Howard Elgot

His most recently reported professional negligence cases are Walton v Pickerings 2022 1 WLR, Evans v Betesh Partnership 2022 RTR 1, Liddle v Atha and Co and Barton v Wright Hassall LLP, both reported in 2018 1WLR. In Barton v Wright Hassall LLP, Howard acted as leading counsel in the Supreme Court, leading Abigail Telford.

He continues to act in the British Coal VWF Professional Negligence Litigation. He has recently been appointed to act in national multi-party professional negligence litigation against solicitors who acted for purchasers in the new-build leasehold ground rent controversy https://www.gov.uk/government/news/crackdown-on-unfair-leasehold-practices–2

Howard has a wealth of experience in commercial, construction and professional negligence work and has appeared regularly in the higher courts including the Queen’s Bench and Chancery Divisions as well as the London Court of International Arbitration.

Howard has advised in various group litigation professional negligence claims relating to property development at home and overseas, particularly in Italy, Egypt and Turkey.

He acted successfully in a claim made by the Turkish sole distributors of Johnson and Johnson surgical products against Johnson and Johnson, a case in which he led Richard Copnall, also of Park Lane Plowden.

Howard is developing a habit of acting in commercial litigation involving Manchester United. He acted for the designer and the construction company that constructed the football pitches at their Carrington training ground and previously acted for the Vice-President of Manchester United in a dispute with a former director involving a substantial shareholding in the club.

Howard has acted in many mediations and appeared in the Court of Appeal in the leading group of cases on ADR, reported collectively as Halsey -v- Milton Keynes.

Howard has acted as both leading and junior counsel in many cases of national importance in the High Court, Court of Appeal, House of Lords and the Supreme Court. He has a large high profile clinical negligence practice, including many cerebral palsy and other obstetric claims, brain and spinal injury cases, and amputation cases.

He was counsel for the claimant in the cerebral palsy case of DS v North Lincs and Goole NHS Trust 2016 Med LR 339, and at the end of 2021 acted for the claimant in the case of HTR v Nottingham University Hospitals NHS Trust, another maximum severity obstetric claim that attracted considerable press and radio attention https://www.bbc.co.uk/news/uk-england-nottinghamshire-59507201

Other high profile clinical negligence cases include the claim of Gianluca Petrachi, an Italian footballer who played for Nottingham Forest, brought against an English surgeon, for what was in effect the loss of his playing career.

Although his clinical negligence practice is almost entirely on behalf of claimants. he was successful in the Court of Appeal in the important procedural case of Murrills v Berlanda, acting on behalf of an Italian doctor https://www.lawgazette.co.uk/legal-updates/civil-procedure-cpr-69/5040252.article

Howard has spoken nationally to AvMA on amputation claims and is a regular speaker at regional meetings of AvMA, on topics including consent to treatment, service of the claim form. He chaired the AvMA Seminar “Funding & Costs in the Brave New World” and spoke on changes to the discount rate at the Clinical Negligence Debate in Manchester. He has also spoken to the regional conference of the Brain Injury Rehabilitation Trust.

His recent reported cases include the Court of Appeal decision in Evans v Betesh Partnership 2022 RTR 1, a case on the vexed question as to whether it is necessary to reinstate a claim against the original tortfeasor where a claimant without capacity had settled the claim without a court approval.

Howard has acted in many high profile claims on behalf of claimants, insurers and the Motor Insurers’ Bureau. He was instructed in the Selby Rail Crash personal injury litigation on behalf of the insurers of Gary Hart and has acted in many other multi-party claims on behalf of claimants. He is one of the lead counsel in the British Coal VWF Professional Negligence claims.

Howard regularly appears in complex personal injury and clinical negligence claims, including brain injury and other catastrophic injury claims and industrial disease litigation, particularly stress-related claims. Howard appeared in the Court of Appeal in the leading stress at work case, Hatton v Sutherland.

Additionally Howard has a substantial professional negligence practice arising out of personal injury and clinical negligence claims.

Howard has twice spoken at the Personal Injury Bar Association national conference on the topic of mental capacity, having appeared in the Court of Appeal in the landmark case of Bailey v Warren. He has also spoken at the national AvMA conference on amputation claims, and has also spoken at a conference of the Brain Injury Rehabilitation Trust.

As well as having been short-listed nationally as Law Society Barrister of the Year, Howard has also been short-listed nationally as Personal Injury Barrister of the Year.