Elizabeth Weaver

Areas of experience

Checked sections will be included in the PDF download.

Select: All | None

• Arbitration

  Elizabeth has wide ranging experience of arbitration, including large scale commercial LCIA and ICC arbitrations.

  • A v B  (ongoing) – challenge under the Arbitration Act 1996 to an Award by a London Beth Din
  • LCIA Case (2019 -2022) – arbitration arising from breakdown in shareholder relations following investment into international male grooming business. Issues included breach of SHA, proper measure of damages for harm to business and grant of emergency relief.
  • ICC Arbitration (Dubai seat) – breakdown of a joint venture; availability of equitable remedies.
  • Malhotra v Malhotra [2013] 1 Lloyds Rep 285: setting aside anti-suit injunction to restrain company proceedings in India.
  • LCIA Arbitration (seat London) – 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.
  • Capital Trust Investments Ltd v Radio Design [2002] 2 All ER 159A – whether application for strikeout prevented an application for stay under section 9 Arbitration Act 1996   dispute on behalf of a Swedish company in relation to allegations of misrepresentation in a prospectus and, in particular, whether there was a binding arbitration agreement
• Art, Cultural Property & Media

  Elizabeth frequently acts in art and cultural property matters, advising collectors on issues of disputed ownership, agency disputes and related issues.

  • Hickox v Taylor and Simon C Dickson Ltd – dispute over ownership of valuable painting by French post-impressionist Paul Signac
  • Accidia v Simon C Dickinson (2010) EWHC 3058 – a claim against dealer for return of secret commission on the sale of an Old Master Drawing
• 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. Examples of her experience in this area includes:

  • Kazakhstan Kagazy Plc v Zhunus [2019] EWCHC 3462 – whether freezing orders concerning properties held by offshore trust and corporate structures should be varied to permit payment of legal fees.
  • Estate of the late Boris Berezovsky – Elizabeth was instructed by the trustees in bankruptcy (previously the court-appointed receivers and administrators) in relation to the many complex issues and claims arising following Mr Berezovsky’s death.
  • JSC VTB v Skurikhin [2012] EWHC 3116 – the extent of the court’s jurisdiction to make freezing and disclosure orders against English LLPs holding assets for an off-shore structure.
  • 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.
• Commercial Litigation

  Elizabeth’s experience covers a wide range of commercial business disputes and sectors. She is recommended by The Legal 500 (2024) as a leading junior in this area, with clients stating that she is ‘an absolutely top, go-to counsel – very bright, persuasive and detailed’. Her experience in this sphere includes:

  • River Rock European Capital Partners v Harnack [2022] EWHC 3270 – a claim against investment portfolio manager for breach of financial services regulation and contract – meaning of “material breach” (with Adam Cloherty KC ).
  • Hickox v Taylor & Simon C Dickinson [2022] – defending a claim for return of painting, this concerned issues about sale by agent and limitation.
  • Dispute over company licensing requirement (2021) – advising majority shareholder of JV about position of holding entity.
  • VIH Dubai Palm Jumeirah v Assas Opco (2017-2019) – complex dispute about management of a hotel in Dubai involving claims for injunction, allegations of contempt, applications to the JJC and an underlying arbitration.
• Company

  Recommended by The Legal 500 2024 as a leading company law junior, Elizabeth Weaver has wide experience in company cases, and in particular unfair prejudice petitions, shareholders’ disputes and claims by and against directors. Clients comment “Elizabeth has a broad range of skills which she adapts ably to all manner of cases”. Her experience includes:

  • McCarthy v Brittain [2022] BPIR 1396  – whether liquidators should assign company claims to a shareholder
  • Carlyle Capital Corporation v Conway: Instructed in Guernsey proceedings in which liquidators of failed Guernsey investment fund set up by the Carlyle Group are suing Carlyle and the directors for £1 billion for breach of fiduciary duty and negligence in management of the fund.
  • 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
  • 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
  • Re X  2001 – court’s jurisdiction to grant interim injunction in unfair prejudice petition
  • Re Quickdome Ltd [1988] BCC 296 – standing to bring unfair prejudice petition

   

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

• 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. Examples of her work are:

  • Lemos v Church Bay Trust Co. – advising liquidators in relation to s423 claim involving trust of London property
  • Advising the administrators and trustees in bankruptcy of the estate of Boris Berezovsky
  • 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
• Partnership and Joint Ventures

  Elizabeth has considerable experience of disputes arising from joint venture agreements and partnerships. Her experience includes:

  • Advising on complex farming partnership/will trust dispute.
  • Acting (with Michael Black KC) for a Saudi Arabian businessman in dispute with Fortune 500 US corporation over a joint venture in the Middle East.
  • Danone v Wahaha Group: acting (with Stephen Moverley Smith KC) 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.
• Professional Negligence

  Elizabeth 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, having become an established name in this field with the Bristol and West Buildings Society and related mortgage lending litigation. 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 acting on a claim by an landed estate against its land agent in relation to claims to EU subsidies, claims against professionals in relation to handling of trustee investments and the administration of estates.

