Our People

Elizabeth Shaw

Director & Head of Litigation

Department:

Property Litigation and Dispute Resolution

Experience:

28 years

Education:

Elizabeth studied in Leeds for her Bachelor of Laws (2.1) and then attended Chester Law College to complete the Law Society Finals.

Main Areas of Work:

  • Disputes between landlords and tenants both commercial and residential (dilapidations/disrepair claims/contested lease renewals/contested rent reviews/arguments over breaches of covenants/allegations of unreasonable withholding of consent/possession actions/forfeiture).
  • Professional negligence claims against Solicitors, Surveyors and Architects arising out of property transactions.
  • Disputes about the ownership of land/beneficial interests in land or about rights over land both in relation to commercial land and residential land.
  • Contractual disputes.
  • Partnership disputes
  • Disputes arising out of the sale and purchase of companies and businesses including warranty claims.
  • Advising both individuals and companies in relation to options when in financial difficulty. Able to recommend/and work together with Insolvency Practioners when necessary

    Acting for Insolvency Practitioners both Trustees in Bankruptcy and Liquidators/Administrators in investigating and setting aside transactions at undervalue/preferences/possession actions relating to property interests. 


    Great / Notable achievements at Wake Smith:

    • Acting for the Canal Undertaker in arbitration with a telecoms operator under The Telecommunications Code about whether consideration is paid for crossing the Canal. This case went all the way to the Supreme Court.
    • The Court of Appeal overturning the first instance Judgment which went against one of my clients who lost half of his partnership to a purported former partner. This case is properly reported at [2012] EWCA Civ 289.
    • Acting on all litigious transactions for Salvation Army Trading Company Limited; dealing with dilapidation claims, Lease renewals and any other property disputes.
    • Winning at first instance a breach of duty case alleged against my landlords clients. The tenant appealed but the Court of Appeal upheld the first instance decision.
    • Tenant’s solicitor in the reported case of H Turner & Son Limited v. Confederation Life Insurance Co (UK) Ltd (2002) EWHC 2949/(2003) 2 E.G.L.R. 11 in which the Court determined in favour of tenant when determining the date from when rent payable under the review clause.
    • Recently settling two very complicated contested lease renewals at mediation for two very different clients; fraught and complicated but both clients very relieved to avoid very expensive and time consuming court proceedings to trial.
    • Arguing a novel breach of trust argument to assist one half of a jointly owned property partnership to obtain an order for sale of jointly owned properties.
    • Acting for one party in very rare proceedings under section 17 of the Married Women’s Property Act 1882.

    Property-focused director Elizabeth Shaw, has ‘great interpersonal skills, excellent legal knowledge and always communicates in a clear way' & Elizabeth Shaw is ‘a highly driven individual with vast experience and knowledge’ - The Legal 500 UK 2019

    Elizabeth has been a member of the Property Litigation Association for over 10 years.

    Recent articles by Elizabeth Shaw

    CVAs and the retail industry– a landlords’ perspective
    Parliament to abolish "no fault" evictions
    Landlords - how does the Tenant Fees Act 2019 affect you?
    Landlords intention to redevelop – The long awaited decision from the Supreme Court is now available
    Changes to the rules concerning Assured Shorthold Tenancies for landlords
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