+44(0)20 7404 5055 | clerks@9stonebuildings.com

Elaine Palser

Call 2002

image award 1
image award 1

Overview

Technically superb, and a tenacious advocate”, “very good with clients”, “a team player”, “very analytical”, “with a good eye for detail”, and “a seasoned legal gladiator” (Legal 500), Elaine Palser has an extensive Chancery practice encompassing insolvency, contentious trusts and probate, commercial disputes, property, and related professional negligence.

Elaine is recommended as a Leading Junior for Private Client: Trusts and Probate and Insolvency in the Legal 500.  She is the recipient of numerous awards, including Contentious Trusts and Probate Lawyer of the Year (Women in Law awards 2016 and 2017), and Commercial Disputes Barrister of the Year (the Lawyer Monthly awards 2015).

Elaine is also a CEDR-accredited mediator, and sometime Lecturer in Law (Trusts, Tort, and Land Law) at Oxford.


Practice Areas

Insolvency +

Elaine Palser is recommended as a Leading Junior for Insolvency.  She has been described as “technically excellent”, “a tenacious advocate”, “very analytical”, “a team player”, “very good with clients”, and “a seasoned legal gladiator” (Legal 500).

Elaine was named Commercial Disputes Barrister of the Year (the Lawyer Monthly 2015 awards), and winner of Corporate LiveWire’s 2015 “Highly Regarded in Insolvency” award.

Elaine’s insolvency practice covers both corporate and personal insolvency, including related professional negligence and claims containing a trusts element.

Case examples include:

  • 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 the former administrators in a paragraph 75 misfeasance claim by the liquidator of a company claiming disposal of assets at an undervalue.
  • Acting for a company and its liquidator in a claim by a former tax advisor for alleged conspiracy, abuse of process, and malicious prosecution of civil proceedings.
  • Acting for the trustee in bankruptcy in applications for injunctive relief in respect of English and French properties purportedly held on trusts (containing a power of revocation), and for orders for possession and sale.
  • Acting for the creditor company in a statutory demand set aside application concerning multiple transfers of alleged trust monies in England and Italy.
  • Acting for the former trustee in bankruptcy in a section 304 claim concerning alleged negligence in the disposal of an asset held on trust.
  • Acting for a property owner in a claim by a trustee in bankruptcy in connection with property in England and Spain allegedly held on trust.
  • 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 section 183.
  • Acting for several sports clubs in insolvency matters, including Cardiff City Football Club in a widely publicised dispute against HMRC.

 

Private Client +

Elaine Palser is recommended as a Leading Junior for Private Client: Trusts and Probate. She has been described as “technically superb”, “very good with clients”, “a team player”, “very clear on the law”, and “a tenacious advocate”, equipped with “robust intellect, empathy and pragmatism” (Legal 500).

Elaine was named Contentious Trusts and Probate Lawyer of the Year (Women in Law awards 2016 and 2017).  She is also a former lecturer in Trusts at Oxford.

Elaine’s private client practice covers contentious probate and trusts, including Inheritance Act claims, challenges to the validity of wills, and insolvency claims with a trusts element.

Case examples include:

  • Acting (with Jonathan Crow QC and Isaac Jacob) for a Russian businessman in a US$2 billion claim concerning breach of trust and dishonest assistance.
  • Acting for the deceased’s daughter in a multi-million pound Inheritance Act claim by the deceased’s widow against his children.
  • 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 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 dispute concerning the interpretation and rectification of a trust contained in a life insurance policy.
  • Acting for a beneficiary in a claim to remove the executors of his mother’s estate on grounds of impropriety and delay.
  • Acting for the beneficiaries in a constructive trust and proprietary estoppel claim for a beneficial interest in the deceased’s former home.
  • Acting for the trustee in a multi-million pound claim by his father for an account in light of breaches of trust spanning several decades.
  • Acting for a high-profile businessman in a Quistclose trust dispute.
  • Acting for the trustee in bankruptcy in applications for injunctive relief in respect of English and French properties purportedly held on trusts (containing a power of revocation).

