Elliott is an Associate in the Dispute Resolution team.
Elliott has experience acting for a broad range of SME company clients and private individuals alike, both pre-action and post-issue. This includes having worked with building contractors and other suppliers of goods and services in connection with the non-payment of invoices, as well as advising commercial landlords in connection with termination and renewal rights. He also has experience pursuing residential possession claims on behalf of private landlords.
Much of the work he deals with is contract based. He has a live understanding of the commercial distraction and risks that litigation brings, and advocates adopting a commercial approach to resolving disputes, including participating in Negotiated Dispute Resolution where possible.
Recent examples of how Elliott has supported clients include:
- Recovering from the purchaser of a property a substantial (five figure) sum in relation to VAT payable on the sale price following a failed transfer of a business as a going concern (TOGC), arising from a business sale agreement.
- Advising Trustees of a Retirement Benefit Scheme in relation to their expressly reserved forfeiture rights under a commercial lease, including in connection with the issue of waiver, leading to the lease subsequently being forfeited by way of peaceable re-entry.
- Successfully obtaining and subsequently enforcing on behalf of Executors of an Estate an ‘unless order’ against litigants in person. The case concerned possession of a family property and saw principles stated in Barton v Wright Hassall LLP [2018] UKSC 12, requiring litigants in person to familiarise themselves with the rules which apply to civil claims, being applied.