Elizabeth Weaver has a broad commercial Chancery practice, focusing mainly on contentious work in the areas of business disputes, company law and insolvency, trusts and estates, wills and property. Elizabeth has both the technical knowledge to draw on for analysis of the problems arising in complex legal disputes (often involving several areas of law) and the experience to provide sound and commercial advice and the effective and efficient presentation of a client's case. Her expertise is recognised by the directories: she is recommended for commerical litigation, company law and private client work.


Examples of her recent work include Accidia v Simon C Dickinson (2010) EWHC3058 (concerning the duties owed by a dealer on the sale of a Old Master drawing), Re Allport (a substantial Inheritance Act claim), : Iesini v Westrip Holdings (2010) BCC 420 (a derivative claim for breach of fiduciary duty by the directors of a company established to exploit valuable mineral rights in Greenland), ; Re Singellos (challenge to validity of will and lifetime transfers to BVI companies); advising a trust protector in relation to disputes with the beneficiaries of various trusts established by a very wealthy Thai family.


Elizabeth has considerable experience of working on large scale commercial claims (both High Court litigation and LCIA and ICC arbitrations) and trust disputes, often with an international element and raising issues of foreign law and conflicts of law; for example Danone v Wahaha Group (2008) (a high profile joint venture dispute in the British Virgin Islands and Samoa concerning the operation of the largest drinks producer in China); advising Russian shareholder of a joint venture operating a chemical plant in relation to injunction proceedings in Cyprus to protect his interests.

Elizabeth also has a well recognised specialism in professional negligence claims involving her key areas of expertise.

Areas of experience

+ Civil Fraud, Asset Tracing & Recovery

Elizabeth has considerable experience in these areas, in particular:

  • claims for breach of fiduciary duty
  • accessory liability
  • freezing orders and other interim remedies
  • enforcement of judgments

Examples of her work in this area are:

Acting for a Russian shareholder in dispute with his joint venturer, obtaining interim injunction in Cyprus to protect his position.

Weavering Employee Trust: advising off-shore trustees about constructive trust and s423 Insolvency Act claims arising from the activities of an fraudulent hedge fund manager in Cayman 

  • Danone v Wahaha Group: acting  (with Stephen Moverley Smith QC) to obtain the discharge of a receiver appointed in the BVI iN joint venture dispute concerning the operation of the largest drinks produced in China
  • Obtaining a freezing order against a Serbian national in relation to misappropriation of funds under a building contract

Interoil Trading SA -v- Watford Petroleum Ltd: large scale Commercial Court/Chancery Division litigation (2002-2006) arising out of the breakdown of a joint venture relating to the acquisition and operation of an oil refinery in Ukraine, involving allegations of misuse of electronic banking facilities, misappropriation of shareholdings in subsidiary companies in Ukraine, liability to account for unauthorised trading and mispricing of sales

 

Elizabeth is the author of "Receivers: Pancea or Problem"  Trusts and Trustees  Vol 16 No 4 May 2010

 

+ Partnership and Joint Ventures

Elizabeth has considerable experience of disputes arising from joint venture agreements and partnerships

Her work has included:

Acting for a Russian shareholder in dispute with his joint venturer, obtaining interim injunction in Cyprus to protect his position.

  • Danone v Wahaha Group: acting (with Stephen Moverley Smith QC) to obtain the discharge of a receiver appointed in the BVI in joint venture dispute concerning the operation of the largest drinks produced in China
  • Interoil Trading SA -v- Watford Petroleum Ltd: large scale Commercial Court/Chancery Division litigation (2002-2006) arising out of the breakdown of a joint venture relating to the acquisition and operation of an oil refinery in Ukraine.
  • A multi-million dollar LCIA arbitration (2003-2005) in relation to a failed joint venture between two overseas pay television companies, involving issues of Dutch and Greek law including competition law

Advising in connection with the threatened expulsion of  a chartered accountant from a  LLP

 

+ Professional Negligence

Elizabeth is recommended by Legal 500 and Chambers & Prs as a barrister with a "strong practice in this area". She has considerable experience of acting for claimants and defendants on a wide variety of professional liability claims, including defending claims of breach of fiduciary duty, conspiracy to defraud, dishonesty. In addition to acting for claimants and defendants in claims involving solicitors, she has acted for and against barristers, accountants, surveyors, stockbrokers and other business professionals in mediation as well as at trial.

Elizabeth's recent work includes defending a claim against an international firm of accountants in relation to the handling of an HMRC investigation and claims against solicitors for negligent implementation of capital gains tax saving schemes.

