Elizabeth Weaver has a broad commercial Chancery practice, focusing mainly on contentious work in the area of business disputes, company law and insolvency, trusts and estates and property disputes. She also has a well-recognised specialism in professional negligence claims involving these areas. As a highly-respected senior junior, who is “excellent, both on paperwork and on her feet”, Elizabeth has the technical knowledge needed to analyse the issues arising in complex legal disputes (her cases often involve overlapping areas of law) and the experience to provide commercial advice and ensure the effective and efficient presentation of a client’s case.

Elizabeth has considerable experience of working on large-scale commercial claims (both High Court litigation and arbitrations) and trust disputes which have an international element or raise issues of foreign law and conflicts of law.

Examples of her recent work include:

  • Estate of the late Boris Berezovsky; Elizabeth is instructed by the trustees (who were previously the court-appointed receivers and then administrators) in relation to the many complex issues and claims arising following Mr Berezovsky’s death.
  • Zarbafi v Zarbafi [2014] 1 WLR 4122; a family trust and property dispute involving allegations of sham and laches and the removal of a litigation friend by the Court of Appeal because of a conflict of interest.
  • Re Christou deceased [2014] EWHC 79; Elizabeth successfully defended a claim that a will had been forged.
  • Avanesov v TOO Shymkentpivo [2015] EWHC 394; Elizabeth acted for the successful claimant in obtaining and upholding a default judgment, applying the Mitchell and Denton principles.
  • Malhotra v Malhotra [2013] 1 Lloyds Reports 285; a successful application to discharge an anti-suit injunction restraining litigation in India.
  • 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.
  • In the matter of the Shinorvic Trust [2010] (1) JLR 324; advising on the equity to remedy defective execution of a deed in the context of the defective deed seeking to add a beneficiary to a Jersey discretionary trust.
Citywealth Leaders List Weaver, Elizabeth The Legal 500 - The Clients Guide to Law Firms

Areas of experience

Checked sections will be included in the PDF download.

Select: All | None

  • 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 Her cases include:

    • ICC Arbitration (Dubai seat) – breakdown of a joint venture; availability of equitable remedies.
    • LCIA Arbitration – (London seat) case concerned obligations under a multibillion dollar commercial agreement for sale and purchase of gas in Russia.
    • LCIA Arbitration (seat Geneva) – anti-suit injunction trying to restrain proceedings in India in favour of LCIA arbitration in Geneva – involved consideration of scope of arbitration clause in Shareholders and Subscription Agreement of very large Indian manufacturing group and interrelationship with company law proceedings in India
    • DIAC – Advising on issues of jurisdiction and construction of an arbitration agreement under DIFC Arbitration Law and the applicability of Dubai Arbitration Law
    • ICC arbitration for a Thai client about copper shipments
    • 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.
    • A 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 (Capital Trust Investments Ltd v Radio Design [2002] 2 All ER 159)
  • 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:

    • 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.
    • 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

  • 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 2012 as a leading Junior in Commercial Litigation.

    Examples of the range of her work are:

    • Avanesov v TOO Shymkentpivo [2015] EWHC 394: claim for sale of shares in Uzbek bank; principles applicable to setting default judgment after Mitchell and Denton.
    • Supergroup plc v Justenough Software Corp Lawtel 27/6/14: withdrawal of Part 36 offer, relationship between discontinuance and acceptance of Part 36 offer.
    • Advising on interpretation of loan and sale and purchase agreements in relation to a property development in Dubai – consideration of assignment under DIFC law.
    • Acting for employment agency in claim for remuneration/quantum meruit against US private equity firm
    • Malhotra v Malhotra [2013] 1 Lloyds Rep 285: setting aside anti-suit injunction to restrain company proceedings in India
    • 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
    • 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)
  • Company

    Recommended by Legal 500 2014 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. Cases she has been involved in include:

    • Joint venture between Middle Eastern businessman and US Corporation; construction of shareholders agreement; whether equitable claims barred by derivative loss principle.
    • Expert evidence on English Company Law: Providing expert advice on the law relating to share transfers for proceedings in Florida.
    • 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.
    • Cafe Fego Limited: Acting for group of companies in claim against director and minority shareholder for breaches of fiduciary duty including attempt to take over part of the business. Raised issues of power of majority shareholders where board of directors is deadlocked.
    • 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

  • 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:

    • Advising the administrators and trustees of the estate of Boris Berezovsky
    • Re Quarry Hill Investments: advising in relation to very large claim for wrongful trading and contractual claim against a director and shareholder based on alleged undertaking in statutory accounts to maintain company as a going concern.
    • 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; extent of liquidators’ entitlement to information and documents.
    • 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 work has included:

    • Acting (with Michael Black QC) 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 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 & Partners as a barrister with a “strong practice in this area”, having become an established name in this field with the Bristol and West Buildings Society and related mortgage lending litigation. 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, claims against solicitors for negligence in relation to tax advice and advising solicitors facing allegations of breach of professional undertakings and misuse of confidential information.

    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
    • 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
  • 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.

    Examples of her work in this area include:

    • Zarbafi v Zarbafi [2014] 1 WLR 4122; dispute over ownership of Central London flat – allegation of sham trusts and laches
    • Resisting a claim to register restrictions against title of properties in Central London in context of dispute between Middle Eastern family over devolution of property
    • 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
    • Advising on interpretation of loan and sale and purchase agreements in relation to a property development in Dubai – consideration of assignment under DIFC law.
    • 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). Recommended in this area by Legal 500 2014 and Chambers and Partners 2014, she has considerable experience in trusts, probate and estates work, especially contentious work.

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

    Recent representative examples are:

    • Re Christou [2014] EWHC 79: probate claim involving allegation of forged will
    • Broadhead v Spread Trustee Co. Ltd: advising on limitation in connection with claims for breach of trust in Guernsey
    • 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 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
    • Re Krol Deceased Hoff v Atherton [2005] WTLR 99 CA: establishing that the testatrix had testamentary capacity despite suffering from Alzheimer’s Disease
    • 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” published by Oxford University Press.

    Her articles on trust and probate issues include:

    • “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