“… a brilliant lawyer… highly academic… first counsel of choice for complex matters across a range of police work”
Chambers & Partners 2021
Police discipline and misconduct:
Elliot is widely recognised as pre-eminent lawyer in police misconduct law and is a contributing editor of the forthcoming edition of “Police Misconduct, Complaints, and Public Regulation” (Oxford). He is an experienced advocate in both police misconduct hearings, Police Appeals Tribunal cases and judicial review applications, acting for officers, the Independent Office of Police Complaints and chief constables.
Together with James Berry, Elliot has advised the IOPC on the forthcoming Police (Conduct) Regulations 2020 and accompanying statutory guidance. They jointly submitted to the Home Office suggested amendments and additions. Elliot has advised the Metropolitan Police on the entirety of its complaints and conduct process and was invited to advise its steering group on forthcoming changes in policy and procedure and provided training on the police conduct regime and equality law to the IOPC, police forces and legally qualified chairs of misconduct hearings.
Elliot’s substantial experience of discrimination and employment law results in his frequent instruction in cases involving harassment whether on grounds of race, sex, sexual orientation or disability. He often settles appropriate questions to medical experts, advises on reasonable adjustments and is able to address the overlapping issues between misconduct hearings and employment tribunal claims. He advised the Metropolitan Police in the substantial independent review of its police and grievance disciplinary procedures conducted by Professor Roy Lewis, arising out of a discrimination claim.
GENERAL POLICE MATTERS:
Elliot has been instructed in cases involving police pension entitlement, police injury awards, personal injury claims by officers against their constabulary, data protection, freedom of information and all matters concerning Police and Crime Commissioners.
Civil actions in the County Court and High Court:
Elliot has defended numerous civil claims involving unlawful arrest / detention / assault, misfeasance and malicious prosecution. He has further acted and advised in very sensitive claims involving confidential human intelligence sources, informants and claims of breach of articles 2, 3 and 4 in respect of alleged failures of police officers to comply with their positive or investigative obligations.
Elliot has acted in a number of hearings relating to the lawfulness of police searches, seizures and warrants and their related High Court and/or County Court substantive actions for damages. Other work has included the lawfulness, accuracy and damages claims surrounding enhanced criminal record disclosures and Data Protection Act claims.
Elliot has particular experience in cases involving police powers and mental capacity. He has advised the College of Policing on police powers in hospitals, as part of general advice for all forces.
Elliot has acted in all manner of inquests. He has experience of representing the prison service, police constabularies and medical professionals both in article 2 and in standard inquests. He was part of the legal team defending the match commanders in the Hillsborough inquest.
Elliot is ranked as a leading junior by both The Legal 500 and Chambers & Partners for police law and professional discipline and regulatory.
Chambers & Partners note that Elliot is “a brilliant lawyer who is fantastic on the detail and the overall merits of the case”, “highly academic but more than capable of providing hard-edged advice to senior officers” and “first counsel of choice for complex matters across a range of police work”, while the Legal 500 praises him as having “an encyclopaedic grasp of the law.”