• Trusts, Probate & Estates

  Recommended by Chambers & Partners and The Legal 500 for her domestic and offshore work in these fields Elizabeth is “very strong in the trusts world” and “an absolutely top go to counsel”, Elizabeth has considerable experience in trusts, probate and estates work, especially contentious work.

  Recent representative examples are:

  • Grosskopf v Grosskopf (ongoing) – the arbitrability of a dispute over the conduct of trustees.
  • Goodrich v AB [2022] WTLR 525 – important decision on the interpretation of trust deeds in the light of  ECHR.
  • Womble Bond Dickinson (Trust Corp) Ltd v Glenn [2021] WTLR 737 – interaction between section 32 Trust Act 1925 and the rule in Hancock v Watson.
  • PTNZ v AS [2020] EWHC 3114 – construction of power in trust deed to appoint a protector.

  Other notable cases are:

  • Re Christou [2014] EWHC 79 – probate claim involving allegation of forged will.
  • Re Shinorvic Trust [2010] (1) JLR 324 – advising on equitable remedies in relation to defective execution of a deed of appointment of a beneficiary.
  • 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 Krol Deceased Hof v Atherton [2005] WTLR 99 CA – stablishing that the testatrix had testamentary capacity despite suffering from Alzheimer’s Disease.

   

  Elizabeth is a contributor to “International Trust Disputes” published by Oxford University Press. Her articles on trust and probate issues include:

Other information

• Recommendations

  Chancery: Traditional

  “A pleasure to work with, she is very clear and concise in her advice and has a broad range of experience to call upon”. “She is very thorough, very responsive and very enthusiastic.”. “Elizabeth is wonderfully practical and direct.” ( Chambers & Partners 2024)

  Elizabeth Weaver is an eminent junior with a broad traditional chancery practice, who is frequently instructed in high-value matters, including cross-border cases. She handles a wide array of work, including trust disputes. Strengths: “Liz has a very calming demeanour. She is unflappable and provides coherent and well thought through advice.” (Chambers & Partners 2023)

  Elizabeth Weaver is a respected chancery junior who handles complex trusts and probate disputes, often representing trustees, beneficiaries and executors in such matters. According to an interviewee, Weaver “has a phenomenal ability to get on top of paperwork and issues very quickly,” which complements her “excellent client-handling skills.” Another source says: “Liz has a very calm demeanour, she is unflappable and provides coherent and well-thought-through advice.” (2022 – Chambers & Partners High Net Worth)

  Elizabeth Weaver is an eminent junior with a broad traditional chancery practice, who is frequently instructed in high-value matters, including cross-border cases. She handles a wide array of work, including trust disputes. Strengths: “Her client care is exceptional. She is a complete fighter who never gives up in a difficult case.” (Chambers & Partners 2022)

  Elizabeth Weaver has a broad onshore and offshore practice that includes trusts and estates disputes. “She is very intelligent, very client-friendly and also very proactive. I think she is extremely pragmatic about the views that she takes. She is also very easy to deal with,” says an interviewee. Another source describes Weaver as “hard-working and thoughtful.” (2021 – Chambers & Partners High Net Worth)

  Strengths: “She’s just brilliant. She’s very clear-thinking and very good to deal with.” “Her skeleton arguments are a model of clarity. She is truly excellent – a first-class barrister.” (Chambers & Partners 2021)

  Private Client: Trusts and Probate ‘Junior of the Year’ 2018 – The Legal 500 Awards

   

  Private Client: Trusts & Probate

  Ranked as leading junior for Private Client: Trusts and Probate (The Legal 500 2024)

  ‘She provides thorough advice in plain English.’ (The Legal 500 2023)

  ‘Good to deal with, sound advice, good turnaround, accommodating.’ (The Legal 500 2022)

  ‘Is a persuasive advocate with extensive knowledge and experience in contentious trust and probate matters.’ (The Legal 500 Private Client 2021)

  Offshore

  “Elizabeth Weaver is great; very technical.” “Elizabeth is very strong in the trusts world. She’s very experienced.” (Chambers & Partners 2024)

  Ranked as a Leading Junior (The Legal 500, 2024 & 2023)

