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Elspeth Talbot Rice KC has strength and depth right across the spectrum of commercial chancery matters. “An exceptional barrister with a stellar reputation” her expertise and experience straddles complex international trust, succession and probate disputes, and business-based litigation and arbitration including fraud, company, partnership, insolvency and contractual disputes.

Elspeth has an extremely loyal client base, she wins the confidence of her clients with her clear, practical and straight forward analysis of issues and their solutions; “Her formidable determination ensures she resolutely champions the client’s position.” She is highly sought after for her incisive legal analysis, the depth of her experience, her ability to present complicated law and facts in a simple and clear way, the energy and zest she brings to the cases with which she deals, her strong court presence and her superb advocacy. Clients praise her as “‘A top barrister, who is extremely analytical, and both straightforward and strategic in her advocacy”, as having “a great court presence, which comes from self-confidence, experience, and thorough preparation” and comment “She’s just outstanding in terms of advocacy and client handling.”

Many of her cases have overseas and international elements. She has been called to the Bar of the Eastern Caribbean and has appeared in the British Virgin Islands on a number of occasions. She has also been licensed to appear, and has appeared a number of times, as an advocate in the Courts of the Isle of Man, Gibraltar, Bermuda and the Cayman Islands. Additionally, she has advised on many matters relating to the jurisdictions of Guernsey, Jersey, the USA, the Bahamas, other islands of the Caribbean, Singapore and Hong Kong.

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She is recommended in the major legal directories including Legal 500 and Chambers & Partners, was shortlisted as Chancery Silk of the year 2024 at the Legal 500 Bar Awards and won Private Client: Trust and Probate Silk of the Year at The Legal 500 2020 Awards.

Elspeth is particularly well regarded for international trust and succession disputes, Chambers & Partners High Net Worth reporting a solicitor as recording that It’s a race to get Elspeth when we have any contentious issue”. “She is a phenomenal lawyer, I’ve never met anyone harder working. She is extremely efficient with amazingly good judgement, knows when to take a point, tests every angle before going into court so she knows exactly where she stands. She is just so trusted, and she’d never walk past a stone without turning it over.”

Notable cases include:

  • Volpi:  Bahamian proceedings arising out of the arbitration of a claim by the son of an Italian settlor of a Bahamian trust, challenging the distribution by the trustee of the Bahamian trust of the entirety of the trust assets, claimed to be very substantial, to his father, the settlor of the trust.
  • Wong v Grand View [2019] SC (Bda) 37 Com, [2020] 6 Civ, [2022] UKPC 47: a successful challenge in Bermuda to the use of powers of addition and exclusion on the basis that they were used for a purpose for which the powers were not conferred.
  • Wong v Grand View [2022] SC (Bda) 44 Com: multi-billion dollar litigation in Bermuda challenging the validity of, and transfers into, 5 purpose trusts on the grounds of uncertainty of purposes, the mixing of charitable and non- charitable purposes, mistake and non-compliance with the writing requirement in s.9 of the Statute of Frauds 1677.
  • In the matter of the X Trusts (Bermuda) [2021] SC (Bda) 72 Civ: acting for the trustees in a large-scale proposed restructuring of a number of Bermuda and Jersey trusts, in relation to which there is disagreement between the beneficiaries.

Expertise

Elspeth has considerable arbitration experience in a variety of subject areas, especially trust and partnership disputes.

  • Volpi – appeals and challenges to the Bahamian Court arising out of an UNCITRAL arbitration of a claim by the son of an Italian settlor of a Bahamian trust, challenging the distribution by the trustee of the Bahamian trust of the entirety of the trust assets, claimed to be very substantial, to his father, the settlor of the trust.
  • Martin v Harris [2019] EWHC 1962 (Ch)appeal against an arbitral award relating to whether the partners of a partnership were liable to indemnify a former partner in relation to a Capital Gains Tax charge on a compensation sum payable to that former partner.
  • KMG International NV v Chen [2018] EWHC 1078 (Comm): a jurisdiction dispute and a worldwide freezing injunction in support of Dutch law claim against a former director of a Dutch company for allegedly assisting in making the company judgment proof from an arbitral award.
  • Giving expert evidence in an arbitration relating to the impact of sanctions on the performance of a contract.
  • Arbitration relating to payments due to a partner on his leaving the partnership.
  • Giving expert evidence in a US arbitration relating to a hedge fund LLP and the powers of its
  • Arbitration in which a franchisee made a successful claim against the franchisor for damages for wrongful repudiation of a franchise agreement.
  • Arbitration arising out a contract for the supply of oil.

Elspeth Talbot Rice KC has been involved in many fraud and tracing actions, particularly with international elements. She is recommended in Legal 500 and Chambers & Partners in this area, with clients commenting “for complex fraud matters [she] is hard to beat“, “Her no-nonsense approach and fearless and combative style is admired by both the court and opponents” and “She is just extremely clever and quick on her feet. She is a no-nonsense barrister who is a good advocate and goes straight to the point. She has the respect of everyone.”

