Experience

Key cases include:

  • Acting for a financial institution in a dispute concerning the validity of corporate actions under the Cayman Islands sanctions regime
  • Acting for a large number of institutional investors in their claims against RBS relating to its rights issue of April 2008 (The RBS Rights Issue Litigation [2016] EWHC 3161 (Ch)). This was the first group litigation in the financial services sphere and one of the recent leading authorities on the application of legal advice privilege
  • Acting in a €500m claim against an investment bank for breach of fiduciary duty arising out of market manipulation in respect of complex credit-linked note transactions, and related offshore insolvency proceedings
  • Acting for mezzanine lenders resisting a non-consensual debt restructuring by senior lenders, and pursuing a damages claim against the security trustee
  • Successfully defending (at first instance, appeal and in subsequent proceedings) a high net worth individual in a $2bn contractual dispute in relation to activities in diamond mining in Angola
  • Successfully representing (at first instance and on appeal) a company in its claim again former directors for fraud and breach of fiduciary duty (GHLM v Maroo and Ors)
  • Acting on a breach of warranty claim regarding the design and implementation of the billing system of a major utility company (GB Gas Holdings Limited v Accenture (UK) Limited and Others)

Expertise

Elaina acts for companies, financial institutions, states and state-entities and high net worth individuals on a wide range of high-value commercial disputes. Her main practice areas include banking and securities litigation, complex fraud and asset tracing, insolvency claims and commercial disputes relating to sanctions (particularly relating to the Middle East).

Career

Elaina studied Philosophy and Theology at Oxford University (first class honours). She trained and qualified at Linklaters LLP in before joining Stewarts in August 2011.

Accreditations and Memberships

  • LSLA (London Solicitors Litigation Association)
  • Junior LSLA Committee member and responsible for the JLSLA events programme
  • AIJA (International Association of Young Lawyers)
  • Fraud Lawyers Association

Publications

Elaina has written articles for The Times, City AM, the Commercial Litigation Journal and the Solicitors Journal on a broad range of subjects including:

  •  the legal implications of the re-imposed US sanctions on Iran; and
  • recent developments in the case law on legal advice and litigation privilege.

She has been quoted in a number of articles in the national press, including in the FT and The Lawyer, in relation to the landmark decision on privilege in ENRC v SFO.

Elaina regularly speaks at AIJA conferences, most recently on a panel discussing insolvency remedies in banking fraud at the AIJA Congress in London.

Recognition

Elaina is recognised in the Legal 500 as a “next generation lawyer” in the field of Banking Litigation.

Personal

Elaina enjoys skiing, running and hiking in an attempt to counterbalance her keen interest in food and drink. She holds a WSET Level 3 award in wines and spirits, with a particular interest in the wines of Bordeaux and Australia.