384
- "The duty of care in gross negligence manslaughter" (with Jonathan Herring) [2007] Criminal Law Review 24 (Described by the Court of Appeal in R v Evans [2009] EWCA Crim 650 as 'an illuminating analysis'.)
- "Section 13 Notices" seminar (Chambers seminar programme) (2007)
- "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)
Lecturing:
Lecturer in Law (Trusts, Tort, and Land Law) at Exeter College, Oxford University (2004 to 2009, during practice)
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
Professional Membership:
Chancery Bar Association
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