Notable cases include:

  • Yuntian 10 Leasing Company Designated Activity Company v HRH Prince Khalid Bin Sultan Bin Abdul-Aziz Saud [2023]: enforcement proceedings in relation to a $40m judgment against a Saudi UHNW (Ultra High Net Worth) targeting The Holme, a very substantial London property which was held by a Guernsey company in a Guernsey trust structure.
  • First National Trustco (UK) Limited & Anor v Page & Ors [2019] EWHC 1187 (Ch): a two-week trial involving claims on a trustee indemnity and allegations of asset misappropriation; [2020] EWCA Civ 107: an appeal on the construction of the indemnity clause.
  • Toomey Motors v Chevrolet UK Ltd [2019] EWHC 276 (Comm): a 1 ½ week commercial court trial of a claim by a franchisee car distributor for breach of contract resulting from Chevrolet scaling back its operations and serving notice to terminate the franchise agreement.
  • Hamilton-Smith v CMS Cameron McKenna LLP [2016] EWHC 1115 (Ch): an application for an anti-suit injunction to restrain professional negligence proceedings in Antigua.
  • Plant v Pickle: a claim in the BVI against a co-guarantor who contended he was not liable to contribute to the guarantee liability on the basis that his co-guarantor had procured the purchase of the properties which also secured the debt at an undervalue.
  • Angel v McBrides: a claim against auditors for assisting or failing to prevent the unlawful extraction of property from a group of companies by the sole director.
  • PGI v Liongate: application in Cayman for a freezing injunction against a Cayman company against which no cause of action was alleged, in support of proceedings in England arising out of the sale of a hedge fund business.
  • Newmarket v Confiance: a conspiracy claim arising out of a successful property development joint venture and the extraction of shares in Guernsey companies from one of the joint

Elspeth Talbot Rice KC has significant experience in international commercial litigation, including inter and intra corporate disputes, security arrangements, breach of warranty, financial services, civil fraud, asset recovery and restitution cases and hedge fund litigation.

Chambers & Partners and Legal 500 consistently recommended her for Commercial Dispute Resolution, with market commentators having endorsed her for the breadth of her practice, noting “there is little she doesn’t have experience of” and describing her as “a fantastic all-rounder“. Noting that ‘Elspeth is just the silk you want if you’ve a difficult cross-border dispute” she is “sensible and strategic in her approach”. Chambers & Partners rank her in band 1 for Chancery: Commercial, clients state “she has incredibly good commercial judgement. She knows exactly which points to take and which to avoid.” 

Legal 500 also recommends Elspeth in Commercial Litigation and Civil Fraud, having described her as “always one step ahead of the game, all over the detail, as well as the bigger picture. She is formidable in court but very approachable outside it”, “who, for complex offshore fraud matters is hard to beat” and “A formidable and powerful advocate, with real gravitas in court. Her no-nonsense approach and fearless and combative style is admired by both the court and opponents”.

Her experience includes:

  • A cross-border matter involving claims in Hong Kong, BVI and Samoa concerning the misappropriation of selling / transferring trust assets.
  • Coward v Ambrosiadou [2019] EWHC 2105 (Comm): a jurisdiction dispute in relation to claims for breach of contract, breach of fiduciary duty and associated relief.
  • Bhatia v Tradesup and others: A claim to company shares following the devolution of the estate of a prominent international hotelier in London. The business interests were represented by English and Jersey limited companies.
  • First National Trustco (UK) Limited & Anor v Page & Ors [2019] EWHC 1187 (Ch): a two-week trial involving claims on a trustee indemnity and allegations of asset misappropriation. [2020] EWCA Civ 107: an appeal on the construction of the indemnity clause.
  • Toomey Motors v Chevrolet UK Ltd [2019] EWHC 1 276 (Comm) : a 1 ½ week commercial court trial of a claim by a franchisee car distributor for breach of contract resulting from Chevrolet scaling back its operations and serving notice to terminate the franchise agreement.
  • Kazakhstan Kagazy v Zhunus:[2019] EWHC 80 (Comm) issues arising out of disclosure requirements pursuant to a freezing injunction.
  • KMG International NV v Chen [2018] EWHC 1078 (Comm): a jurisdiction dispute and a worldwide freezing injunction in support of Dutch law claim against a former director of a Dutch company for allegedly assisting in making the company judgment proof from an arbitral award.
  • Gorbunova v Berezovsky [2016] W.T.L.R. 1591: acting for trustees in the bankruptcy of Russian oligarch Boris Berezovsky’s insolvent estate against which proprietary and other claims were made by his former partner which the trustees in bankruptcy successfully struck out.
  • Butler v Butler  [2016] 4 W.L.R. 133: an important decision on 188 Law of Property Act 1925 arising out of a dispute between siblings over what to do with a culturally important collection of Chinese porcelain
  • Hamilton-Smith v CMS Cameron McKenna LLP [2016] EWHC 1115 (Ch): an application for an anti-suit injunction to restrain professional negligence proceedings in Antigua.
  • Ford v Williams: freezing injunction in support of a claim to the traceable substitute of shares alleged to be held on express oral trust for the claimant.

Elspeth Talbot Rice KC has dealt with various cases arising out of the financial services sector including litigation concerning hedge funds and structured investment vehicles.

Her experience includes:

  • PGI v Liongate: an application in Cayman for a freezing injunction in support of proceedings in England arising out of the sale of a hedge fund business.
  • A US Arbitration: giving expert evidence in an arbitration relating to a hedge fund LLP and the power of its members.
  • Coward v Phaestos & IKOS [2013] EWHC 1292 (Ch): a claim relating to a Cayman based hedge fund run by algorithm-based software.
  • InterRetire Ltd v HSBC Securities Services (Isle of Man) Ltd: a claim arising out of the trusteeship, management and administration of a high value large international retirement benefit scheme.
  • Advising directors of a Manx hedge fund in relation to a Manx Financial Services Commission investigation for breaches of regulations.
  • Deroo & Ors v Taitnys Management Ltd & Ors: claims, including against financial intermediaries, arising out of the use of a Jersey trust as an investment.
  • Trident Trust Company (UK) Limited v AACU: included claims against IFAs for breach of duty and pursuant to the FSA.
  • FSA v Gladwish: a claim by the FSA that a business involving the purchase and sale of plots of land was a collective investment scheme.
  • Louis Group: public policy petitions against a number of companies connected to a Manx fund set up to invest in property, in which the directors’ conduct of the companies was impugned by the financial services regulator.

