Elliot is a senior associate in the commercial litigation team.
Elliot advises on a broad range of disputes involving individuals, charities, and businesses across a large number of sectors, including digital marketing, retail, property development and other legal professionals.
Elliot is recognised for his insightful, calm and methodical approach to resolving disputes.
Elliot joined Russell-Cooke as a trainee in 2007 and qualified as a solicitor in 2009.
Elliot has been instructed in a broad range of disputes, including the misappropriation of property, contractual and quasi-contractual claims, misrepresentation claims, loss of chance claims, loss of profit claims, contested debt claims, disputes relating to banking facilities and guarantees, mis-selling of interest rate hedging products, costs recovery, and mediation / alternative dispute resolution. Specific examples include:
- Acted in a substantial (£20 million) multi-jurisdictional claim for declaratory relief to set-aside a settlement on the basis of undue influence, being void for uncertainty and/or repudiatory breach by the other party.
- Acted in a case that involves multiple parties (including states) and is multi-jurisdictional. The dispute related to a contested asset with a value of £35 million and included issues arising from 'inheritor' states, state immunity, and the validity of settlements.
- Acted for a property investor in a claim arising from the purchase of a landmark £600 million property in central London. The property investor's former agents sought a £7.5 million commission for the introduction of the property, with a counterclaim by the our client for £48 million arising from the agent's breach of contract and negligence.
- Acted in a number of claims brought against a major bank in relation to the mis-selling of complex interest rate hedging products to commercial property developers for development of sites of a value of £70 million with a collective claim value of £5 million.
Professional negligence for individuals and businesses
Elliot has acted in a number of professional negligence claims, including claims against solicitors, independent financial advisers, accountants, surveyors, property managers, and architects. Specific examples include:
- Acted in a claim for £5 million brought by the corporate owner of a central London shopping centre in a claim against its professional property management team for mismanagement of the lease planning for the site.
- Acted in a claim for £1.2 million brought by a former professional footballer against his former IFA and accountant for negligent investment advice. The claim included a requirement for our client's former advisers to account for secret commissions and issues arising from the Third Parties (Rights Against Insurers) Act 2010.
- Acted in a claim for a client against their former matrimonial solicitors for £1.5 million arising from the former solicitor negligently advising the client about the extent of their interest in £20 million matrimonial assets, and drafting a consent application negligently resulting in a 'concluded' agreement where one had not been reached.
Elliot has acted in a number of commercial fraud and asset recovery matters, which have included worldwide freezing injunctions, recovery of dissipated assets, asset-tracing and recovery, bribery allegations and fraudulent documents. Specific examples include:
- Acted in a claim for £1.5 million against a former IFA who defrauded their clients of assets totalling £15 million. The case addressed complex issues relating to the scope and breach of fiduciary duties, deceit, the operation of constructive trusts and dishonest assistance.
- Acted in a claim brought against the former director of a strategic land company (incorporated with the purpose of entering into land options and/or promotion agreements). The claim against the former director was based on the contested interpretation of the terms of a shareholders agreement and allegations of improper payments. Those claims amounted to £5 million. Our client pursued a counterclaim of £7 million based on unlawful termination and compensation for the undervaluation of his shareholding in the company that had been subject to an enforced fixed price sale.
Elliot has acted in a number of disputes between company directors and/or shareholders, claims for breach of duty and unfair prejudice. Specific examples include:
- Acted in a dispute relating to the sale of a travel agency business addressing a number of complex issues relating to the interpretation, implementation and unravelling of various contractual terms relating to the sale.
- Acted in relation to a dispute with an AIM listed company relating to 'sweat equity' / share interest in the company. The claim addressed a complex intersection of contractual and restitutionary entitlement to compensation for services.
- Acted in relation to a dispute between directors / shareholders relating to the ultimate ownership of a shopping centre. The dispute included claims for breach of duty and unfair prejudice.
- BA History, York University
- LLM, The College of Law London