Nicholas Elliott QC Call 1972; QC 1995; LLB (Bristol) E-mail: nelliott@3vb.com

Practice

• Tayeb v HSBC [2005] 1 AER 1024, (banks duties and obligations in respect of CHAPS payments).
  
  
• Thomas Cook (NZ) Ltd v Commissioners for Inland Revenue [2004] PC 11 of 2004, (advising in connection with the requirements to present "stale cheques" for payment).
  
  
• Barclays Bank v. Coleman [2000] 1 AER 385 CA (undue influence).
  
  
• County Natwest v Barton [1999] Lloyds Rep Banking 408 CA (Setting aside a guarantee on grounds of fraudulent misrepresentation).
  
  
• IMS v Natinal Bank of Fujairah [1998] (Entitlement of bank to refuse drawdown on a loan facility due to non-compliance with conditions precedent).
  
  
• Emirates Bank v. Abbas [1998] Lloyds Rep Banking 250. (Issue of whether there should be a stay under Article 21 or 22 of the Brussels Convention).
  
  
• Brown v. Raphael Zorn [1996] 2 FCR 107, (undue influence).
  
  
• BCCI v Malik (1996) CA - (Entitlement of bank in liquidation to charge contractual interest).
  
  
• Bankers Trust v. Shapiro [1980] 1 WLR 1274, (power of court to order a bank to disclose details of customer's account in aid of Mareva relief).
  
  
• In the Matter of Bank of Ireland (IOM) Ltd - (Advising Isle of Man bank as to duties of confidentiality over customers' accounts).
  
  
• Advising UK bank as to the legal enforceability of overdraft and other charges.

• Bowman v Fels [2005] 4 AER 609 (acting on behalf of the Law Society in the Court of Appeal).
  
  
• Tayeb v HSBC [2005] 1 AER 1024, (acting on behalf of the claimant in a case concerning the banks duties and obligations in respect of CHAPS payments, where money laundering/fraud is suspected).
  
  
• P v P [2004] Family 1, (acting on behalf of the Law Society).
  

Joint author of Butterworths Compliance Series - "Money Laundering".

Professional Negligence

Acting for and advising various professional in connection with negligence claims and professional duties:

• Bowman v Fels [2005] 4 AER 609 (acting on behalf of the Law Society in the Court of Appeal in respect of solicitors duties to report under the Proceeds of Crime Act).

• P v P [2004] Family 1, (acting on behalf of the Law Society in respect of solicitors duties on tipping off under the Proceeds of Crime Act).
  
  
• Qayoumi v Southalls [2004] (Solicitors negligence).
  
  
• Jarvis v Castle Wharf Development [2001] EWCA Civ 19 (Architects negligence).
  
  
• Carter v Gamlens [2000] EWCA 137 (Solicitors negligence).
  
  
• Equitable Life v EGP (1995) (Structural engineer's negligence).
  
  
• Laws v Cunningham John [1993] E.G.C.S 126 (Duties of a solicitor to client).

• County Natwest v Barton [1999] Lloyd's Rep. Banking (Fraudulent misrepresentation in obtaining guarantee).
  
  
• Henkel v Agma - LTL 11.4.00 (Fraud claim arising from sale of a business).
  
  
• Defending a claim for fraudulent misrepresenttion claim arising from sale of a mobile telephone parts business.
  
  
• MacDonald v Polaine - LTL 14.2.00 (Fraud/conspiracy claim arising from sale of a business).
  
  
• Defending a claim by the European Bank for Reconstruction and Development for fraudulent misrepresention in obtaining multimillion loan.
  
  
• Defending a claim for bribery/fraud in relation to the sale of freehold/grant of a lease.

Publications

• Butterworths Compliance Series: "Money Laundering" (2003) with Toby Graham and Evan Bell.
  
• Byles on Bills of Exchange and Cheques (27th edition, 2001). Editors: Nicholas Elliott QC, John Odgers and Jonathan Mark Phillips.
  
• Joint editor of Banking Litigation ( 2nd ed. 2006 edited by Warne and Elliott).