“A go-to silk for all heavyweight litigation” Elspeth Talbot Rice KC has extensive experience of company and partnership disputes, clients comment “she cuts through the weight of evidence to get to the core issues with apparent ease.” Her expertise extends to shareholders disputes, disputes involving unlawfully paid dividends and breaches of directors’ duties and auditors’ and accountants’ negligence claims. She has advised on many partnership agreements and disputes including in relation to the construction of an automatic accruer clause, the ambit and enforceability of restrictive covenants, partners’ duties of good faith to each other and the proper winding up of partnerships’ affairs.

Notable company experience includes:

  • Acting and advising Jersey directors in relation to a dispute concerning alleged breaches of directors’ duties (leading Hugh Miall and Ben Waistell).
  • Bhatia v Tradesup and others: A claim to company shares following the devolution of the estate of a prominent international hotelier in London. The business interests were represented by English and Jersey limited companies.
  • Stanford International Bank v Hamilton Smith: a claim against former liquidators for breach of duty and claims over by those liquidators against legal advisors.
  • Mindray Medical Ltd, Homeinns Ltd and Bona Films Ltd: claims in the Grand Court of the Cayman Islands in which dissenting shareholders applied for a fair price to be paid for their shares on an
  • Bloom v Bailes: a shareholder dispute.
  • Metro Baltic Horizons Ltd v James: a claim in the Isle of Man by an AIM listed company set up to invest in Balkan property against directors and investment managers for breach of fiduciary duty, breach of contract, misrepresentation, conspiracy.
  • Acted for administrators of a car dealership company in claims against directors for breach of fiduciary duties.
  • Acted for directors of a Manx fund whom the financial services regulator alleged had acted in breach of the financial services regulations.
  • E&E Transport Ltd: unfair prejudice petition by one director/shareholder against the other director/shareholder with complaints being made that the latter had mismanaged the
  • Centum Investments v Bannon & Ors: a claim on behalf of a shareholder that a transfer of the company’s business made by administrators of a pre-pack administration to the other shareholders was in breach of a shareholders agreement.
  • Glen Marks Corporation Ltd v Black Raven: a claim on behalf of a shareholders to set aside a substantial share allotment on the basis that it had been made for an improper purpose to defeat a majority vote.

Notable partnership experience includes:

  • Acting for a number of partners in a veterinary partnerships in relation to charges made to the practice by another partner.
  • Martin v Harris [2019] EWHC 1962 (Ch): appeal against an arbitral award relating to whether the partners of a partnership were liable to indemnify a former partner in relation to a Capital Gains Tax charge on a compensation sum payable to that former partner.
  • Coward v Phaestos [2013] EWHC 1292 (Ch); [2014] EWCA Civ 1256: a dispute over the ownership of hedge fund algorithm based software following the dissolution of a partnership.
  • advice on the question of whether a share of partnership profits could be forfeit.
  • McKenna v Staples: the dissolution of a partnership between Paul McKenna and his former girlfriend, Clare Staples.
  • Newmarket v Confiance: a multi-million pound property joint venture dispute in the Chancery Division as to whether a business relationship between two people through various offshore entities amounted to a partnership (leading Daniel Warents).
  • A dispute over whether corporate business expenses of one partner were partnership.
  • Drake v Harvey  [2012] 1 All E.R. (Comm) 617,  [2012] 1 B.C.L.C. 724, [2011] W.T.L.R. 1557, [2012] Bus. L.R. D44  : the construction of a clause in a partnership deed which provided for a dying partner’s share automatically to accrue to the surviving partners subject to them paying for such share by reference to the last annual accounts, the question being whether those last annual accounts should reflect a fair value of the partnership’s assets or only their book value.

Insolvency work has always formed an important part of Elspeth’s practice and she is sought after for matters which involve insolvency as part of her adjacent specialisms in chancery, commercial, company and trust matters. She is well known in this area and is specialised in disputes arising out of insolvent and solvent liquidations, receiverships, administrations and bankruptcies. Chambers & Partners recommended her in this area noting that “She doesn’t take bad points and judges listen to what she says“. Legal 500 recommends her, with peers describing her as “a formidable and powerful advocate with real gravitas in court”.

  • GTC v Zedra: a claim in the Royal Court of Jersey arising out of the insolvency of the Jersey Ironzar trusts.
  • Gorbunova v Berezovsky [2016] W.T.L.R. 1591: acting for trustees in the bankruptcy of Russian oligarch Boris Berezovsky’s insolvent estate against which proprietary and other claims were made by his former partner which the trustees in bankruptcy successfully struck out.
  • Stanford International Bank v Hamilton Smith: claims in England and Antigua against former liquidators for breach of duty and claims over by those liquidators against legal advisors in which an anti-suit injunction application was made in England.
  • Angel v McBrides: a claim against auditors for assisting or failing to prevent the unlawful extraction of property from a group of companies by the sole director.
  • Bloom v Bailes: a claim to half the shares in a company which had purchased a dentistry business in order to save it from insolvency.
  • Advised the administrators of a car dealership on claims against the directors of the company to recover excess remuneration and wrongful payments of personal expenditure, and for recoveries in relation to sales at an undervalue and various breaches of fiduciary duties including the manipulation of the company’s accounts by journal entries.
  • Bloom & ors v Harms Offshore AHT “Taurus” GmbH & Co KG & another [2010] Ch 187, CA: Court of Appeal judgment on the courts’ power to grant anti-suit injunctions in support of insolvency proceedings.
  • Centum Investments v Bannon & Ors: a claim that a transfer made by administrators of a pre-pack administration was in breach of a shareholders agreement.
  • SV Special Solutions Ltd v Headstart Class F Holdings Ltd: an application in the BVI to set aside a substantial statutory demand served by a redeeming shareholder in a multi-million-dollar hedge fund.

