Elizabeth Weaver

Areas of experience

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• 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)
• Art, Cultural Property & Media

  Elizabeth frequently acts in art and cultural property matters, advising collectors on issues of provenance and value of art works.

• 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 2020 as a leading Junior in Commercial Litigation.

  Examples of the range of her work are:

  • Dispute over company licensing requirement (2021): advising majority shareholder of JV about position of holding entity.
  • Application for injunction in support of arbitration: worked with Michael Black QC in drafting skeleton argument and evidence. Instructed by Quinn Emmanuel/Laktineh.
  • Dispute over appointment of arbitral tribunal (2019): worked with Michael Black QC on various applications relating to issues of confidentiality and publication of judgments relating to breach of an arbitration agreement. Instructed by Mayer Brown.
  • Bankmed v Al Barguthi (2019): application for stay of proceedings pursuant to Arbitration Law. Hearing before H.E Deputy Chief Justice Omar Al Muhairi. Instructed by Mayer Brown.
  • Al Haj & Privatbank Ihag Zurich v Orion Holdings (2018): jurisdiction application by Privatbank. Hearing before H.E Justice Shamlan Al Sawalehi. Instructed by Al Tamimi.
  • 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. Hearings before Justice Sir Richard Field  (led by Tom Montagu-Smith QC). Application before Arbitral Tribunal – chaired by Dame Elizabeth Gloster. Instructed by Deidre Walker of Norton Rose Fulbright (Dubai).
  • 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 2020 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

• Court of Protection

  Elizabeth has a keen interest in the property and affairs jurisdiction of the Court of Protection. Examples of her work include:

  • A contested application for directions as to whether proceedings should be taken by P’s deputy to set aside valuable gifts of shares on the grounds of lack of capacity and undue influence. The application was opposed by a national charity which stood to benefit under the donee’s will.
  • A contested application for the application of a panel deputy in the context of an ongoing dispute between P’s children as to his capacity and how the deputy should be funded.
• 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). Previously recommended in this area by Legal 500 and Chambers and Partners, she has considerable experience in trusts, probate and estates work, especially contentious work.

  She is also recommended in Citywealth Leaders List 2019 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

Other information

• Recommendations

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

  Chancery: Traditional

  Chambers & Partners

  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.” (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 – 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.” (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 – 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.” (2021)

  Offshore

  Chambers & Partners

  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. (2023)

  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.” (2022 – UK and Global)

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

  Legal 500

  Ranked as a Leading Junior (2024 & 2023)

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

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

  Professional Negligence

  Legal 500

  ‘She is excellent.’ (2021)

  Private Client: Trusts & Probate

  Legal 500

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

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

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

  Company & Partnership

  Legal 500

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

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

  Commercial Litigation

  Legal 500

  ‘Advises across a broad range of Chancery and commercial matters. No nonsense, but very good with clients. Court room manner is steely and determined.’ (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.’ (2022)

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

  Middle East: The English Bar – Commercial

  Legal 500

  ‘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.’ (2022)

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