Elizabeth specialises in family finance and property cases. Her work in the Family Courts includes:
- Applications under the Trusts of Land and Appointment of Trustees Act 1996 (“ToLATA”) including claims based on constructive trust and proprietary estoppel
- Applications under Schedule 1 of the Children Act 1989
- Matrimonial finances, including cases involving intervenors and trust issues
- Applications under the Inheritance (Provision for Family and Dependants) Act 1975
Elizabeth’s practice encompasses: advising in conference; advising in writing; drafting pleadings for Court; appearing in Court at all levels and throughout the country; representing clients in non-court settings (Alternative Dispute Resolution) including mediation (civil and family); private FDR/private Chancery FDR; arbitration.
Elizabeth has appeared in a number of significant cases, including Aspden v Elvy (dispute between a couple who had been separated for several years and where the male partner had transferred the property into the female partner’s sole name) and Curran v Collins (application for permission to appeal to the Supreme Court on behalf of an unmarried female claimant where she had been found to have no beneficial interest in property at first instance).
Elizabeth has written a number of leading articles and practitioner text books. She is a door tenant of 1GC Family Law, Chambers of Janet Bazley QC and Charles Geekie QC and can also be instructed through 1 GC Family Law.
Elizabeth is an accredited Civil and Commercial Mediator (ADR Group). She accepts instructions to act as a Mediator in cases involving property disputes; cohabitation disputes; claims based on implied trusts and proprietary estoppel and disputes under the Inheritance (Provision for Family and Dependants) Act 1975. Elizabeth also provides representation at arbitration; mediation and private FDRs including Chancery FDRs.
Elizabeth is an Accredited Civil and Commercial Mediator (ADR Group) and accepts instructions as a mediator in her areas of specialism, including cohabitation, property and Inheritance Act disputes. She also represents clients in all forms of ADR including mediation, arbitration, early neutral evaluation (“ENE”) and private FDRs/private chancery FDRs.
Elizabeth is an accredited Civil Mediator (ADR Group). She accepts instructions to act as a Mediator in cases involving property disputes; cohabitation disputes; claims based on implied trusts and proprietary estoppel and disputes under the Inheritance (Provision for Family and Dependants) Act 1975. Elizabeth also provides representation at arbitration; mediation and private FDRs including Chancery FDRs.
Elizabeth specialises in property disputes between family members, for example, between former cohabitees; parents and adult children and other family members. Her work in the Business and Property Courts includes:
- Applications under the Trusts of Land and Appointment of Trustees Act 1996 (“ToLATA”) including claims based on constructive trust and proprietary estoppel
- Applications to set aside transfers of property on vitiating grounds such as undue influence and mistake
- Equitable accounting
- Applications under the Inheritance (Provision for Family and Dependants) Act 1975
Elizabeth’s practice encompasses: advising in conference; advising in writing; drafting pleadings for Court; appearing in Court at all levels and throughout the country; representing clients in non-court settings (Alternative Dispute Resolution) including mediation; private Chancery FDR; arbitration. Elizabeth also provides opinions on an Early Neutral Evaluation basis.
Elizabeth has appeared in a number of significant cases, including Aspden v Elvy (dispute between a couple who had been separated for several years and where the male partner had transferred the property into the female partner’s sole name) and Curran v Collins (application for permission to appeal to the Supreme Court on behalf of an unmarried female claimant where she had been found to have no beneficial interest in property at first instance).
Elizabeth has written a number of leading articles and practitioner text books. She is a member of the Leeds Business and Property Court Users Committee and is author of an article in the Leeds and Yorkshire Lawyer regarding the launch of the Business and Property Courts.
Legal 500 2021
Divorce and Financial Remedy: Tier 1 - ‘[her] legal expertise in relation to TOLATA cases is second to none in our region. [She] is quickly able to get to the crux of the issues involved and build a rapport with the client. She works tirelessly to assist the client to achieve a settlement and avoid lengthy and expensive court proceedings and provides pragmatic advice.’
Chancery: Tier 2 - ‘An extremely knowledgeable, capable and assured advocate. She is always calm in a crisis and able to think on her feet. She is personable and can relate well to clients. Her advice is clear and concise. I rate her very highly.’
Property: Tier 1 - ‘An extremely knowledgeable, capable and assured advocate.’
Chambers and Partners 2021
Family: Matrmonial Finance Band 2: "She is absolutely excellent at cohabitation disputes. She wrote the book and knows all there is to know." "Her knowledge about cohabitation is excellent, but the real strengh is the ability to apply that and come to a pragmatic and sensible outcome."
Legal 500 2020
Family Tier 1 "... a leader in her field."
Property Tier 1 “Clear, down-to-earth and knowledgable.”
