Elliot Kay

Elliot acts for Claimants and Defendants across the full range of serious injury litigation. In particular, Elliot has experience in road traffic claims, as well as claims involving employers’ liability, occupiers’ liability and public liability.

Elliot is regularly instructed for liability trials and hearings on quantum and appears at CCMCs, interlocutory hearings, mediations and joint settlement meetings. Elliot is a member of the Attorney General's C Panel of Junior Counsel and acts for a number of government departments.

Elliot deals with increasingly complex multi-track cases from the initial advisory stage right through to trial. In addition to his advocacy work, Elliot maintains a busy paper practice. He frequently advises on both liability and quantum in addition to drafting pleadings and statements of case.

Recent Cases Include:

Balal v MOJ- A three day trial successfully defending the Ministry of Justice against claims of assault, misfeasance in public office and malicious prosecution;

Moore v Bashir and Baskaran- Advising on both liability and quantum in a case involving a fire at mixed use premises which resulted in significant respiratory issues following smoke inhalation.  Elliot went on to successfully represent the Claimant at trial.

R v R- Representing a Claimant who sustained multiple significant injuries having been knocked off his bicycle by a motor vehicle driven by the Defendant.

Mallinson v Garside- Advising on quantum following a road traffic collision which caused the Claimant a significant head injury and bilateral high sensorineural hearing loss. 

Atack v McHugh- Advising on quantum following road traffic collision where the Claimant suffered a fractured skull, personality changes and an increased risk of developing epilepsy.

Lackenbv v Serco- Preparing pleadings and advising at length on liability and quantum in a substantial claim arising out of a vicious attack on a vulnerable prisoner whilst detained at HMP Lowdham Grange;

BD v AS- Preparing pleadings and advising on quantum following an assault on a teacher at a specialist learning resource centre at an independent school which resulted in compartment syndrome.

Since being appointed Junior Counsel to the Crown in 2018, Elliot has been instructed to represent government bodies and other interested parties at a number of inquests concerned with the deaths of individuals owed a duty of care by the state.