 

Commercial +

Technically superb, and a tenacious advocate” (Legal 500), Elaine Palser has a broad commercial disputes practice, including claims involving contentious trusts and insolvency. Elaine is recommended as a Leading Junior for Insolvency and Private Client: Trusts and Probate in the Legal 500. She was named Commercial Disputes Barrister of the Year (the Lawyer Monthly awards 2015) and Contentious Trusts and Probate Lawyer of the Year (Women in Law awards 2016 and 2017).

Case examples include:

  • 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 company and its liquidator in a claim by a former tax advisor for alleged conspiracy, abuse of process, and malicious prosecution of civil proceedings.
  • Acting for a high profile businessman in a Quistclose trust dispute.
  • 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 the creditor company in a statutory demand set aside application concerning multiple transfers of alleged trust monies in England and Italy.
  • 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.

 

Property +

Technically superb, and a tenacious advocate” (Legal 500), Elaine Palser’s property practice includes boundary disputes, LPA receiver matters, and claims to property on bases such as constructive trusts, proprietary estoppel, and undue influence.  Elaine is a former Lecturer in Law (Trusts, Tort, and Land Law) at Oxford, is recommended as a Leading Junior for Private Client: Trusts and Probate in the Legal 500, and is winner of Contentious Trusts and Probate Lawyer of the Year (Women in Law awards 2016 and 2017).

Case examples include:

  • Acting for LPA receivers against a mortgagor alleging a sale at an undervalue of commercial and residential premises.
  • Acting for the beneficiaries in a constructive trust and proprietary estoppel claim for a beneficial interest in the deceased’s former home.
  • Acting for a property owner in a claim that a commercial property vests in his brother by virtue of a resulting or constructive trust.
  • Acting for a residential property owner in a protracted boundary dispute.
  • 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.
  • Acting for a property owner in a claim that the beneficial interest in a residential property vests in her mother on the basis of non est factum, mistake, and undue influence.
  • Advising professional indemnity insurers on a potential multi-million pound claim arising from hundreds of defective appointments of LPA receivers.

 

Professional Negligence +

Technically superb, and a tenacious advocate” (Legal 500), Elaine Palser deals with professional negligence claims arising out of her principal practice areas, namely insolvency, property, probate and trusts.  Elaine is recommended as a Leading Junior for Private Client: Trusts and Probate and Insolvency in the Legal 500.  A former Tort lecturer at Oxford, she co-wrote a negligence article described by the Court of Appeal as “an illuminating analysis”.

Case examples include:

  • Acting for the former administrators in a paragraph 75 misfeasance claim by the liquidator of a company claiming disposal of assets at an undervalue.
  • Acting for LPA receivers against a mortgagor alleging a sale at an undervalue of commercial and residential premises.
  • Acting for a large professional body in a negligence dispute involving insolvency bonds.
  • Acting for the former trustee in bankruptcy in a section 304 claim concerning alleged negligence in the disposal of an asset held on trust.
  • Acting for the trustee in a multi-million pound claim by his father for an account in light of breaches of trust spanning several decades.
  • Acting for a beneficiary in a claim that a deed of variation was negligently drawn up, necessitating rectification.
  • Acting for a beneficiary in a dispute over whether payments of capital ought to have been made out of a settlement.
  • Advising professional indemnity insurers on a potential multi-million pound claim arising from hundreds of defective appointments of LPA receivers.

 

Mediation +

Elaine Palser is a CEDR-accredited mediator, and accepts instructions to act as a mediator in her practice areas.

Elaine also has considerable experience of acting as an advocate in mediations, and draws on her mediator training skills to facilitate the successful resolution of claims.


Additional Information

Memberships

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

 

Education

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

 

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).

  • * Required fields