  Elizabeth Weaver is a deeply experienced junior barrister, well versed in professional negligence and general chancery matters. She is routinely called upon for her expertise in international trusts disputes, high-value commercial litigation and asset recovery, and also frequently acts for ultra high net worth families. She has been called to the Bar of the Eastern Caribbean Supreme Court and has been active in the Channel Islands and the Isle of Man. (Chambers & Partners 2023)

  ‘A fantastic all-round advocate who I would not hesitate to instruct again.’ (The Legal 500 2022)

  Elizabeth Weaver a deeply experienced junior barrister, well versed in professional negligence and general chancery matters. She is routinely called upon for her expertise in international trusts disputes, high-value commercial litigation and asset recovery, and also frequently acts for ultra high net worth families. She has been called to the Bar of the Eastern Caribbean Supreme Court and has been active in the Channel Islands and the Isle of Man. Strengths: “She’s a really good advocate and knows her trusts.” (Chambers & Partners 2022 – UK and Global)

  ‘Instructed on a range of advisory matters.’ (The Legal 500 2021)

  Strengths: “A very articulate and impressively persuasive barrister.” (Chambers & Partners 2021 – UK and Global)

   

  Professional Negligence

  ‘She is excellent.’ (The Legal 500 2021)

   

  Company & Partnership

  ‘Very bright, persuasive and detailed, Elizabeth has a broad range of skills which she adapts ably to all manner of cases.’ (The Legal 500 2024)

  ‘Advises across a broad range of Chancery and commercial matters. No nonsense but very good with clients.’ (The Legal 500 2023)

  ‘An exceptional junior for company law matters.’ (The Legal 500 2021)

   

  Commercial Litigation

  ‘An absolutely top, go-to counsel – very bright, persuasive and detailed, Has a broad range of skills, which she adapts ably to all manner of cases. Clients respect and like her a lot. (The Legal 500 2024)

  ‘Advises across a broad range of Chancery and commercial matters. No nonsense, but very good with clients. Court room manner is steely and determined.’ (The Legal 500 2023)

  ‘Superb – she has all of the qualities of a silk, and is hugely experienced and effective both with clients and in the court room. She is a fantastic all round advocate who solicitors would not hesitate to instruct again.’ (The Legal 500 2022)

  ‘She is smart, efficient, pragmatic and gets straight to the heart of contentious issues cost effectively.’ (The Legal 500 2021)

   

  Middle East: The English Bar – Commercial

  Elizabeth is ranked as a leading junior in The Legal 500 EMEA 2024.

  ‘Elizabeth plays an integral role on highly complex and urgent matters before the DIFC Courts. She impresses the entire legal team with her persuasive writing and ability to quickly grasp and distill the issues of complex disputes.’ (The Legal 500 EMEA 2022)

  ‘She brings a wealth of experience to the table for complex disputes and her persuasive writing skills are particularly impressive.’ (The Legal 500 EMEA 2021)

   

  Private Client – Who’s Who Legal

  Elizabeth Weaver has a sterling reputation among peers and is highlighted as a “very experienced junior who is exceptional at handling contentious private client matters”.

  Chambers Global 2020 describes her as ‘Utterly fearless and very logical in her approach to cases’. She is praised for ‘impeccable drafting skills and provides clear advice, attacking the issues head on’.

  Chambers High Net Worth 2019 says  ‘She’s wonderful, so clear-thinking – she analyses and gets to the heart of the matter very quickly, and is very good at cutting out the irrelevant material. I respect her very highly. She’s very accessible and easy to work with’, comments one solicitor. Another source calls her ‘a pleasure to deal with, very responsive, and crystal clear on the scope of her opinions’.

  She is recommended in the Citywealth Leaders List 2019 as a Prominent Contentious Trusts Barrister and said to be ‘a first class barrister and at the top of her game. She is extremely bright and very quick at absorbing complex facts as well as very practical in terms of finding solutions and providing a clear and excellent strategy. She is tenacious and a formidable opponent’.

  Who’s Who recommends Elizabeth for private client work, praising her “strong drafting skills and impressive advocacy“.

   

• Publications

  Expanding the ambit of Section 32 of the Trustee Act 1925? Womble Bond Dickinson (Trust Corporation) Limited v Glenn & Others [2021] EWHC 624; [2021] WTLR 737 – Trusts & Trustees, 27 September 2021

  Contributor to:

  • Jordans International Trust Law
  • 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
  • Bar of the Eastern Caribbean Supreme Court
  • Registered Legal Practitioner Dubai International Financial Centre
  • Chancery Bar Association
  • STEP
  • ACTAPS
  • Commercial Bar Association
  • Professional Negligence Bar Association
  • Court of Protection Bar Association
  • Institute of Art and Law
  • Member of Professional Conduct & Complaints Committee of the Bar Council (2005-2010)