Profile description
Independent guides refer to Howard as a “well-prepared, fearsome cross-examiner and negotiator", a "marvellously innovative thinker", who is “admired for his client-friendly demeanour and sympathetic attitude." He has often acted as leading counsel in the High Court and the Court of Appeal.
Howard is a keen cricketer and a long-suffering supporter of Leeds United.
Specialist Practice Areas
Direct Access Commercial Law
He has a wealth of experience in commercial, construction and professional negligence work and has appeared regularly in the higher courts including the Queens’ Bench and Chancery Divisions as well as the London Court of International Arbitration.
Notable Instructions
Howard is currently advising in various group litigation professional negligence claims relating to high profile property development at home and overseas, particularly Italy and Turkey.
He recently acted successfully in a claim made by the Turkish sole distributors of Johnson and Johnson surgical products against Johnson and Johnson, in which he led Richard Copnall, also of Park Lane Plowden.
Howard is developing a habit of acting in commercial litigation relating to Manchester United. He has recently acted against the club for the designer and the construction company who designed and constructed the football pitches at their Carrington training ground. In the past he 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.
RECOMMENDATIONS
Chambers and Partners Guide 2011
...is a "Well-prepared, fearsome cross-examiner and negotiator".
Chambers and Partners 2009
Howard Elgot is "...a marvellously innovative thinker."
Chambers and Partners 2008
"a solid, safe pair of hands" who is "admired for his client-friendly demeanour and sympathetic attitude."
The Legal 500, 2007
...one of the leading juniors on the North Eastern Circuit...
REPORTED CASES
Halsey -v- Milton Keynes [2004] 1 WLR 3002 The leading case on the effect of a refusal of mediation.
Roebuck -v- Mungovin [1994] 2 A.C. 224 Strike out for want of prosecution.
ARTICLES/PUBLICATIONS
Disappointed Beneficiaries - Professional Negligence Claims.
Recommendations
Chambers and Partners 2017 - Clinical Negligence
Assists with long-running and typically high-value claims on behalf of claimants and defendants. Has recent experience in child brain injury and failed orthopaedic surgery cases.
Strengths: "He is excellent at dealing with liability in difficult clinical negligence claims. He has a thorough knowledge of both medicine and the law." "He is a safe pair of hands and is reliable and academic."
Recent work: Represented the Claimant in Carrick v NHS Commissioning Board. The Claim related to negligence after the claimant suffered a stroke in prison.
Legal 500 2016 (Personal Injury and Clinical Negligence)
"He has a sharp mind- few can match his intellect in the region."
Chambers & Partners 2016 (Clinical Negligence)
"Acts for claimants and defendants in maximum severity cases, including cerebral palsy and catastrophic brain injury claims."
Strengths: "He is an extremely thorough individual who focuses on the main issues in a particular case." "The work that you send him is always returned promptly and he is happy to engage at any time by telephone."
Chambers & Partners 2016 (Personal Injury)
"Represents claimants and defendants in personal injury cases of the utmost severity involving brain, spinal and orthopaedic injuries. Noted by market observers for his strength in cases involving fatal accidents."
Strengths: "He is one of the strongest players." "He has the courage of his convictions."
Chambers & Partners 2015
"Well versed in catastrophic injury and clinical negligence litigation. Commentators praise him highly for his strong technical skills and knowledge in industrial disease cases, including asbestos and respiratory."
Expertise: “He is very capable and a tenacious advocate.” “He has a sharp mind and is one of the best counsels in the region, even a match for a QC.”
Recent work: He acted in the fatal incident claim Chapman and Gibbs v Bradley, which involved dependency claims as well.
Chambers & Partners 2014
"Frequently handles extremely high-value complex catastrophic work, with particular expertise in industrial disease litigation and brain injury cases relating to infants."
Expertise: "He is extremely thorough and very good with clients."
Recent work: He acted for the claimants in a group action against British Coal by coal miners who suffered VWF as a result of using vibratory tools.
Chambers & Partners 2013
"Howard Elgot acts for both defendants and claimants on a broad range of personal injury matters. He handles catastrophic brain and spinal injury cases, as well as disease litigation. His recent matters include the British Coal Vibration White Finger Litigation."
Chambers & Partners 2012
"Howard Elgot tackles catastrophic brain and spinal injuries, workplace stress and disease litigation."
