Elaine Palser
Overview
Elaine Palser has a broad chancery practice, with a particular focus on
- insolvency
- property
- commercial
- private client
Elaine undertakes a wide range of drafting and advisory work. She is an experienced
advocate, appearing regularly in the High Court, county courts, and tribunals, as well as
in mediations.
She has represented several high profile companies, banks, and private individuals.
Elaine is recommended for Insolvency in the Legal 500 (2011 edition) where she is described as "technically excellent" and "no shrinking violet when it comes to advocacy".
Recent Cases
Insolvency
- Successfully representing several football clubs in insolvency matters, including
Cardiff City Football Club in its heavily publicised dispute against HMRC in 2010.
- Acting successfully in applications for administration orders.
- Acting successfully in applications for validation orders.
- Advising on applications to restrain advertisement of petitions.
- Acting successfully in applications to set aside statutory demands.
Property
- Settling proceedings on behalf of a leading property developer for a declaration
that a landlord unreasonably withheld 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.
- Successfully representing a major trade company in proceedings for the forfeiture
of commercial premises.
- Advising a purchaser on the potential defective transfer of several hundred
commercial properties.
- Advising a major international bank on an ongoing basis on property matters.
- Representing a residential property owner in an ongoing boundary dispute.
- Successfully 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).
Commercial
- Acting for a high profile individual and company in a multi-jurisdictional dispute worth over US$100 million concerning mining, joint ventures, loans, and securities.
- Settling proceedings and representing a commercial agent in a successful
mediation of a multi-million pound damages claim.
- Acting for a partner in an ongoing dispute over the settlement of partnership accounts.
- Settling proceedings for rectification of the register of members and directors in a
fraud case.
- Settling proceedings and acting successfully 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.
Private Client
- Advising on and settling proceedings in claims for family provision under the
Inheritance (Provision for Family and Dependants) Act 1975.
- Acting successfully in claims to substitute personal representatives.
- Advising on and settling proceedings in claims to challenge the validity of wills.
- Advising on and settling proceedings in constructive trust claims.
- Acting successfully in deputyship applications in the Court of Protection.
Qualifications
Elaine obtained a Business Science degree (with First Class Honours and Distinctions in
Law and Economics) from the University of Cape Town. She went on to receive an MA
in Law from Cambridge University (Trinity Hall) where she was the recipient of a large
number of scholarships and awards. She also has an MA from Oxford University.
Lecturing
- Elaine lectures on a wide range of subjects for her solicitors. For example, she was
invited by Freshfields Bruckhaus Deringer LLP to give a lecture entitled "Law of
Property Act Receivers" to real estate, banking and restructuring lawyers.
- Elaine was a Lecturer in Law (teaching Trusts, Tort, and Land Law to
undergraduates) at Exeter College, Oxford University, from 2004 to 2009.
Publications
Elaine has written on a wide range of subjects, including
- "Appointing administrators out of court: validity problems and retrospective administration orders" [2011] Insolvency Intelligence 24(8) 113
- "The duty of care in gross negligence manslaughter" (with Jonathan Herring)
[2007] CLR 24 (which was described by the Court of Appeal in R v Evans [2009]
EWCA Crim 650 as 'an illuminating analysis')
- "Shutting the door on negligence liability: Lawrence v Pembrokeshire County
Council and L v Reading Borough Council" [2009] 3 CFLQ 384
- "Rectification for unilateral mistakes: how heavy is the burden of proof?" [2006]
LMCLQ 139
- "Equity" chapter in "Discovering the Law", edited by Sean Butler, Law Matters
[2006]
- "Owusu v Jackson - the End for Forum Non Conveniens?" [2006] 15(1) Nott LJ 32
- "Bankruptcy Petitions: the difficulties of bringing bankruptcy proceedings based
on unassessed solicitors' fees" [2006] SJ 150(5) 152
- "Turning Back the Clock: the setting aside of trustees' decisions in the light of
Sieff v Fox" [2005] NLJ 1592
Professional Membership
Chancery Bar Association
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| Practice Areas |
- Insolvency
- Real Property
- Landlord and Tenant
- Company
- Private Client
- Wills and Probate
- Family Provision
- Trusts
- Court of Protection
- Professional Negligence
- Mediation
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Call: 2002
Qualifications: MA (Oxford)
MA (Cambridge)
BBusSc (Hons) (Cape Town)
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