Hilary Messer

Senior Associate

Hilary Messer is a Senior Associate in the Dispute Resolution team.

Hilary specialises in dispute resolution and has extensive knowledge in a wide range of civil litigation matters. Hilary is not afraid to take on cases from which other shy away and has built a reputation for her high levels of tenacity and enterprise, making her a formidable opponent. Hilary takes pride in ensuring that she always secures the very best outcome she can for her clients.

Hilary is a recommended lawyer in Legal 500 (2019) and a noted member of the litigation team. Hilary has also previously been voted as one of the Hot 100 Lawyers for her work challenging the banks on Shared Application Mortgages (SAMs), along with Times Lawyer of the Week and Law Society Lawyer of the Month.

Commercial Disputes Experience

Hilary practices in all areas of commercial dispute resolution. Hilary has a particular interest in what may best be described as ‘cause cases’, acting for the individual against bureaucracy and officialdom.

Property Disputes Experience

Hilary’s expertise in property litigation includes landlord and tenant matters, applications relating to trusts of land and boundary and right of way disputes.

Work Highlights

• A landmark winning decision in the House of Lords affecting all lenders, solicitors and sureties (Royal Bank of Scotland v. Etridge (AP) [2001] UKHL 44) acting for the surety wife and co-ordinating all the conjoined appeals in the House of Lords
• A winning Court of Appeal decision in a claim under the Inheritance (Provision for Family and Dependants) Act 1975 which remains the authority for reasonable financial provision for widows (Re Krubert [1997] Ch 97)
• A winning Court of Appeal decision on the construction and meaning of a clause in a policy of insurance relating to material risk and disclosure (Kausar v Eagle Star Insurance Co Ltd [2000] Lloyd’s Rep IR.154)
• A successful claim against the Catholic Church in a sexual abuse case involving a minor
• A successful medical negligence claim against an NHS trust with a structured settlement and Receivership/Deputy appointment
• Acting for 120 client victims of property portfolio fraud
• Securing a Group Litigation Order to challenge the terms of SAMs under the amended Consumer Credit Act and being appointed Lead Solicitor

Legal Directories and Awards

• Hilary was listed in the 2020 Legal 500 rankings as a Recommended Lawyer for Commercial Litigation. The team  ‘punches well above its weight‘ and regularly acts in multi-jurisdictional commercial litigation for a mix of private and corporate clients.

Memberships and Professional Bodies

• Property Litigation Association

Hilary Messer qualified in 1991.

Recent Articles

• 29-10-2019 - Renting a Property: what’s the cost?
• 03-05-2019 - Gardeners beware: check the ground rules first…
• 02-11-2018 - Remember remember the fifth of November…
• 23-08-2016 - Sterling’s fall post Brexit makes foreign currency proceedings more expensive

Recent Press

• 19-11-2018 - Real Business: Handling a commercial dispute claim
• 15-08-2016 - New Act offers an easier way to resolve some insolvency issues
• 04-12-2015 - Cloud Storage – are you breaking the law?

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