ELLIOTT J. PHILLIPS
Associate
Telephone: +350 200 78363
E-mail : elliott.phillips@isolas.gi
Expertise
Elliott is principally a member of the commercial litigation department and frequently appears before the Gibraltar Supreme Court and Court of Appeal. His areas of practice also extend to judicial review claims against the decisions of public authorities and he appeared as a junior on behalf of the Financial Services Commissioner in the leading Court of Appeal case of Financial Services Commission –v- A Gibraltar Company concerning the powers of investigation of the FSC and its ability to pass on information to overseas regulators making requests for assistance.
In addition Elliott has significant experience in Coroners Inquests which have tested the boundaries of verdicts of neglect on the part of public authorities. More recently he represented a family in a inquest where for the first time in Gibraltar’s legal history a verdict of unlawful killing was recorded by the Coroner.
Elliott is also part of the employment law team where he has developed a niche employment law practice with particular emphasis on international cross border issues particularly in respect of the online-gaming industry including start ups.
Memberships
· Honourable Society of the Inner Temple
· The Gibraltar Bar Council
· The International Bar Association (Employment and Discrimination Committees)
· European Employment Lawyers Association (Member representing Gibraltar)
· Employment Lawyers Association
· Academy of European Law
Background
2002 Associate, Isola & Isola
2001 Called to the Bar of England and Wales and the Gibraltar Bar
Recent notable cases
• TGWU v Ministry of Defence and Secretary of State for Defence of the United Kingdom- where the Supreme Court of Gibraltar clarified the modern legal basis for asserting jurisdiction over the UK Government in Gibraltar.
• Inquest into the Death of Michael Celecia - judicial review of a verdict of unlawful killing by a jury in a Coroner’s Court.
• R v Gibraltar Broadcasting Corporation, ex parte Progressive Democratic Party - urgent judicial review of the decision by Gibraltar Broadcasting Corporation to exclude a leader of a political party from a leader’s debate on the eve of a general election.
• Secretary of State for Defence of the United Kingdom-v- McWilliams - question as to whether the Crown in right of the United Kingdom Government can be sued in Gibraltar in respect of actions in tort.
• R v The Stipendiary Magistrate for Gibraltar ex parte Klinkiewicz - question as to whether the obscene publication law in Gibraltar is wide enough to encompass electronic transmission of data.
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