Elisabeth Tythcott

Year of Call: 1989


Education

School: Hewett School

University: Huddersfield

School of Law: Inns of Court School of Law

Qualifications: LL.B (Hons) Business Law


Professional Memberships

Chancery Bar Association
Northern Chancery Bar Association
Northern Circuit Commercial Bar Association
Inner Temple
Northern Circuit


Elisabeth has developed a wide ranging general chancery and commercial practice during her career which has brought with it the corresponding substantial advocacy and advisory experience.  She regularly litigates matters across the country.

In advising and representing clients Elisabeth adopts a pragmatic and considered approach in analysing all options and potential outcomes whilst fostering a strong team ethic with both solicitor and client from the earliest stage.

Elisabeth is an accredited Mediator (CEDR) and an experienced mediation advocate.

Although Elisabeth’s practice encompasses all areas of Chancery and Commercial practice, she has developed a particular interest in the following fields.

Defamation and Privacy

Elisabeth has developed a niche practice in defamation and privacy cases which has included advising high profile individuals in actions brought against national newspapers.  Elisabeth also advises in relation to malicious falsehood and trade libel.

Company and Partnership

Instructions usually relate to s994 Companies Act 2006 proceedings, breach of shareholders’ agreements, derivative claims and disputes between partners both before and after the dissolution of the partnership.

Wills and Probate

Contentious and non-contentious probate matters are a regular feature in Elisabeth’s diary.  Such matters include challenges to the validity of testamentary documents, claims brought pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 and the construction and interpretation of wills and codicils.

Property Law

As part of her practice Elisabeth regularly advises and acts in many and varied property related matters including boundary disputes, applications for injunctions to prevent construction where allegations of trespass and/or breach of covenant and/or obstruction of access of light are involved, interpretation of restrictive covenants, cases involving proprietary estoppel and/or constructive trusts and Landlord and Tenant matters.

Contract

Elisabeth is experienced in the interpretation, enforcement and enforceability of contractual terms and the drafting of contractual documentation.

Professional Negligence

Elisabeth has advised and acted in cases involving allegations of negligence made against most professions but with particular emphasis on claims involving solicitors, surveyors, accountants and engineers.

View Notable Cases

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Aldermore Bank plc -v- Rana [2016] 1 WLR 2209
Acted for the Claimant bank against the Defendant borrower for repayment of sums advanced but which had been misappropriated by borrower’s solicitors. The Court of Appeal held that although the funds had been released completion had not occurred so that the borrower was not contractually liable to repay.

Connolly -v- Law and Assetz Development Limited [2015] HHJ Hodge QC sitting as a Judge of the High Court
Acted for Defendants in claim alleging unfair prejudice brought by 49% shareholder and in counterclaim for account of the profits following the diversion of a corporate opportunity. The claim was dismissed and the counterclaim succeeded.

Ridley -v- Finnegan [2015]
Acted for the Defendants in a claim where Claimants alleged testatrix lacked testamentary capacity. Claim dismissed. Counterclaim for repayment of testatrix’s funds misapplied by Claimants in breach of trust succeeded.

Nichol -v- Tinsley [2015]
Acted for the Claimant roofing contractor in a claim for unpaid invoices following completion of refurbishment of a building containing four holiday flats. The Defendant counterclaimed alleging defective workmanship. There was judgment on the claim in its entirety and judgment for the Counterclaim for a very limited extent resulting in the Defendant being ordered to make a payment to the Claimant of over 90% of the claim.

Singh -v- Singh [2014] 1 BCLC 649
Acted for the Defendant in a claim for permission under s261 Companies Act 2006 to continue a derivative claim. Application dismissed.

Foley -v- Lincoln City Supporters’ Society Limited [2014]
Acted for the Claimant who was partially successful in challenging the validity of the actions of the Defendant, an organisation set up to promote and support Lincoln City Football Club.

Signature Developments -v- RBIG Corporate Risk Services Limited
Claim against insurance brokers for failing to advise and warn insured about conditions in a contract of insurance. Case settled at trial.

Yates -v- Yates
Partnership dispute concerning post dissolution division of partnership assets of portfolio of buy-to-let properties. Case settled

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