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Hendersons - Barristers' Chambers

Elizabeth Tremayne

Call
2009

Elizabeth is an experienced advocate who has a civil and common law practice with a particular emphasis on defending health, safety & environmental prosecutions and civil claims, product liability and public law, commercial litigation and employment disputes. Elizabeth appears at all levels of the civil and criminal courts, Employment and Property Tribunals and the Coroners Courts. She also assists clients in alternative dispute resolution.

 

Expertise


Health & Safety, Environment, Inquests

Elizabeth regularly appears in health and safety matters in the criminal courts. She is familiar with advising and representing clients prosecuted by enforcing authorities such as the police and the HSE throughout investigation and the court process. She has acted for individuals and businesses operating in a number of sectors including construction, transport, technology, healthcare and the public sector.

She has experience of cases involving charges ranging from manslaughter to regulatory breaches of workplace health and safety to Environmental Protection Act matters including the escape of waste and contamination. Elizabeth also advises corporate clients on preventative measures directed at avoiding litigation. Elizabeth’s civil product liability practice complements her criminal health and safety work.

Elizabeth has represented commercial and quasi-public bodies as interested parties at inquests, in particular in relation to rail fatalities, and is familiar with jury handling.

Elizabeth is a member of the Health and Safety Lawyers’ Association.

Instructions Include:

Defending corporate and quasi-public bodies in prosecutions for alleged breaches of:

  • The Environmental Protection Act 1990 in the treatment and storage controlled waste.
  • Duties owed to non-employees under the Health and Safety at Work etc. Act 1974 on construction sites operated by multiple contractors.
  • Work at Height Regulations 2005 in rope work and scaffolding operations.
  • Control of Asbestos Regulations 2006 in relation to the presence of the substance at headquarters and off-site.
  • The Regulatory Reform (Fire Safety) Order 2005 following a serious accident involving a member of the public.

Civil environmental and pollution claims include nuisance, land contamination and flooding and inquests at the Coroner’s court include:

  • railway level crossings, lines and verges;
  • construction sites;
  • pharmaceutical trial participants.

Product Liability & Public Law

Elizabeth has acted in a number of alleged defective product cases involving civil and criminal liabilities litigated, in the main, under Group Litigation Orders. She has particular experience of claims involving medical devices and the apportionment of liability between patients, suppliers, manufacturers, surgeons and credit providers. Elizabeth accepts instructions in a range of product liability matters both under the CPA 1987 and at common law, from pharmaceutical products to household and consumer goods.

Elizabeth has experience of acting in a range of judicial review and public procurement matters including tenders for contracts by large public bodies and the appropriate procedures and selection criteria. She recently appeared in the High Court in a judicial review involving the vires of the decision of a public sector adjudicator. She has been instructed in professional disciplinary cases including in a long running dispute for the General Pharmaceutical Council in a matter litigated in the High Court.

Instructions Include:

  • Representing a defendant manufacturer in a multi-party claim concerning allegedly defective hip implants (led by Oliver Campbell QC).
  • Acting for a credit provider defending a Group Action claim in relation to silicone breast implants.
  • Advising in multi-party commercial product liability and sale of goods cases, including on insurance coverage.
  • Advising a food manufacturer on the compatibility of proposed domestic legislation with European Union law.
  • Representing suppliers and manufacturers in allegedly defective building materials, electrical appliances and road surfacing products from investigation to trial.

Commercial & Property

Elizabeth handles a range of commercial disputes from sale of goods and services claims to corporate and personal debts and insolvency. She specialises in claims involving banks and financial institutions with a particular emphasis on the enforceability of guarantees. She is regularly instructed by the largest lending institutions as well as by private individuals. She has worked on a number of economic torts cases including complex conspiracy, tortious interference and procuring breach of contract cases and on claims involving breach of fiduciary duties.

Elizabeth has an active property practice and is regularly instructed in a range of real property cases involving boundary disputes and trespass, restrictive covenants and easements, dilapidations and disrepair, adverse possession, bona vacantia and land registration. She acts in applications for sale and charging orders and the enforcement of security. She has advised the Ministry of Justice and the Ministry of Defence on disputed sales of and licences over land.

