Barrister

Elliot Kay

Year of call 2013

CC&P

Practice Summary

Elliot accepts instructions in all aspects of commercial, chancery and property work. In particular Elliot has experience of contractual disputes, contentious probate matters , construction disputes  and shareholder disputes.

Elliot is regularly involved in credit hire litigation, for both Claimants and Defendants, and frequently appears in both fast track and multi track trials.

Elliot is available to be instructed in the following areas:

  • Contractual disputes;
  • Sale of Goods;
  • Credit Hire;
  • Contentious Probate;
  • TOLATA;
  • Construction disputes;
  • and Shareholder disputes.

As pupil to Elizabeth Darlington, Elliot gained considerable experience of TOLATA claims and claims brought under the Inheritance Act 1975. Elliot is also an affiliate member of STEP (Society of Trusts and Estates Practitioners) and regularly advises on contentious probate claims. Elliot is also an Accredited Mediator and accepts appointments in the above areas.

In his free time Elliot is a keen sportsman and can often be found playing one sport or another. For reasons best known to him, Elliot continues to find the enthusiasm to follow  the fortunes of Leeds United.

NOTABLE CASES

Plantation Developments Limted v Faye Parker Restoration Limited (Leeds District Registry, HHJ Raeside QC sitting as a High Court Judge)
Elliot appeared at a two day trial before HHJ Raeside QC in a complex construction dispute which involved issues of causation and a considerable amount of expert evidence.

Room Room Limited v Keyes and Keyes (Leeds District Registry, HHJ Raeside QC sitting as a High Court Judge)
Appeared at trial relating to a substantial residential building project.

Re Chambers Barratt (Royal Courts of Justice, Master Henderson)
Application to remove an executor for misfeasance.

Re Abram (Manchester District Registry)
Application for the substitution of an executor for failing to deal with the estate.

Walker v Sheppard (Leeds District Registry, HHJ Kaye QC)
Application for an injunction following allegations of a fraudulent will and an invalid appointment as an executor.

Forestry and Countryside Environmental Services v SSE (Mediation)
Elliot represented a sub-contractor involved in litigation arising out of the multi-million pound development of a new hangar at RAF Brize Norton. The case involved complex issues of fact and law and ultimately settled at mediation on favourable terms.

Citation Limited v Autotrak (Mediation)
Elliot represented a leading film set production company in an acrimonious dispute with its HR advisors involving allegations and cross- allegations of breach of contract. The case settled at mediation prior to trial.

Cole and Cole v Mortimer (Mediation)
Elliot represented the vendors of a property following the subsequent discovery of Japanese knotweed. Elliot secured a settlement at mediation on favourable terms.