Chambers & Partners 2011
"Well-prepared, fearsome cross-examiner and negotiator" who is well known for his handling of catastophic injury, industrial disease and stress claims.
The Legal 500 2010
"Howard Elgot is an excellent choice for fatal accident actions."
Chambers and Partners 2010
The "cerebral" Howard Elgot is another well-known figure on the circuit. His great forte is his "expert handling of fatal claims, which few can better."
Chambers & Partners 2009
Howard Elgot shines in fatality claims thanks to being "a marvellously innovative thinker."
Chambers & Partners 2008
"a solid, safe pair of hands" who is "admired for his client-friendly demeanour and sympathetic attitude."
The Legal 500 2007
"one of the leading juniors on the North Eastern Circuit in the field of personal injury and clinical negligence work."
Recently Concluded Cases
Howard Elgot has successfully obtained compensation for a professional footballer whose career was ruined by a foul tackle during a game. Former Colchester United centre forward Jamie Guy suffered a complex double leg fracture after being fouled by the Eastleigh Town goalkeeper. International referee Dermot Gallagher and football agent Dan Chapman acted for Jamie Guy as expert witnesses. Mellor Hargreaves were the instructing solicitors
Reported Cases
Marshall v Hull & East Yorkshire Hospitals NHS Trust - [2015] All ER (D) 76 (Feb) - Do the causation rules expounded in the well-known cases of Chester v. Afshar and Wright v. Cambridge Medical Group apply in all cases of clinical negligence?
Murrills v. Dr Berlanda [2014] EWCA Civ 6 - Appropriate place of service of claim form on an Italian doctor. Residence or place of business?
Power v. Meloy Whittle Robinson [2014] EWCA Civ 898 - Use of CPR 6.15(2) to validate invalid service of claim form in the British Coal VWF Professional Negligence Litigation. The first judgment of the Court of Appeal in a domestic case on this new provision.
Swift v Dr Edbrooke. Clinical Risk, 2013 - Ectopic pregnancy claim against GP. The negligent GP and her senior partner were described by trial judge as the least satisfactory medical witnesses he had ever come across.
Bryce v Newcastle upon Tyne Hospitals NHS Trust. Clinical Risk 2012 – Failure to diagnose cauda equina syndrome
Middleton v Thompson [2012] EWCA Civ 231 - The court's approach to psychiatric evidence - somatoform disorder.
Lovell v Leeds City Council [2009] EWHC 1145 (QB) - Allegation of negligent design and siting of new roundabout causing catastrophic injury.
Lough v Intruder Detection and Fulton [2008] EWCA Civ 1099 - Occupiers' Liability claim. Apportionment of liability between residential occupier and employer.
Bailey -v- Warren [2006] EWCA Civ 51 ; The Times, 20 February 2006: [2005] PIQR P15 - The leading case on the court's discretion to ex post facto validate an agreement with a claimant lacking litigation capacity.
Halsey -v- Milton Keynes NHS Trust [2004] 1 WLR 3002 - The leading case on the effect of a refusal to mediate.
Beck -v- Ministry of Defence [2004] PIQR P1 - When will the Court permit change of an expert witness?
Hatton -v- Sutherland [2002] 2 All ER1 - Stress at work - the leading case.
D & D -v- Donald [2001] PIQR Q5 - Impact of marital infidelity on the multiplier in a fatal accident claim.
Burke v Leeds Health Authority [2001] All ER (D) 209 (Jan) – Parental consent to treatment.
Cullen v Harman and MIB, Court of Appeal 18th Feb 2000 – MIB liability
Hurd v Stirling Group Plc, Court of Appeal 26th May 1999 - reg.18(1) Workplace (Health, Safety and Welfare) Regulations 1992.
Clarke -v- Kato [1998] 1 W.L.R. 1647 (H.L.) - When is a car park is a "road" for the purposes of Road Traffic Act liability?
Dickson v. Barrington Black, Austin, Court of Appeal 13th May 1997 – Solicitors’ negligence.
Liddell -v- Middleton [1996] P.I.Q.R. P36 - Admissibility of expert evidence in motor claims.
Hill -v- Bruce [1995] P.I.Q.R. P300 - Causation of damage - contributory negligence.
Roebuck -v- Mungovin [1994] 2 A.C. 224 - Strike out for want of prosecution.
Dale -v- British Coal [1992] 1 W.L.R. 96 Limitation Act - whether leave to appeal required