Other examples of the range of her work are: 

  • Defending a claim against nationwide firm of solicitors in relation to the drafting of an option over development land
  • A claim in relation to alleged failure to obtain security for investment in start up company
  • Acting for the Medical Defence Union in claim against leading counsel
  • Hammond Suddards v Agrichem 2001 EWCA 1915: acting for a commodity trading company in claim against former solicitor for alleged negligence in failure to protect/preserve goods in Spain
  • Balfron Trustees v Petersen (No 2) [2001] All ER (D) 104: claims against solicitors and others for accessory liability/dishonesty, stay of proceedings
  • National Home Loans v Giffen Couch & Archer [1998] 1 WLR 207 CA: extent of a solicitor's retainer when acting for a mortgage lender
  • Bristol and West Building Society v Fancy & Jackson [1997] 4 All ER 582 Ch: 87 claims for professional negligence brought by a building society against firms of solicitors in Bristol for losses suffered in lending transactions where the mortgages proved defective or fraudulent
  • National Home Loans Corporation plc -v- Giffen Couch & Archer [1997] 1WLR 207 Court of Appeal : Scope of a solicitor's duty to a client mortgagee who was lending money on the security of a mortgage to a borrower.
+ Arbitration

Elizabeth has wide ranging experience of large scale commercial LCIA and ICC arbitrations, often with an international element and raising issues of foreign law and conflicts of law, including:

  • Advising on the scope and meaning of a provision for arbitration under the DIFC Arbitration Law
  • An ICC arbitration for a Thai client about copper shipments
  • A multi-million dollar LCIA arbitration in relation to a failed joint venture between two overseas pay television companies, involving issues of Dutch and Greek law as well as competition law. 
  • A dispute where she acted for a Swedish company in relation to allegations of misrepresentation in a prospectus and, in particular, whether there was a binding arbitration agreement (Capital Trust Investments Ltd v Radio Design [2002] 2 All ER 159)
+ Commercial Litigation

Elizabeth's experience covers a wide range of business disputes such as joint ventures, share and asset sale agreements, sale of goods, franchise agreements in diverse fields eg telecommunications, financial services, manufacturing and trade, and IT. She is recommended by Legal 500.

Examples of the range of her work are:

  •  Acting for empoyment agency in claim for remuneration/quantum meruit against US private equity firm
  • Accidia v Simon  C Dickinson (2010) EWHC 3058 a dispute over the sale of an Old Master Drawing 
  • A claim for an injunction and rectification in relation to a bank guarantee in a contract for the supply of silicon wafers 
  • A breach of fiduciary duty claim between two Italian companies concerning the manufacture of the components for Formula 1 cars
  • litigation about the confidentiality of a share valuation (heard in private)
  • A dispute about the ownership of a property investment company
  • Large scale Commercial Court/Chancery Division litigation (2002-2006) arising out of the breakdown of a joint venture relating to the acquisition and operation of an oil refinery in Ukraine, involving company law issues, allegations of misuse of electronic banking facilities, misappropriation of shareholdings in subsidiary companies, liability to account for unauthorised trading and calcuation of sums due under joint venture  (Interoil Trading SA -v- Watford Petroleum Ltd)
  • A multi-million dollar LCIA arbitration (2003-2005) in relation to a failed joint venture between two overseas pay television companies, involving issues of Dutch and Greek law including competition law 
  • a dispute over a franchise agreement for a major tool hire company
  • Gillingham & Ors -v- Gillingham [2001] EWCA Civ 906 Court of Appeal : successful attempt to admit new evidence in family company dispute even though the principles in Ladd v Marshall were not satisfied having regard to the overriding objective under the CPR.
+ Insolvency

Elizabeth Weaver has wide experience of business restructuring and insolvency matters, especially claims against directors, winding-up petitions and voluntary arrangements, including professional negligence claims in this area. Her recent work has included advising creditors on challenges to IVAs and bankruptcy in the context of spread-betting debts.

Important cases include:

  • Cohen v Davis [2006] PNLR 596: nature of claims against directors under sections 214, 238 and 239 of Insolvency Act 2006 in the context of a claim against an insolvency adviser 
  • Re Greenfield [1998] BPIR 699: standing of person with claim under Third Party (Rights against Insurers) Act in relation to an IVA

She is a contributor to Tolley's Insolvency Law.

+ Company

Recommended by Legal 500/2010 as a leading company junior, Elizabeth Weaver has wide experience in company cases, and in particular unfair prejudice petitions, shareholders' disputes and claims by and against directors. Cases she has been involved in include:

 

Providing expert advice on the law relating to share transfers for proceedings in Florida;  

  • Iesini v Westrip Holdings Ltd [2010] BCC 420: a derivative claim alleging conspiracy and breach of fiduciary duty by directors for breach of fiduciary duty by the directors of a company established to exploit valuable mineral rights in Greenland
  • GML v Carina Nominees: the validity of a share purchase option and the legality of declarations of dividends under Gibraltar law
  • Rock Nominees Ltd -v- RCO (Holdings) Ltd [2004] 1BCLC 439 Court of Appeal: successful defence of s459 petition brought by a minority shareholder following take over

Other reported cases are:

  • Re X Times Law Reports 6/6/2001: availability of interim injunction in s459 petition
  • Re Quickdome [1988] BCC 296: standing to bring s459 petition

Elizabeth is a co-author of Blackstone's Guide to the Companies Act 2006.

She is the author of  "Private Trust Companies: a future for derivative claims ?"  Trusts and Trustees Vol 17 No 3 2011

+ Real Estate Litigation

Elizabeth Weaver is well known for her expertise and experience in a wide range of property disputes including acting for banks and receivers in relation to mortgages and charges, commercial conveyancing disputes and commercial landlord and tenant disputes.

