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Elizabeth Shaw

elizabeth.shaw@wake-smith.com

T. 0114 224 2041 M. 07989 442771

Elizabeth Shaw

Director

Department: Property Litigation and Dispute Resolution 

Years’ experience in the above area: 23 years

About Elizabeth and her 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 Practioners both Trustees in Bankruptcy and Liquidators/Administrators in investigating and setting aside transactions at undervalue/preferences/possession actions relating to property interests.

Important/Significant matters undertaken:

  • 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.
  • Successfully defending an action at trial against Wake Smith & Tofields in an allegation of negligent handling of a conveyancing transaction.
  • 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.

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

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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