Many of Elspeth’s cases have overseas and international elements. She has been called to the Bar of the Eastern Caribbean, and has appeared in the British Virgin Islands on a number of occasions. She has also been licensed to appear, and has appeared a number of times, as an advocate in the Courts of the Isle of Man, Gibraltar, Bermuda and the Cayman Islands. Additionally, she has advised on many cases being fought in Guernsey, Jersey, the USA, the Bahamas, other islands of the Caribbean, Singapore and Hong Kong.

She is ranked as a star individual for Offshore in Chambers & Partners UK and Global and Band 1 in Legal 500 Caribbean. Clients comment “Elspeth has got to be one of the stars in offshore, a go-to individual. She is an absolute delight to work with, a real team player and an exceptional advocate.” She is “a top barrister”, “extremely analytical, straightforward, strategic in her advocacy and a pleasure to work with”.

Bermuda

  • Wong v Grand View: [2019] SC (Bda) 37 Com, [2020] 6 Civ, [2022] UKPC 47: a successful challenge in Bermuda to the use of powers of addition and exclusion on the basis that they were used for a purpose for which the powers were not conferred.
  • Wong v Grand View [2022] SC (Bda) 44 Com: multi-billion dollar litigation in Bermuda challenging the validity of, and transfers into, 5 purpose trusts on the grounds of uncertainty of purposes, the mixing of charitable and non- charitable purposes, mistake and non-compliance with the writing requirement in s.9 of the Statute of Frauds 1677.
  • In the matter of the X Trusts (Bermuda) [2021] SC (Bda) 72 Civ (17 February 2023): acting for the trustees in a large scale proposed restructuring of a number of Bermuda and Jersey trusts, in relation to which there is disagreement between the beneficiaries.
  • Confidential application by the Trustee of a very large trust for approval of a decision not to distribute.
  • Advising the protector of a very large trust in relation to an application by the trustees to vary the terms of the Trust.
  • Meritus Trust Co Ltd v Butterfield Trust (Bermuda Ltd) [2018] WTLR 545, 21 ITELR 177: a claim challenging a former trustee’s right to retain trust assets as security and to require contractual indemnities from new trustee.

 

Bahamas

  • Volpi:  Bahamian proceedings arising out of the arbitration of a claim by the son of an Italian settlor of a Bahamian trust, challenging the distribution by the trustee of the Bahamian trust of the entirety of the trust assets, claimed to be very substantial, to his father, the settlor of the trust.
  • Acting for the trustees in confidential proceedings relating to the future administration of a multi-billion dollar trust following the death of the patriarch and settlor.

 

Cayman Islands

  • In the matter of G Trust FSD 0270 of 2023, decision 24 December 2024 – Acting for beneficiaries of a STAR Trust on an application for costs of Anti-Suit Injunctions restraining receivership applications brought in Hong Kong.
  • Re X and Y Trusts (unreported, 29 November 2022): Advising trustees in the Cayman Islands (leading Andrew Holden) on an application for directions involving complex issues of third-party rights and the Guardian Trust principle.
  • PGI v Liongate: application for a free standing freezing injunction in aid of English proceedings where no cause of action was alleged against the respondent.
  • Mindray Ltd, Homeinns Ltd and Bona Films Ltd: dissenting shareholders’ claims for a fair price to be paid for their shares on an IPO.
  • Advising in relation to the administration of a Cayman estate.
  • Advising trustees of a Cayman trust in relation to potential distributions and restructuring of the trust.

 

British Virgin Islands

  • Acting for members of a high-status family in a dispute over the BVI estate of the deceased patriarch.
  • O V Q: a claim for trustee directions in the BVI which raised the question of whether a mother according to the US surrogacy arrangements pursuant to which the children were born was the mother of those children for the purposes of representing their interests under a BVI trust
  • Confidential dispute in the BVI in connection with a BVI trust settled by a high-net-worth international businessman which raised the question as to whether the BVI firewall legislation was effective to repel a foreign matrimonial claim to assets settled in the trust.
  • Plant v Pickle: a claim for a contribution by one guarantor against his co-guarantor.
  • SV Special Solutions Ltd v Headstart Class F Holdings Ltd: application to set aside a substantial statutory demand served by a redeeming shareholder in a multi-million dollar hedge fund.
  • Tsentas v Tsentas: dispute between family members in connection with their worldwide business activities.

 

Gibraltar

  • Confidential matter Chief Justice Dudley – complaints against the trustees of Gibraltarian trusts and a restructuring of those trusts between two branches of the family.
  •   Leeds Wood and Hellard (as joint trustees of the insolvent estate of Boris Berezovsky) v Mainstay Trust Ltd [2019] Gib LR 232: proceedings relating to the repayment of an alleged loan and the rights of trustees to indemnities.
  •  Line Trust Corp Ltd v W and five others [2017] Gib LR 310: claims relating to the validity of deeds of exclusion of beneficiaries of a trust and the jurisdiction of the Gibraltar court, in the light of English divorce proceedings raising the same issue.
  •  Advising trustees in relation to the administration and potential partition of a Gibraltar trust where beneficiaries had fallen out.

 

Channel Islands

  • Confidential matter (Guernsey and BVI): A case in which there is a dispute as to whether children born as a result of surrogacy arrangements in South Africa to a same sex couple are beneficiaries of Guernsey and BVI trusts which define beneficiaries as “legitimate issue”.
  • Acting for the corporate trustee on a confidential matter involving allegations of improperly retained fees in Guernsey (leading James Bradford).
  • Advised in relation to the Jersey Z Trusts ([2015] (2) JLR 108).

