News & Events

Elaine Palser

Elaine Palser published in latest edition of Trusts & Trustees

Elaine Palser has written an article titled Proprietary Estoppel and the Position of the Stranger in Trusts & Trustees Vol. 29, No. 3, 2023, pp. 1–11 (OUP).   The article examines the position of a stranger in two principal scenarios, and the implications for strangers of the possible outcomes to these scenarios. First, if A makes a promise to B that C will receive A’s property if B advances monies to A, can the promise be enforced to benefit C who is a stranger to the promise? Secondly, if A makes a promise to B that B will receive A’s 50% share in a property if B advances monies to A, but A then enters into a declaration of trust with…

Private Client & Trusts, Legal Blog & Publications 2 Feb, 2023

Elaine Palser acts for successful claimant in proprietary estoppel challenge

Elaine Palser, instructed by Moore Barlow LLP, acted for the successful Claimant in Morley v Morley.  The Claimant was awarded a 50% beneficial interest in the substantial home of her late father and step-mother on the basis of proprietary estoppel, not only on her own behalf but also on behalf of her brother.   Facts The Claimant advanced her father (the Deceased) monies some 15 years ago to assist him in buying a substantial property with his then new partner, the Defendant.  The Deceased told the Claimant that if she advanced him these monies, she and her brother would inherit his 50% share in the property when he died.  The Deceased said that he would make a will to that effect,…

News 11 Oct, 2022

Elaine Palser acts successfully for stylist and influencer, Caroline Stanbury, in the High Court

Elaine Palser, led by Andrew Trollope QC and instructed by RPC, acted successfully for personal stylist and influencer, Caroline Stanbury, in the High Court in Mark Reynolds (as liquidator of CSB123 Ltd) v Caroline Stanbury [2021] EWHC 2506 (Ch). The application against Ms Stanbury was described as “regrettable” and all allegations against her were dismissed in full. The application was brought against Ms Stanbury as a director of CSB 123 Ltd (“SC1”) under s.212 of the Insolvency Act 1986 (the “misfeasance” provision). It was wrongly alleged by Mr Reynolds that she transferred the business and assets of SC1 for no consideration in breach of her duties under ss171 to 175 of the Companies Act 2006 and that the alleged transfer…

Insolvency & Restructuring, News 28 Sep, 2021

Elaine Palser acts for successful Inheritance Act claimants in the High Court

Elaine Palser, instructed by Tees Solicitors, acted for the successful claimants in R Deceased [2021] EWHC 936 (Ch). The claim was brought by two minor children for reasonable financial provision from their father’s estate under the Inheritance (Provision for Family and Dependants) Act 1975. The children were 14 and 15 when their father died, and they had been estranged from him for several years before his death.  Their father had also failed to pay any maintenance for them during the estrangement, with the children instead relying entirely on their mother and stepfather. In his will, the father left his entire estate to his new partner and his parents, and nothing to his children.  The partner and parents denied that there…

News, Private Client 19 May, 2021

Elaine Palser wins Women in Law Award

Elaine Palser has received a Lawyer Monthly Women in Law Award 2020 in recognition of her outstanding legal expertise and contribution in Commercial and Chancery Law. The Women in Law Awards celebrate and highlight the achievements of inspirational women in the legal profession around the world. Commenting on the Award, Elaine said: “I am delighted to have received an award which recognises the achievements of women in the legal profession.  I am also fortunate to be a member of a chambers which is strongly committed to supporting women throughout their careers.” The 2020 Lawyer Monthly Women in Law Awards Winners Edition is available to read here. Find out more Elaine Palser has an extensive chancery and commercial practice with an…

News 4 Aug, 2020

Remote Mediation: The New Normal and the Future

Elaine Palser explores the advantages (which are considerable) and the disadvantages (which are surmountable) of remote mediation and considers what the future holds for settling cases. Remote mediation works Before I took part in my first remote mediation I was sceptical.  I was convinced that it would be inferior to in-person mediation.  To my surprise, it worked extremely well.  In fact, I came away wondering if remote mediation was better than in-person mediation.  Many others have also had remarkably positive experiences of remote mediation. Mediation is a very successful means of settling cases.  According to the CEDR mediation audit 2018, 89% of cases settle through mediation; 74% at the mediation itself and 15% shortly thereafter.  The fact that remote mediation…

Covid-19, Legal Blog & Publications, Mediation 1 Jun, 2020

Outer Temple welcomes “seasoned legal gladiator” Elaine Palser

Outer Temple welcomes Elaine Palser who joins us as a new member of Chambers this week. Elaine has an extensive commercial and chancery practice, with a strong emphasis on contentious probate, trusts, insolvency, and related professional negligence. Ranked in several independent legal directories, Elaine is described as: “an excellent advocate”, “technically superb”, “very good with clients”, “a team player”, and “a seasoned legal gladiator” (Legal 500). Elaine is recommended as a Leading Junior for Insolvency and Private Client: Trusts and Probate. She has won several awards, including: Contentious Trusts and Probate Lawyer of the Year 2016 and 2017 (Women in Law awards) and Commercial Disputes Barrister of the Year 2015 (the Lawyer Monthly awards). With degrees in both law and…

News 3 Jun, 2019

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