Elizabeth is instructed in Family matters that involve:
- Applications under the Trusts of Land and Appointment of Trustees Act 1996
- Inheritance Act claims
- Ancillary relief, particularly cases involving interveners and complex issues concerning ownership of property.
Areas of Expertise
Elizabeth took over as General Editor of Cohabitation Law and Precedents (Sweet and Maxwell) in September 2010. This looseleaf provides a comprehensive guide to all issues arising on the separation of cohabitants, including financial provision for children, occupation of the home, and inheritance and succession. It is written by a team of expert practitioners, including barristers, solicitors and members of the judiciary.
In addition, Elizabeth is co-author of Cohabitation and Trusts of Land (2010) (Sweet and Maxwell), now in its second edition and contributes to Wildblood and Eaton Financial Provision in Family Matters (Sweet and Maxwell) (looseleaf).
Elizabeth is regularly instructed in applications under the Trusts of Land and Appointment of Trustees Act 1996 and claims under Schedule 1 of the Children Act 1989.
Elizabeth is also regularly instructed in claims under the Inheritance (Provision for Family and Dependants) Act 1975.
Reported Cases
- Kay v. Mills [2005] EWCA Civ 1537
Property dispute between father and daughter. Father sought possession of property purchased 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 list. Representing the parents in a dispute with 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 on the basis of proprietary estoppel and awarded them a lump sum in compensation. - Dowson v. Riley (2009): Leeds County Court, Chancery Business List:.
Representing male partner in a dispute concerning the former matrimonial home. The property was purchased by the couple as joint tenants. The entirety of purchase monies, however, were provided by the female partner’s father. Matter settled by consent. - Shaw v. McCormack (2007-2008) High Court:
Representing female partner in a 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. The daughter and son-in-law divorced and the 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. Matter 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
- November 2010 Applications under the Trusts of Land and Appointment of Trustees Act 1996 Practice and Procedure, Leopold Hotel, Sheffield
- March 2010 “Wine and Wisdom” seminar on Cohabitation at the Leeds Radisson.
- May 2010 Property law seminar to the Barnsley Law Society.
- July 2009 In-house seminar to Andrew Jackson, Solicitors, Kingston-upon-Hull.
- Provides in-house Seminars to solicitors firms. Past in-house Seminars include Irwin Mitchell and DWF.
Provides talks for the FLBA and Resolution.
- "Meticulous" Legal 500, 2011
- "Zenith Chambers family group was strengthened by the arrival of Elizabeth Darlington, an expert in trusts of land and cohabitation .” Legal 500, 2010
- Elizabeth Darlington “is known for her expertise in trusts of land and financial provision”. Legal 500, 2009