Recent work includes Regency Flats v Boatport Ltd (2010) (litigation relating to bulk purchase of flats in Docklands); advising an off-shore  educational foundation about adverse claims to its sports ground; proprietary estoppel claim to enlarge a flat in a residential block; problems relating to the transfer of a valuable central London property in breach of covenant by an insolvent transferor.

Important cases include:

  • Prestige Properties Ltd -v- Scottish Provident Institution & Anor [2003] Ch 1: claim for indemnity from HM Land Registry 
  • Aubergine Enterprises Ltd -v- Lakewood International Ltd [2002] 1WLR 2149 Court of Appeal: consent to assignment 
  • Royal Bank of Scotland v Etridge [2002] 2 AC 773: undue influence in relation to legal charges 
  • Coronation Street Properties Ltd -v- Ingall Industries [1989] 1 WLR 304 House of Lords: whether surety covenant in lease passed with transfer of reversion.
+ Trusts, Probate & Estates

Elizabeth is "a specialist in trust litigation with a practical and commercial understanding of a client's case" (Legal 500/2009).   Recommended in this area by Legal 500 for many years, she has considerable experience in trusts, probate and estates work, especially contentious work.

Recent representative examples are:

  • Re Singellos [2011] 2 WLR 1111: Probate and administration claims arising from disputes between the son and daughter of wealthy deceased Cypriot parents - challenges to the validity of English and Cypriot wills and lifetime transactions; application of the rule in Parker v Felgate
  • Re Allport (2011): acting for the court-appointed administrator in substantial Inheritance Act claim involving a Swiss trust and a company carrying on business in Libya
  • Acting for a well-known charity in a probate claim involving issues of testamentary capacity and personality disorder
  • Advising the guardian of minor beneficiaries of an off-shore settlement in connection with the compromise of major commercial litigation challenging payments into the trust
  • Advising on a dispute between beneficiaries, trustees and protectors of various trusts established by a wealthy Thai family
  • Advising Cayman National Bank and Trust Co (Isle of Man) Ltd as trustee of Isle of Man trust in relation to English proceedings brought against it and others alleging that the trust had been settled with the proceeds of fraudulent hedge fund trading
  • Advising Isle of Man trustee about distributions and winding up of family trusts against a background of hostility between the surviving settlor and the beneficiaries
  • Advising trustees on suitable terms of indemnity on retirement
  • Walanpatrias Stiftung v AMP: a large scale dispute involving a challenge to the validity of lifetime transfers made by a wealthy Monaco resident involving proceedings in the US, Monaco and England
  • Re Krol Deceased Hoff v Atherton [2005] WTLR 99 CA: establishing that the testatrix had testamentary capacity despite suffering from Alzheimer's Disease
  • Re Upperton Deceased (2005): acting for the defendant in a claim by the Attorney General to set aside a will and lifetime gifts worth £4million pounds
  • Acting in a dispute between PRs of a Canadian estate and the second will of the deceased over enforcement of a Canadian judgment relating to the validity of a gift of Panamanian bearer shares

Elizabeth is a contributor to "International Trust Disputes" shortly to be published by Oxford University Press.

She has written on trust and probate issues:

"Mental capacity in lifetime transactions"  ACTAPS journal No 143 2011

"Claims by PRs in a White v Jones context"  ACTAPS journal No 141 2011

"Private Trust Companies: a future for derivative claims ?" Trusts & Trustees  Vol 17 No 3 2011

"Trusts and Mistakes"  Journal of International Trust and Corporate Planning  Vol 15 No 1 2008

Full detail on selected areas will be included in the downloadable PDF.

Related events

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Recommendations

Chambers & Partners/2012 recommends Elizabeth for traditional Chancery and professional negligence. Solicitors are said to be "very confident in [her] to lead them through technically difficult and closely fought-over proceedings". They refer to the fact that "her wealth of knowledge and commercial acumen make her a favourite for contentious probates and trusts litigation involving breaches of trust and fiduciary duty".

She is also recommended in Legal 500/2011 for commercial litigation, company, private client and professional negligence. She is said to be "a great lawyer and very easy to deal with".

She is recommended in the  Citywealth Leaders List 2012 as a Prominent Trusts Barrister and said to be "a pleasure to work with, technically strong, but always pragmatic".

Publications

Contributor to:

  • Tolley's Insolvency Law
  • Blackstone's Guide to the Companies Act 2006 (OUP 2007)
  • International Trust Disputes (OUP 2012)

Academic history

LLB Bristol

Hardwicke Scholar Lincoln's Inn

Professional memberships

Chancery Bar Association
Commercial Bar Association (COMBAR)
ACTAPS
STEP
Professional Negligence Bar Association

Institute of Art and Law
Bar of The Eastern Caribbean Supreme Court
Member of the Professional Conduct and Complaints Committee of the Bar Council (2005-2010)

Business details

VAT number: 404633871
Registered name: Elizabeth Anne Weaver

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