Chambers and Partners 2020
"A gem at cohabitation disputes, she is very competent in her advice and very client-focused." "Elizabeth is simply brilliant in TOLATA cases. Her knowledge is second to none." "Her knowledge and intellect are outstanding."
Chambers & Partners 2019
"Easy to work with, clever and insightful. She is thorough, engaging and good at presenting information to clients and in court." "An extremely capable advocate who has an excellent bedside manner with clients."
Legal 500 2019
"An authority in TOLATA cases."
Chambers & Partners 2018
Highly regarded for her expertise in property and chancery law, she is frequently the top choice for solicitors handling TOLATA and cohabitation disputes arising from separations. She also handles inheritance claims.
Strengths: "Elizabeth is approachable and very good with professionals and clients. She is technically very competent." "A genuine authority in TOLATA cases who provides clear, well-prepared advice and representation."
Recent work: Acted in a matrimonial property dispute that hinged on whether the claimant acquired a beneficial interest in two properties.
Legal 500 2018
"Intelligent and sympathetic, yet steely when required."
Chambers & Partners 2017
“[Elizabeth] has an excellent knowledge in the complex area of trusts of land work, has a good client manner, and is calm, thorough and well prepared.”
Legal 500 2017
“Extremely good with clients, putting them at ease.”
Chambers & Partners 2016
"She has a gentle manner with clients, but is a tough advocate with great depth of knowledge."
Legal 500 2016
"Commands trust and confidence in lay and professional clients."
Legal 500 2015
“Extremely adept at getting to the crux of issues.”
Legal 500 2014
“First choice for cohabitation disputes.”
Legal 500 2012
“Meticulous”
Legal 500 2011
“… an expert in trusts of land and cohabitation”
Legal 500 2009
"Known for her expertise in trusts of land and financial provision”
Ladwa v Chapman (2018) - application by Claimant for an order for sale and 50% of the proceeds. Property had been transferred into the joint names of the Defendant and Claimant after purchase. Counterclaim to set aside the transfer on the grounds of undue influence. Received press coverage in The Times and other newspapers.
Curran v Collins (2015) - application for permission to appeal to the Supreme Court. Elizabeth was instructed to apply for permission to appeal the decision of Curran v Collins [2015] EWCA ch 404 to the Supreme Court. This case concerned the test to be applied by the Courts in cases in which a property is owned in one partner's sole name.
Begum v Issa and ors [2014] EW Misc B51 - case concerning an un-registered Islamic marriage and therefore governed by property law principles. The case included allegations of fraud; priorities of mortgages and whether an order for sale should be deferred.
Aspden v Elvy [2012] EWHC 1387 (Ch) - dispute between an unmarried couple as to the beneficial ownership of a farm. The High Court found that Elizabeth's client, the defendant, had a 75% beneficial interest in the property. A costs order was made in the Defendant's favour as she had consistently offered to settle on a 50/50 basis and had therefore beaten her offer.
Kay v Mills [2005] EWCA Civ 1537 - property dispute between father and daughter. Father sought possession of a property purchased on trust by himself and his daughter for father's sole benefit. Daughter defended the claim on the basis of proprietary estoppel. Successful appeal to the Court of Appeal against the decision to strike out the defence.
Law Quarterly Review, October 2019: The search for common intention: the status of an executed express declaration of trust post-Stack and Jones (with Chris Bevan, Associate Professor of Property Law, University of Nottingham)
Family Law, March/April 2019: Challenging a TR1 epress declaration of trust: setting the record straight (with Chris Bevan, Associate Professor of Property Law, University of Nottingham)
Cohabitation and Trusts of Land, 3rd edition (2016) Sweet and Maxwell.
In his Foreword, Ryder LJ says "I commend this work to both specialist practitioners and court users. I encourage its citation in court and I join with its authors in hoping that its extensive use in providing consistent and reliable advice will help further the just settlement of claims without recourse to contested hearings."
Elizabeth also co-authored the 1st and 2nd editions of Cohabitation and Trusts of Land.
General Editor of Cohabitation: Law and Precedents (looseleaf) Sweet and Maxwell.
Elizabeth is regularly invited to speak at conferences both at a national and local level and to speak in-house at solicitors’ firms.
Recent examples include:
Simon Gore Cohabitation Law Conference - Webinar 20 May 2020
White Paper Matrimonial Finance Conference, Manchester. Chair: Ros Bever March 2020
Resolution seminars: Berkshire and Buckinghamshire and London: November 2019
North Eastern Circuit FLBA and North and West Yorkshire Resolution October 2018
Bristol Family Court, chaired by HHJ Stephen Wildblood QC, February 2017
Studied Law at Cambridge University (Selwyn College) BA 1997 and MA 2000. She is an elected Scholar of Selwyn College.
Elizabeth is a member of the Family Law Bar Association, Resolution and the Chancery Bar Association.
10—12—2019