Elaine is an expert in commercial and insurance litigation. She is highly experienced in managing high-value product liability claims on behalf of insurer and corporate clients. Elaine advises on multi-jurisdictional disputes. She is skilled in managing commercial risk, reputational implications and finding resolutions.
Elaine also advises on a range of other disputes including insurance, construction, contract, subrogated recoveries, jurisdiction, property damage, occupier’s liability, nuisance claims and defending County Court Equality Act claims.
Where a client wishes to avoid the costs and risks associated with court proceedings, Elaine is experienced in methods of Alternative Dispute Resolution.
Expertise
- Product liability
- Property damage disputes
- Contract disputes
- Construction disputes
- Commercial insurance disputes
- Jurisdiction disputes
- Subrogated recoveries
- Occupier’s liability disputes
- Nuisance claims
- County Court Equality Act claims
- Mediation & ADR
Experience
Commercial Litigation
- Advised a Fortune Global 500 multinational conglomerate on a construction dispute relating to asbestos removal, a Privy Council matter involving their hotels group and managing litigation relating to their properties.
- Acting for an international waste management company on product liability, commercial litigation matters and managing personal injury claims on their behalf.
- Developed the relationship with and managed all product liability claims for a FTSE 100 major plumbing, heating, and construction industrial supplies PLC.
- Acted for one of the UK’s leading home and general merchandise retailers in property damage-related multi-party product liability claims and recoveries.
- Successfully facilitated recoveries from a Chinese manufacturer and their insurers on behalf of a large builder’s merchant following property damage to new-build houses caused by defective stopcocks.
- Successfully obtained an injunction to evict tree protestors on behalf of a county council in a high-profile case that attracted national media coverage.
Insurance litigation
- Acted for a global loss adjusting company and a multinational insurer advising on a range of claims including policy coverage, product liability, property damage and subrogated recoveries.
- Successfully obtained a discontinuance on a product liability claim involving allegedly defective bicycle brakes on behalf of a UK retailer and its Taiwanese supplier / insurers.
- Acted for a multinational insurer in assessing and managing their legal expenses policy claims.
- Acted for various sports clubs and their insurers in defending County Court Equality Act claims.
- Successfully defended a laboratory equipment supplier in a contribution claim following the electrocution of a laboratory worker and obtaining permission to serve out of the jurisdiction against the US manufacturer.
- Defended a £2m product liability claim on behalf of a fertiliser mixing company following loss of crops from 20 farms in the UK due to boron toxicity in compost.
- Acted for an agricultural gate manufacturer/servicing company and its insurer following the electrocution and death of a prized dairy cow on a farm.
- Acted for a golf club in bringing a claim following damage to its course caused by an escape of animals from a neighbouring farm.
Please note: The experience list above may include examples of work completed prior to joining Keystone Law.
Recognition
Recognised by The Legal 500 for Commercial Litigation: Mid-Market (2021-2024)
Recognised by The Legal 500 for Product Liability: Defendant (2022-2024)
Recognised by The Legal 500 for Insurance and Reinsurance Litigation (2022-2024)
“Elaine Chan has deep and long experience in relation to product liability litigation – a notoriously complex area of law which can have a significant international dimension. Elaine deploys all the skills at her disposal – including ADR to resolve disputes quickly and at reasonable cost. Elaine brings to her practice niche understanding of the Chinese markets and challenges in dispute resolution with a Chinese ingredient.” The Legal 500 2024
“Elaine is very switched onto her clients and bottoms all problems tenaciously and quickly.” The Legal 500 2024
“Elaine Chan is very well-organised and tenacious. She also uses technology expertly to deal with matters quickly and efficiently.” The Legal 500 2024
“Elaine Chan is a very senior, effective solicitor with deep expertise.” The Legal 500 2024
“Elaine Chan is a leading expert on insurance litigation, including in relation to product liability and also including the niche area of asbestos.” The Legal 500 2024
“Elaine Chan is always available and very responsive. She is reassuring and very easy to deal with.” The Legal 500 2024
CEDR Accredited Mediator
“Elaine Chan has in-depth knowledge of the challenges of the Chinese legal market and unique litigation problems, particularly in relation to product liability. She deploys mediation involving complex China-based opponents with success.” The Legal 500 2023
“Elaine Chan is a particular expert in product liability and also Chinese litigation which is particularly challenging because of China’s unique jurisdiction challenges.” The Legal 500 2023
“Elaine Chan is a highly skilled, efficient and personable lawyer.” The Legal 500 2022
“Elaine Chan has always provided legal support and expertise to the right depth and level required for the particular case, enabling the matter to be resolved with a very satisfactory outcome.” The Legal 500 2022
“Elaine Chan is an excellent solicitor and somebody who clearly has an abundance of knowledge and capability when it comes to both providing advice and dealing with insurance matters. Elaine’s down to earth persona makes working with her very easy and enjoyable.” The Legal 500 2021
“Elaine Chan is an expert on insurance issues, including in the international context. Her work with Chinese colleagues has meant that she has expertly deployed mediation to resolve disputes. She has enhanced her own skills by training as a mediator.” The Legal 500 2021
Career
Elaine qualified as a solicitor in 2003. Prior to joining Keystone Law in 2020, she worked at the following firms:
- Ward Hadaway
- BLM