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 was a recommended lawyer in Legal 500 (2019 and 2020) and a noted member of the litigation team. Hilary was previously voted one of the Hot 100 Lawyers for her work challenging the banks on Shared Application Mortgages (SAMs), along with being Times Lawyer of the Week and Law Society Lawyer of the Month.
Commercial Disputes Experience
Hilary’s expertise in property litigation includes building disputes, landlord and tenant matters, applications relating to trusts of land, boundary and right of way disputes.
Property 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.
Contested Probate Experience
Hilary acts in a wide variety of contested probate matters, from applications to remove executors to the resistance of Inheritance (Provision for Family and Dependants) Act 1975 claims and in claims against estates.
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 Royal Bank of Scotland v. Etridge (AP) [2001] UKHL 44 (11 October 2001) (bailii.org)) 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 Krubert v Davis & Ors [1996] EWCA Civ 1346 (27 June 1996) (bailii.org))
- 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 since 1998 which continues to date
- 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