Elizabeth practices in Chancery and commercial litigation with an emphasis on real property and contractual disputes.
Areas of Expertise
Elizabeth is a member of the Chancery Bar Association and undertakes a wide range of contentious and non-contentious work including:
- Commercial disputes
- Real Property
- Co-ownership disputes, including applications under the Trusts of Land and Appointment of Trustees Act 1996 based on constructive and/or resulting trust and proprietary estoppel
- Inheritance Act claims
- Some ancillary relief work, particularly in cases involving interveners and complex issues concerning ownership of property
Reported Cases
- Al Hawaz v. Thomas Cook Group [2000] All ER (D) 1568:
Travellers cheque fraud; admissibility of similar fact evidence. - R (on the application of Ross) v. Leeds City Council [2005] EWHC 2495 (Admin):
Judicial Review of the decision by the Defendant Council to refuse to provide funding for a school bus to transport Jewish children to schools in Manchester. - Kay v. Mills [2005] EWCA Civ 1537:
Property dispute between father and daughter. Father sought possession of property purchased on trust by father and daughter upon trust for father’s sole benefit. Defence based on proprietary estoppel. Successful application to the Court of Appeal against decision to strike out the defence.
Notable Cases
- Radford v. Gwilliam (2009): Birmingham County Court, Chancery Business.
Dispute between parents and their daughter and son-in-law as to ownership of property. The parents had invested the proceeds of sale of their home in constructing an annex to a property owned by their daughter and son-in-law. The parties then fell out. The parents brought a claim based on constructive trust and/or proprietary estoppel on the basis that they had a beneficial interest in the property or alternatively were entitled to compensation for the amount they had spent. The Court found for the parents and awarded them a lump sum in compensation. - Dowson v. Riley (2009): Leeds County Court, Chancery Business.
Representing male partner in a dispute concerning the former matrimonial home, a farm. Property purchased by the couple as joint tenants. Entirety of purchase monies, however, provided by the female partner’s father. Matter settled by consent. - Shaw v. McCormack (2007 -2008): High Court.
Representing female partner in successful application for a freezing order against the male partner in respect of the proceeds of sale of the parties’ former home. Male partner subsequently “disappearing”. Successful TLATA proceedings in respect of the proceeds of sale. - Bland v. Clapham (2006):
Representing elderly couple seeking a declaration of a beneficial interest in a property owned by their daughter and son-in-law. Daughter and son-in-law divorced and son-in-law denied that the parents had any interest in the property. The parents had sold their previous home. The proceeds of sale were invested in the property and the father, a retired builder, had constructed an extension at the property and other improvements. Settled by consent.
Publications
- General Editor of Cohabitation Law and Precedents (Sweet and Maxwell)
- Cohabitation and Trusts of Land (Sweet and Maxwell) (2nd ed) 2010
- Cohabitation and Trusts of Land (Sweet and Maxwell) (1st ed) 2007
- Financial Provision in Family Matters (Wildblood and Eaton) (Contributor)
Seminars
- May 2010 Chancery and Commercial law seminar at the Hilton, Sheffield with Robert Sterling and Lucy Wilson-Barnes.
- May 2010 Property law seminar to Barnsley Law Society.
- Provides in-house Seminars to firms. Past in-house Seminars include Irwin Mitchell and DWF.
