Eliza Eagling - 5 Stone Buildings
Junior counsel

Eliza Eagling

Call to Bar:2015

An instructing solicitor

It was a pleasure having Eliza on board – committed, enthusiastic, quickly identifying the relevant issues, and with an appetite for rolling her sleeves up and getting 'stuck in'.

Eliza has a chancery practice specialising in contentious trusts and probate, 1975 Act claims, the removal of personal representatives, constructive trusts and proprietary estoppel.  Eliza also acts in contentious Court of Protection matters, both financial and health and welfare.

Eliza was recently Junior Counsel for the Appellant in the highly publicised 1975 Act case of Cowan v Foreman in the Court of Appeal. She is a member of the LexisNexis Expert Panel for Family Law and Private Client.

Eliza has completed a five-month secondment in the trusts and succession disputes team at Withers LLP, where she handled and advised on a wide range of trust and probate disputes.

Her studies included French at Oxford and private international law at Cambridge and she is happy to accept instructions with an international dimension

About Eliza Eagling

Reported Cases

Cowan v Foreman [2019] EWCA Civ 1336 – permission to bring a 1975 Act claim out of time in a £16m estate. Eliza Eagling successfully acted for the Claimant with Penelope Reed QC. This case generated national press coverage.

Re CJF [2019] EWCOP1 – urgent application for a statutory settlement for a minor who was about to die and for whom a statutory will could not be made. Eliza acted for the minor’s mother. This is the first reported case under the Mental Capacity Act 2005 to consider the issue.

Bhusate v Patel & Ors [2018] EWHC 2362 (Ch) – strike out and summary judgment of proprietary claims against the Deceased’s estate in which Eliza acted for the Sixth Defendant.

Professional Memberships

Eliza is a member of the Chancery Bar Association and the Court of Protection Bar Association. She sits on the Chancery Bar Association Wellbeing Committee.

Recent Experience

Eliza’s recent experience includes:

• Acting for the Official Solicitor, the Office of the Public Guardian and individuals in a number of contested Court of Protection matters, including statutory will applications and attorney/deputy removal applications
• Acting for a deputy where P had been abducted to Jamaica
• Acting for a deputy as litigation friend for P in the Chancery Division where P murdered his father and the trustees are seeking directions as to whether the forfeiture rule applies to P’s interest under a trust (matter ongoing)
• Successfully representing deputies in an application to transfer P’s assets worth £6.6m to a New York trust
• Successfully removing caveats (both immediate removal and after limited period for caveator to bring a probate claim) and successfully removing PRs in the Family Division and Chancery Division
• Acting for parties in mediations of Inheritance Act claims, and advising on issues such as polygamy and domicile
• Successfully obtaining an urgent and final injunction to prevent a trustee disposing of trust assets
• Acting for the defendant in ongoing proceedings challenging the validity of the will
• Non-contentious advice and drafting in relation to disabled trusts, trust powers, deeds of variation, deeds of appointment, IHT, CGT and domicile

Education and Qualifications
  • BA, Christ Church, Oxford University (French and Philosophy): First Class
  • GDL, BPP London: Distinction
  • LLM, Gonville and Caius College, Cambridge University: First Class
  • BPTC, BPP London: Outstanding
Scholarships & Prizes
  • Lord Mansfield Scholarship (Lincoln’s Inn)
  • Hardwick Scholar (Lincoln’s Inn)
  • Advocacy Scholar (BPP)
  • Sir William Wade Prize for Civil Liberties and Human Rights (Cambridge University)
  • Sir Emylyn Wade Prize for LLM result (Gonville & Caius College, Cambridge University)
  • Senior Scholar (Gonville & Caius College, Cambridge University)
  • Sir Richard Stapley Scholarship (external scholarship for the LLM)
  • Half Blue for Latin American and Ballroom dancing (Oxford University)
Publications and Lecturing

Eliza speaks at both chambers’ and external seminars regarding her practice areas. This includes seminars presented with Sarah Haren on Ilott v Mitson for STEP, William East on FDRs in the Chancery Division and Mark Baxter on gifting and investment by deputies and attorney in the Court of Protection.

Eliza regularly contributes to legal journals, including the following articles:

  • Re NRA: deprivation of liberty applications” Private Client Business [2016] 2
  • “Court of Protection: appointment of deputies” Elder Law Journal [2016] 1
  • “Backwards Tracing” Elder Law Journal [2016] 1
  • “FDRs in the Chancery Division” Elder Law Journal [2016] 3
  • “In defence of Menelaou v Bank of Cyprus” Private Client Business [2016] 6
  • “Staveley v HMRC”, co-written with Farrers for Trusts and Estates Law & Tax Journal (forthcoming)

Eliza lived in Paris during the year-abroad component of her degree, running dance and language classes for women in a rehabilitation centre for mental health problems. She is fluent in written and spoken French and is happy to accept instructions which have a French element.

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