News & Events
News & Events
Elaine Palser, instructed by Harold Benjamin, acted for the successful claimants in Connoisseur Developments Ltd and others v Koumis [2023] EWHC 855 (Ch). The claim was for breach of a joint venture agreement. Facts The claimants (a property development company and its directors) brought a claim against the executor of the estate of one of their fellow joint venturers for breach of a joint venture agreement to build flats. The executor counterclaimed for the return of the freehold property upon which the flats had been built. The dispute dated back many years and was complicated by the death of two of the joint venturers. A professional administrator had to be appointed to complete the joint venture pending resolution of various…
Commercial, News 4 May, 2023
Elaine Palser acted successfully for the executors of the will of Mary Mendy in their claim to revoke letters of administration on the ground that Ms Mendy’s purported marriage was void because it was a polygamous marriage. In English law, a valid marriage revokes any will executed prior to marriage. Master Pester found that the defendant (Ms Mendy’s purported husband) was already married at the time Ms Mendy and the defendant purported to marry in Gambia. He also found that Ms Mendy was domiciled in England at the time of the alleged marriage and so English law did not permit her to enter into a polygamous marriage, even if the marriage was valid in Gambian law. The claimants said that…
News, Private Client 6 Mar, 2023
Elaine Palser will be giving the Association of Contentious Trust and Probate Specialists (ACTAPS) lunchtime lecture on Monday 6th March 2023 at Blake Morgan in London. ACTAPS (Association of Contentious Trust and Probate Specialists) is a forum for specialists in the field of contentious trust and probate law. The forum aims to exchange experience, know-how and an appreciation of the law and statutes in this specialist area. ACTAPS holds seminars, conferences and meetings for members including a series of lunchtime lectures. Elaine Palser has been invited to talk at the next lunchtime lecture, taking place on Monday 6th March in the offices of Blake Morgan, London. Her talk is entitled “Twists and Turns in Proprietary Estoppel” and will consider the…
Events, News, Private Client 28 Feb, 2023
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, 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 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
