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 Practitioners 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

    Victory for commercial landlords in two recent judgments
    Phased easing of emergency measures for residential tenancies
    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

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