She advises and acts in enfranchisement and service charge disputes in the Leasehold Valuation Tribunal and Residential Property Tribunal. She has represented landlords, local authorities and commercial tenants in disputed mortgage, arrears, anti-social behaviour possessions and injunctions, breach of covenants including contractual set off, succession rights, spouse and family claims, telecommunications disputes and trusts. She has been instructed by a number of electricity, gas, water and telecommunications service providers to advise and act in property disputes involving their estates, restrictive covenants, contractual arrangements and insurance.

Commercial cases include:

  • alleged negligent financial and investment advice;
  • numerous personal guarantee cases, advising and representing in claims on enforceability, scope and underlying misrepresentation.
  • Acting for an international trading company (led by Patrick Green QC) in a dispute with its bank concerning the interpretation of oral assurances, the bank’s entitlement to offset multi-currency accounts and a counterclaim based principally on misrepresentation.
  • Acting for a consortium of medical practitioners defending a substantial claim by their joint-venture partner – a multinational private healthcare provider.
  •  Advising lending institutions on guarantees of commercial loans (defended on grounds including alleged misrepresentation, undue influence and discharge by variation)
  • Acting on behalf of creditors in claims arising out of mortgages and guarantees in which complex allegations of misrepresentation, undue influence, unconscionable dealing and discharge by variation were raised.

Property work includes:

  • domestic and agricultural easements;
  • boundary disputes and neighbours claims;
  • enfranchisement disputes and service charge payments and the enforceability of contractual terms relating to communal charges;
  • the measure of damages in development and trespass cases;
  • commercial and residential landlord disputes including large scale disrepair, human rights defences and alleged Equality Act 2010 breaches.
  • urgent trespasser and protester injunctions and possession claims often relating to high profile and high value commercial properties.
  • Nuisance claims including Japanese Knotweed, flooding and noxious substances.

Employment

Elizabeth regularly appears in Employment Tribunals and the High Court acting for both claimants and respondents. She has dealt with many unfair capability and conduct dismissals, TUPE, redundancy, race and disability discrimination and harassment claims. She has particular expertise in discrimination, whistle blowing and employee status cases as well as those concerning restrictive covenants. Elizabeth was recently involved in a complex bullying and harassment claim through the course of proceedings from drafting an opinion on liability and quantum, pleadings, instructing and questioning experts and witnesses and dealing with all case management issues including retrospective policy changes. She has also acted in a number of alleged pregnancy, maternity and sexual orientation discrimination cases. She works across a wide range of market sectors, including financial, IT, telecoms, health and education, and has acted in international claims.

In recent years she has been instructed in a number of whistleblowing claims involving multiple claimants and has recently appeared in zero hours contract cases involving agency workers and the limits of their statutory protection. Elizabeth has particular experience of dealing with vulnerable clients and witnesses. Elizabeth has done extensive work in the public sector on employee personal injury and assault claims involving alleged human rights breaches.

Instructions Include

  • Successfully defending numerous, complex claims of pregnancy and sex discrimination for a multi national employer.
  • Acting for Claimants against a care home company in relation to whistleblowing and age discrimination.
  • Acting in a substantial bonus claim involving a city trader and a financial institution.
  • Advising a local authority in relation to pregnancy and maternity policy across its educational establishments.
  • Numerous preliminary applications in relation to the definition of disability, ethnicity and on questions of limitation.
  • Representing estate agencies, waste management companies and schools in social media related dismissals and disciplinary sanctions.
  • Representing employers and employees in zero hours contract cases and claims under the Working Time Regulations 1998.
  • Advising on cross-border employment law in contractual provisions.

 

Instructing Elizabeth Tremayne

If you require help or advice please contact our clerking team

Call +44 (0)20 7583 9020
or email

Memberships
  • Employment Lawyers Association
  • Health & Safety Lawyers Association
  • South Eastern Circuit
Education
  • London School of Economics & Political Science, BSc Hons (1st Class)
  • Oxford University, MA
  • City University, Graduate Diploma in Law
  • BPP College, Bar Vocational Course
  • Honourable Society of the Middle Temple, Astbury Scholar

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