Clare has a busy practice across all Hailsham’s key practice areas and with particular focus on professional negligence and personal injury matters.
Clare has acted in a wide range of cases against surveyors, mortgage brokers, architects, property managers and letting agents. She has particular interest and expertise in claims against lawyers, arising from a broad spectrum of practice areas.
Clare enjoys appearing in court (whether in person, by telephone, or by video). She is frequently instructed to attend the County Court and High Court, both for interlocutory applications and for trial. Drawing on her busy court practice, Clare is also the lead author of ‘On Your Feet: A Practical Guide to Civil Advocacy’, an advocacy textbook published by Sweet & Maxwell in August 2019 in conjunction with the White Book.
Clare has a strong paper-based practice and is often instructed to advise and draft pleadings in a wide variety of matters. She prides herself on providing practical and straightforward advice. She is mindful that litigation can be very stressful for clients and has a friendly and approachable manner which puts them at ease, particularly before appearing in court. She is similarly conscious of the need to be as cost-effective as possible, and to provide value for money.
Clare is often instructed in claims against solicitors, surveyors, mortgage brokers, property managers, and architects. She has also acted in unusual claims involving education providers, prison services, and funeral directors. Clare’s experience covers the whole lifespan of a claim, from pre-action correspondence to trial. Clare has undertaken a secondment at a leading professional negligence firm where she advised on various issues on claims against financial professionals.
Clare acts for both claimants and defendants, which provides insight into both sides of a claim. She particularly enjoys solicitors’ negligence claims and has acted in cases involving failure to advise on Part 36 offers, missed limitation deadlines, and loss of a chance to pursue litigation. Clare had recent success in obtaining summary judgment in a complex multi-track claim, and defending a solicitors’ negligence claim where the Claimant discontinued following her cross-examination.
Clare’s recent experience in claims involving lawyers has included:
Clare frequently appears in court for personal injury matters and is currently junior to Dominic Nolan QC in a £multi-million claim arising out of a serious motorcycle accident. She has acted in claims involving inhalation of chemicals in the workplace, occupiers’ liability, and numerous road traffic accidents, including those involving low velocity impacts and issues of fundamental dishonesty. Clare’s background in clinical negligence lends itself well to dissecting medical reports and the assessment of quantum in personal injury cases.
Clare is very familiar with credit hire matters arising from road traffic accidents and is frequently instructed to defend such claims, with particular success in reducing or eliminating damages on grounds of need, impecuniosity, and period. Clare is well-versed in the relevant case law and can often find arguments on the evidence which might otherwise be missed.
Clare has a varied clinical negligence practice. She has been led by Jane Mishcon in a complex, multi-million-pound claim involving a leg amputation following a minor cosmetic procedure, and by Dominic Nolan QC in a high-value claim involving medication provided to a pregnant woman where that medication was contraindicated in pregnancy. She has drafted pleadings involving the failure to diagnose cancer, failed gastric band surgery, carpal tunnel injury, pectus deformities and chronic pain, to name a few.
Clare understands that, for claimants, an injury arising out of clinical negligence is a time of extreme vulnerability and stress. She similarly understands that, for medical professionals, accusations of negligence have a deeper impact than professional reputation alone and are often a significant source of worry and frustration. She brings a client-focused approach to her work in this regard.
Clare often acts in contractual disputes and appears in both the County Court and the High Court in this respect. She has been involved in high-value commercial disputes across a range of sectors and her cases have included entertainment venues, large sports clubs, and drinks manufacturers.
Lead author of On Your Feet: A Practical Guide to Civil Advocacy, published August 2019 by Sweet & Maxwell in conjunction with the White Book
ICO Data protection registration number: ZA275155.
Clare Elliott is a barrister regulated by the Bar Standards Board. Click here to view Clare Elliott’s Privacy Notice