Elizabeth Darlington

							            Elizabeth Darlington
            PRACTICE AREA: Family



Year of Call: 1998                      Practice Summary
                                        Elizabeth is instructed in Family matters that involve:
Family Law Bar Association
Professional Associations:

                                                Applications under the Trusts of Land and Appointment of
Chancery Bar Association
                                                Trustees Act 1996
                                            •


                                                Inheritance Act claims
2000 MA (Cantab)
                                                Ancillary relief, particularly cases involving interveners and
Qualifications:                             •


1998 Called Middle Temple                       complex issues concerning ownership of property.
                                            •


Jules Thorn Scholar of the Middle       Areas of Expertise
Temple
                                        Elizabeth took over as General Editor of Cohabitation Law and
1997 BA (Cantab)                        Precedents (Sweet and Maxwell) in September 2010. This looseleaf
                                        provides a comprehensive guide to all issues arising on the separation
Elected Scholar of Selwyn College,
                                        of cohabitants, including financial provision for children, occupation of
Cambridge
                                        the home, and inheritance and succession. It is written by a team of
                                        expert practitioners, including barristers, solicitors and members of the
                                        judiciary.
Recommendations & Awards:

"Zenith Chambers family group was
                                        In addition, Elizabeth is co-author of Cohabitation and Trusts of Land
strengthened by the arrival of
                                        (2010) (Sweet and Maxwell), now in its second edition and contributes
Elizabeth Darlington, an expert in
                                        to Wildblood and Eaton Financial Provision in Family Matters (Sweet
trusts of land and cohabitation .”
                                        and Maxwell) (looseleaf).
Legal 500: 2010
                                        Elizabeth is regularly instructed in applications under the Trusts of
Elizabeth Darlington “is known for
                                        Land and Appointment of Trustees Act 1996 and claims under Schedule
her expertise in trusts of land and
                                        1 of the Children Act 1989.
financial provision”. Legal 500: 2009
                                        Elizabeth is also regularly instructed in claims under the Inheritance
                                        (Provision for Family and Dependants) Act 1975.
Email:
Contact Details:

edarlington@zenithchambers.co.uk
                                        Reported Cases
Clerks email:
clerks@zenithchambers.co.uk
                                                Property dispute between father and daughter. Father sought
                                            •   Kay v. Mills [2005] EWCA Civ 1537

Telephone:                                      possession of property purchased by father and daughter upon
                                                trust for father’s sole benefit. Defence based on proprietary
Zenith Chambers, 10 Park Square, Leeds, LS1 2LH                                          www.zenithchambers.co.uk
0113 245 5438                                     estoppel. Successful application to the Court of Appeal against
                                                  decision to strike out the defence.

                                        Notable Cases
                                            •     Radford v. Gwilliam (2009): Birmingham County Court,

                                                  Business list. Representing the parents in a dispute with their
                                                  Chancery

                                                  daughter and son-in-law as to ownership of property. The
                                                  parents had invested the proceeds of sale of their home in
                                                  constructing an annex to a property owned by their daughter
                                                  and son-in-law.




                                                  The parties then fell out. The parents brought a claim based on
                                                   constructive trust and/or proprietary estoppel on the basis that
                                                   they had a beneficial interest in the property or alternatively
                                                   were entitled to compensation for the amount they had spent.
                                                   The Court found for the parents on the basis of proprietary
                                                   estoppel and awarded them a lump sum in compensation.
                                            •     Dowson v. Riley (2009): Leeds County Court, Chancery

                                                  Representing male partner in a dispute concerning the former
                                                  Business List:.

                                                  matrimonial home. The property was purchased by the couple
                                                  as joint tenants. The entirety of purchase monies, however,
                                                  were provided by the female partner’s father. Matter settled by
                                                  consent.


                                                  Representing female partner in a successful application for a
                                            •     Shaw v. McCormack (2007-2008) High Court:

                                                  freezing order against the male partner in respect of the
                                                  proceeds of sale of the parties’ former home. Male partner
                                                  subsequently “disappearing”. Successful TLATA proceedings in
                                                  respect of the proceeds of sale.


                                                  Representing elderly couple seeking a declaration of a
                                            •     Bland v. Clapham (2006)

                                                  beneficial interest in a property owned by their daughter and
                                                  son-in-law. The daughter and son-in-law divorced and the son-
                                                  in-law denied that the parents had any interest in the property.
                                                  The parents had sold their previous home. The proceeds of sale
                                                  were invested in the property and the father, a retired builder,
                                                  had constructed an extension at the property and other
                                                  improvements. Matter settled by consent.

                                        Publications
                                                  General Editor of Cohabitation Law and Precedents (Sweet and
                                                  Maxwell)
                                            •


                                                  Cohabitation and Trusts of Land (Sweet and Maxwell) (2nd ed)
                                                  2010
                                            •


Zenith Chambers, 10 Park Square, Leeds, LS1 2LH                                          www.zenithchambers.co.uk
                                                  Cohabitation and Trusts of Land (Sweet and Maxwell) (1st ed)
                                                  2007
                                            •


                                                  Financial Provision in Family Matters (Wildblood and Eaton)
                                                  (Contributor)
                                            •



                                        Seminars
                                                  November 2010 Applications under the Trusts of Land and
                                                  Appointment of Trustees Act 1996 Practice and Procedure,
                                            •

                                                  Leopold Hotel, Sheffield
                                                  March 2010 “Wine and Wisdom” seminar on Cohabitation at the
                                                  Leeds Radisson.
                                            •


                                                  May 2010 Property law seminar to the Barnsley Law Society.
                                                  July 2009 In-house seminar to Andrew Jackson, Solicitors,
                                            •


                                                  Kingston-upon-Hull.
                                            •


                                                  Provides in-house Seminars to solicitors firms. Past in-house
                                                  Seminars include Irwin Mitchell and DWF.
                                            •


                                        Provides talks for the FLBA and Resolution.




Zenith Chambers, 10 Park Square, Leeds, LS1 2LH                                         www.zenithchambers.co.uk