 

Isle of Man

  • Acting in a family dispute before the Isle of Man Courts concerning a complex trust and corporate structure (leading Tom Stewart Coats).
  • Confidential matter: Advising Manx personal representatives of an estate in relation to the collection of assets of the estate and the administration of the estate.
  • Kelliher and Horrobin v Clarkson: potential objects of a discretionary power of appointment seeking relief in relation to the trusts including trust information and documentation, the removal of the trustee, a declaration of the trustee’s breach of trust and a direction requiring the trustee to exercise its power of appointment by appointing the petitioners as additional beneficiaries of the trusts.
  • Fairall v Stubbins: a claim for an account in the estate of a deceased against an attorney who acted for the deceased before her death.
  • Directors’ disqualification proceedings involving claims that the company’s assets had been misappropriated.
  • Myp Des v Artola [2001-2003] MLR N 24: a claim by a Spanish company against a Manx unincorporated association for unpaid management fees in relation to a timeshare in Tenerife.

Elspeth has experience in liability claims against professionals, particularly accountants and lawyers.

Cases include:

  • Hamilton-Smith v CMS Cameron McKenna LLP [2016] EWHC 1115 (Ch): an application for an anti-suit injunction to restrain professional negligence proceedings in Antigua.
  • Angel v McBrides: auditors’ negligence action arising out of the payment of a
  • Aviss v Pridie Brewster: accountants’ negligence action relating to an alleged failure to advise on a substantial element of non-recurring income in a target company’s turnover.
  • Moore v McEvoy: a claim against a barrister for an alleged negligent failure to advise in connection with an arbitration arising out of the dissolution of a partnership of surveyors.
  • Rich & Allan v Numerica: accountants’ negligence action relating to an alleged negligent valuation of shares in a private company.
  • CF Parkinson -v- Dawes & Co: Professional negligence claim against auditors for failure to identify fraud.
  • Advising in respect of potential claim against Guernsey advocates arising out of their conduct of trust litigation.

Elspeth Talbot Rice KC is “the leading individual in the field, she is a highly respected figure of great authority who has huge gravitas.”. She is frequently sought after for the most complex, high profile and high-value matters, “It’s a race to get Elspeth when we have any contentious issue,” comments a client.

Chambers & Partners High Net Worth ranks her as a star individual, with an interviewee reporting “It’s a race to get Elspeth when we have any contentious issue,” reports a solicitor. “She is a phenomenal lawyer, I’ve never met anyone harder working. She is extremely efficient with amazingly good judgement, knows when to take a point, tests every angle before going into court so she knows exactly where she stands. She is just so trusted, and she’d never walk past a stone without turning it over”.

She is ranked as a star individual in Chancery: Traditional and Offshore for Chambers and Partners and is in band 1 for Trusts. Clients praise he as “a powerful, forceful and persuasive silk who is at the top of her game. It is fair to say that her name is a seal of the highest quality in the trusts world”, and comment “She has an encyclopaedic knowledge of onshore and offshore trust law, and is a strong strategic thinker who really fights for the client”.

Notable experience in this field includes:

 

  • Grand View v Wong: [2019] SC (Bda) 37 Com, [2020] 6 Civ, [2022] UKPC 47: a successful challenge in Bermuda to the use of powers of addition and exclusion on the basis that they were used for a purpose for which the powers were not conferred.
  • Wong v Grand View [2022] SC (Bda) 44 Com: multi-billion dollar litigation in Bermuda challenging the validity of, and transfers into, 5 purpose trusts on the grounds of uncertainty of purposes, the mixing of charitable and non- charitable purposes, mistake and non-compliance with the writing requirement in s.9 of the Statute of Frauds 1677.
  • In the matter of the X Trusts (Bermuda) [2021] SC (Bda) 72 Civ (17 February 2023): acting for the trustees in a large scale proposed restructuring of a number of Bermuda and Jersey trusts, in relation to which there is disagreement between the beneficiaries.
  • VolpiBahamian proceedings arising out of the arbitration of a claim by the son of an Italian settlor of a Bahamian trust, challenging the distribution by the trustee of the Bahamian trust of the entirety of the trust assets, claimed to be very substantial, to his father, the settlor of the trust.
  • Morina v Scherbakova (Re the Estate of Vladimir Alekseyevich Scherbakov) [2022] EWHC 609 (Ch) – a claim to beneficial ownership of shares in a BVI company and a probate dispute in relation to the estate of a Russian oligarch found dead in a hotel room in Belgium.
  • Re X and Y Trusts : Advising trustees in the Cayman Islands (leading Andrew Holden) on an application for directions involving complex issues of third-party rights and the Guardian Trust principle.
  • Schumacher v Clarke [2020] EWHC 3381 (Ch): an application to remove the executors of the estate of the late renowned architect Dame Zaha Hadid.
  • PTNZ v AS [2020] EWHC 3114: issues arising out of the restructuring of four family trusts, the validity of the appointment of a protector and the role of the protector when asked for consent.
  • Baker v Confiance [2019] 1 WLR 5737 (Morgan J) and [2021] 1 WLR 231, [2020] Costs LR 1215, (Court of Appeal) a case concerning the liability of a child’s litigation friend for costs of the litigation.
  • Griffin v Higgs [2018] 4 WLR 139 an application to remove executors and the costs consequences of the application.
  • Meritus Trust Co Ltd v Butterfield Trust (Bermuda Ltd) [2018] WTLR 545, 21 ITELR 177: a claim challenging a former trustee’s right to retain trust assets as security and to require contractual indemnities from new trustee.
  • Henchley v Thompson [2017] EWHC 225 Ch) – a claim for an account from an executor.
  • Confidential (Guernsey and BVI): a case in which there is a dispute as to whether children born as a result of surrogacy arrangements in South Africa to a same sex couple are beneficiaries of Guernsey and BVI trusts which define beneficiaries as “legitimate issue”.
  • Acting for the corporate trustee on a confidential matter involving allegations of improperly retained fees in Guernsey (leading James Bradford).
  • Acting for the trustees in confidential proceedings relating to the future administration of a multi-billion dollar trust following the death of the patriarch and settlor.
  • Acting for members of a high-status family in a dispute over the BVI estate of the deceased patriarch (leading James Bradford).

    Company & Partnership

    Chambers & Partners

    ‘Elspeth Talbot Rice KC is a very competitive silk who has incredibly good commercial judgement. She knows exactly which points to take and which to avoid.’ (2025)

    ‘She just ticks all the boxes, proving fantastic strategically and good on her feet. Very reassuring, very convincing and utterly fearless.’ ‘She’s a punchy advocate.’ (2024)

    ‘Elspeth is a very effective advocate.’ ‘Anyone who comes up against her has a real fight on their hands.’ (2023)

    ‘She’s a fiery, passionate advocate who is super bright: the complete package.’ ‘She is that rare combination of  a fine advocate who is good with both clients and instructing solicitors. Elspeth is insightful when it comes to the legal issues and always comes up with commercial answers. She is every instructing solicitor’s dream.’ (2022)

    ‘Very effective in negotiations and has a powerful presence.’ ‘She comes straight to the point and sticks to it. Her sense of confidence comes across forcefully in court.’ (2021)

    Legal 500

    ‘Elspeth has a great court presence, which comes from self-confidence, experience, and thorough preparation.’ ‘A fearsome advocate, but excellent with clients.  A go-to silk for all heavyweight litigation. Elspeth cuts through the weight of evidence to get to the core issues with apparent ease.’  ‘Elspeth Talbot Rice KC is truly excellent. She can carry a court with ease and is equally very good with clients. She is outstanding in terms of her advocacy and client handling.’  (2025)

    ‘Elspeth is very powerful on paper and on her feet. She effortlessly wins the trust of clients and tribunals.’ ‘A superb advocate who is eloquent, concise, robust, client-friendly and commands the courtroom.’ (2024)

    ‘Elspeth is a superb all rounder. Very strong advocate, excellent with clients and cuts through complexity to get to the core and then consider a commercial and practical approach.’ (2023)

    ‘Few stand comparison with Elspeth in the partnership field. She scares opponents and is loved by clients.’ (2022)

    ‘Quite simply a superb lawyer and a great person to have on your team.’ (2021)

    Chancery: Commercial

    Elspeth was nominated as ‘Chancery Silk of the Year’ at the Legal 500 Bar Awards 2024.

    Chambers & Partners

    ‘She is the leading individual in her field for Chancery and trusts. Highly respected, she puts the fear of God into people and just has huge authority in the court.’ ‘Elspeth is exceptional. She is an extremely experienced barrister, who delivers news, good or bad, beautifully.’  ‘She is an exceptional barrister with a stellar reputation.’  (2025)

    ‘An incredibly impressive character, who is formidable in terms of her oral advocacy and someone who instils fear in her opponents. She is a no nonsense silk with great gravitas, who is one of the biggest names in the trust world.’ ‘Clear and unequivocal in her advice, she slots in with any team she’s on very well’ ‘She gives it everything and presents incredibly well in court.’ (2024 – Global)

    ‘She provides clear and concise advice and is brilliant with difficult clients.’ ‘Elspeth is exceptional. She commands the room, whether that be the courtroom or the conference room.’ ‘She has the ability to get the best out of everyone around her and has the most incredible work ethic.’ (2023)

    ‘Of the highest quality, she is bright, hard-working and a good advocate.’ ‘Elspeth has a wonderful manner, is committed to her clients and is a really good adviser and advocate.’ (2022 – UK and Global)

    ‘She has an extraordinary commitment to her cases and inspires people who work with her.’ ‘She is formidable – razor-sharp in her analysis, really good on strategy and an excellent advocate. She is one of the best out there.’ (2021 – UK and Global)

    Commercial litigation

    Legal 500

    ‘Elspeth Talbot Rice KC –XXIV Old Buildings ‘Truly outstanding, one of the best barristers ever.’ (2025)

    Fraud: Civil

    Chambers & Partners

    ‘Elspeth is sensible and strategic. Her written advice is very clear.’ ‘She can carry a court with ease and equally is very good with clients. She’s just outstanding in terms of advocacy and client handling.’ ‘She is just extremely clever and quick on her feet. She is a no-nonsense barrister who is a good advocate and goes straight to the point. She has the respect of everyone.’  (2025)

    ‘Elspeth is very clear, a strong leader and gives direct advice.’ ‘She is a very good advocate, very clever and has great judgement.’ (2024)

    ‘Elspeth is direct, down to earth and commercial.’ ‘Elspeth is unflappable and a very safe pair of hands.’ (2023)

    ‘She is forthright in trials and very straightforward. Her advocacy is excellent and she’s very, very impressive on her feet.’ (2022)

    ‘She is very well regarded, has a good courtroom manner and good litigation instincts.’ ‘A ruthlessly good performer who is able to deal with difficult situations and make the absolute best of it.’ (2021)

    Legal 500

    ‘Her formidable determination ensures she resolutely champions the client’s position. She has an uncanny ability to see round corners and anticipate what the other side will do in the course of a case.’ (2025)

    ‘Her trial prep is meticulous. Her advocacy is some of the best I have seen: very well prepared, succinct and forceful.’ (2023)

    ‘Her no-nonsense approach and fearless and combative style is admired by both the court and opponents.’ (2022)

    ‘A great, robust advocate and definitely one to have on your side.’ (2021)

    Chancery: Traditional

    Elspeth was nominated as ‘Chancery Silk of the Year’ at the Legal 500 Bar Awards 2024.

    Chambers & Partners

    ‘Elspeth is a real pleasure to deal with. Clients love her and she gives robust advice.’ ‘Elspeth is terrifyingly clever and a phenomenally hard worker. She’s all over the detail in any case and is very client-friendly.’ ‘A top barrister, who is extremely analytical, and both straightforward and strategic in her advocacy. She’s just a pleasure to work with.’ (2025)

    ‘The Chancery KC you want in your corner on hard fought and technically difficult matters.’ ‘Elspeth Talbot Rice is top of my list. She has a great combination of good judgment and practicality.’ ‘One of the best and so good to work with, she’s a real team player.’ (2024)

    ‘I have run out of superlatives for her – she is a brilliant person to have on your team. Her energy is unbelievable and her focus is steadfast. She also has a great rapport with the judge.’ (2023)

    ‘She is absolutely at the top of the game, due to the strength of her advocacy and decisiveness and her commerciality,‘ reports a commentator, who adds: ‘Myself and the market would agree that she is a star individual.’ A litigator remarks: ‘I have run out of superlatives for her, she is a brilliant person to have on your team. Her energy is unbelievable and her focus is steadfast, she also has a great rapport with the judge.’ (2022 – High Net Worth)

    ‘Very responsive and very proactive, she has a knack of describing complex legal arguments in terms understandable to lay clients without appearing patronising.’ ‘Thoroughly excellent in all things, she really does know her stuff and is very impressive.’ (2022)

    ‘It’s a race to get Elspeth when we have any contentious issue,’ reports a solicitor. ‘She is a phenomenal lawyer, I’ve never met anyone harder working. She is extremely efficient with amazingly good judgement, knows when to take a point, tests every angle before going into court so she knows exactly where she stands. She is just so trusted, and she’d never walk past a stone without turning it over’. (2021 – High Net Worth)

    ‘Outstanding.’ ‘She is the doyenne of the trusts Bar.’ ‘Not a single word is wasted.’ ‘She writes the most extraordinary papers and is a terrific cross-examiner. She knows exactly what she’s doing, and is also a lot of fun. A real star, and brilliant at handling clients.‘ (2021)

    ‘She is the doyenne of the trusts Bar.’ ‘Not a single word is wasted,’ remarks an interviewee, adding: ‘She writes the most extraordinary papers and is a terrific cross-examiner. She knows exactly what she’s doing, and is also a lot of fun. A real star, and brilliant at handling clients.’ (2020 – High Net Worth)

    Offshore

    Chambers & Partners

    ‘Elspeth has got to be one of the stars in offshore, a go-to individual. She is an absolute delight to work with, a real team player and an exceptional advocate.’ ‘Elspeth is a powerful and persuasive silk who is at the top of her game. Fair to say her name is a seal of the highest quality in the trusts world.’  ‘Elspeth is the leading individual in her field for chancery and trusts. She really holds her own and when she speaks you really sit up and listen.’ ‘A top barrister. She is extremely analytical, straightforward, strategic in her advocacy and a pleasure to work with.’ (2025)

    ‘Elspeth is absolutely excellent. She’s very user-friendly and very direct, which is often incredibly helpful. She’s an exceptional resource and someone you want on your side.’ ‘Elspeth is one of the best advocates around. She presents incredibly well to courts – she gives it everything.’ ‘A real presence offshore, and a force to be reckoned with.’ (2024)

    ‘Elspeth is absolutely excellent. She’s very user-friendly and very direct, which is often incredibly helpful. She’s an exceptional resource and someone you want on your side.’ ‘Elspeth is one of the best advocates around. She presents incredibly well to courts – she gives it everything.’ ‘A real presence offshore, and a force to be reckoned with.’ (Chambers Global 2024)

    ‘Her knowledge is second to none. She commands the courtroom and goes the extra mile for her clients every time.’ ‘As a team leader she has an amazing ability to get the best of everyone around her and has the most incredible work ethic. She leads by example.’ ‘She is incredibly sharp in her approach and really thinks about things commercially.’ (2023)

    ‘Elspeth is great to work with, very responsive and very proactive. She has a knack of describing complex legal arguments in terms understandable to lay clients without appearing patronising.’ ‘She has a calm advocacy style which gives judges comfort.’ ‘She’s first-rate and particularly good in Bermuda cases. She’s a very effective advocate.‘ (2022 – UK and Global)

    ‘Commercial and good on her feet.’ ‘Very strategic, no-nonsense and instils a lot of confidence.’ ‘Very good at understanding the clients needs.‘ (2021 – UK and Global)

    Legal 500

    Recommended as a leading silk (2025, 2024)

    Very direct and to the point. Clear.’ (2023)

    ‘She provides thoughtful. practical, informed advice and at the same time is personable and sensitive to the need and opinions of the individuals involved in each matter.’ (2022)

    ‘In a world of waffle, she gives clear advice.’ (2021)

    Commercial Dispute Resolution

    Chambers & Partners

    ‘Elspeth is a very competitive silk, who really has incredibly good commercial judgement. She knows exactly which points to take and which to avoid.’  ‘She is always wonderfully supportive of the team and client, and is also rigorous in her preparation.’ ‘Elspeth is just the silk you want if you’ve a difficult cross-border dispute. She is sensible and strategic in her approach.’ (2025)

    ‘Elspeth is an incredibly impressive character. She has gravitas and a sense of judgement.’ ‘Elspeth Talbot Rice gives clear and unequivocal advice and is a very good advocate.’ (2024)

    ‘Elspeth is an incredibly impressive character. She has gravitas and a sense of judgement.’ ‘Elspeth Talbot Rice gives clear and unequivocal advice and is a very good advocate.’ (2024 – Global)

    ‘Elspeth is an incredibly concise, practical and clear barrister.’ (2023)

    ‘A formidable advocate who is very direct in her views – she calls a spade a spade and clients love her for it.’ (2022 – UK and Global)

    ‘She is incredibly successful, has razor-sharp analysis and is really good at strategy.’ ‘You can’t throw a situation at Elspeth that she hasn’t seen before, and she is always able to predict how strategies will play out.’ (2021 – UK and Global)

    Legal 500

    Ranked as a Leading Silk (2024)

    ‘Elspeth is a superb all-rounder. A very strong advocate, excellent with clients and cuts through complexity to get to the core and then consider a commercial and practical approach.’ (2023)

    ‘A formidable and powerful advocate, with real gravitas in court. Her no-nonsense approach and fearless and combative style is admired by both the court and opponents.’ (2022)

    ‘Superb QC to work with – extremely responsive and empathetic whilst setting a clear path forwards’ (2021)

    Trusts

    Chambers & Partners

    ‘Elspeth is a powerful, forceful and persuasive silk who is at the top of her game. It is fair to say that her name is a seal of the highest quality in the trusts world.’  ‘The leading individual in the field, she is a highly respected figure of great authority who has huge gravitas. When she speaks, you really sit up and listen.’ ‘Extremely analytical, straightforward and strategic in her advocacy, she’s a pleasure to work with.’ ‘A fierce opponent, who approaches everything she does with great pragmatism.’ (2025)

    ‘Elspeth is a great all-round advocate who works well in large teams. She’s a force to be reckoned with and very direct and forthcoming in her views.’ (2024 – Global)

    ‘She is an incredibly concise, practical and clear barrister.’ (2023)

    ‘She has an encyclopaedic knowledge of onshore and offshore trust law, and is a strong strategic thinker who really fights for the client.’ (2022 – UK and Global)

    ‘Elspeth Talbot Rice QC has an unquestionable knowledge of the law and the strength of character to inspire confidence in even the most demanding clients.’ ‘She is a formidable advocate with a very bright mind, who never gives up – you really feel that she is fighting for you in court.’ (2021 – UK and Global)

    Legal 500

    ‘Elspeth is a very decisive strategist and best advocates on her feet. She is a go-to barrister.’ (2024)

    Ranked as a Leading Silk (2023)

    ‘Elspeth is highly regarded as at the pinnacle of the Chancery Bar: tough while gracious, with clients, opponents and judges; very good-humoured; always to the point, a model of conciseness – not a word wasted.’ (2022)

    ‘Is technically exceptional, a great strategic thinker and has excellent client communication skills. One of the leading silks in her field.’ (2021)

    Charities

    Legal 500

    Ranked as a Leading Silk (2024, 2023)

    ‘Elspeth is a very strong and hardworking advocate.’ (2022)

    ‘Is fiercely bright, commercial and user friendly. She is tenacious and is certainly someone you would rather have in your corner than your opponent’s.’ (2021)

    Insolvency

    Legal 500

    ‘Elspeth really knows her stuff, is clear in her advice, doesn’t overstate the merits and makes herself available at short notice when needed.’ (2025)

    ‘Her clients are great fans.’ (2024)

    ‘She has presence and combines intellect, hard work and forcefulness.’ (2023)

    ‘Elspeth is a formidable and powerful advocate, with real gravitas in court.’ (2022)

    ‘Fiercely bright, commercial and user friendly.’ (2021)

    Private wealth and probate

    Legal 500

    ‘Elspeth is a fearsome advocate and go-to silk for all heavyweight litigation. She cuts through the weight of evidence to get to the core issues.’ (2025)

    Private Client – Who’s Who Legal

    ‘Most highly regarded silk’ Elspeth Talbot Rice KC is widely recognised as a leading private client silk, with peers endorsing her ‘punchy advocacy‘ and ‘prolific experience in the field’. (2022)

    +44 (0)20 7691 2424
    ETR@xxiv.co.uk
    Contact Clerks
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    Download CV (PDF)
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    • “The trust supervisory jurisdiction:  how broad is it really?  How far can it be stretched?” (with Andrew Holden) Trusts and Trustees 2019
    • “I’m a Trustee, get me out of here with indemnities and security)” published in Trust and Trustees vol 25 No 2, March 2019.
    • “A trustee by any other name – who is a “trustee” for limitation purposes?” (with Andrew Holden) Journal of International Business and Finance Law (2014) 29 JIBFL 438
    • “Whose liability is it anyway?” (with Daniel Warents) Journal of Business and International Law (2012) (dealing with whether trustees of personal pension schemes can be liable in respect of undisclosed commissions paid to investment managers or advisors, and if so in what circumstances)
    • “He’s Madoff with my Money” (with Bajul Shah) Trust and Trustees (Oxford University Press) (2010) 16 (4): 213-225 (an article examining hedge fund structures, Madoff’s fraud and the resultant clawback claims)
    • “Oops, I’ve made a mistake: Will England or Jersey law fix it for me?” the Lawyer website, December 2012
    • “Core Distinction” Legal Week, 30th March 2010 – an examination of the rule in Re Hastings Bass and mistake
    • Insolvency Issues for Estates and Trust Practitioners (with Edward Cumming and Sarah Bayliss) Insolvency Intelligence Insolv. Int. (2010) Vol.23 No.3 Pages 33-37 and No.4 Pages 49-53.
    • BA (Hons) Durham University
    • Wigglesworth Scholar of Lincoln’s Inn

    2012          Elected as a Bencher of Lincoln’s Inn.

    2023          Elected as Keeper of the Walks of Lincoln’s Inn

    2024          Elected as Keeper of the Black Books of Lincoln’s Inn

    2025          Elected as Keeper of the Library of Lincoln’s Inn

    Former Prosecuting Counsel for the Bar Standards Board.

    • ACTAPS
    • Chancery Bar Association member  (committee member 1994-1996, Hon Sec, 2008-2012)
    • Denning Society of Lincoln’s Inn (committee member since foundation)
    • Bar of the Eastern Caribbean Supreme Court

    Elspeth is a much sought after speaker at conferences, webinars and seminars both in England and abroad. She speaks regularly at Legal Week’s Trusts and Estates Litigation Forum and their International Private Client Forum, as well as at many STEP conferences and the Transcontinental Trust conferences in Geneva and Bermuda. She has also spoken at White Paper’s Fraud conferences and IBA and Law Society conferences.

    Business Details


    VAT number:
    524388241
    Registered name:
    Elspeth Middleton Talbot Rice

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