Katharine Elliot

Call: 2016

Katharine Elliot is a leading junior barrister in public law.

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Public and Administrative

Local Government

Cross-practice

Practice Summary

Katharine is regularly instructed in complex discrimination, health and social care, education, immigration and Court of Protection cases, frequently appearing unled in the High Court, Upper Tribunal and Court of Appeal.

She advises and represents individuals, deputies and attorneys, local authorities, government departments and other public bodies across the full spectrum of public law. Her practice includes discrimination, Court of Protection, education, health and social care, mental health, immigration, social security, inquests and inquiry work.

Through her extensive experience acting for both public authorities and claimants, Katharine has an in-depth understanding of strategic public law litigation which she deploys to her clients’ advantage.

She was appointed to the Attorney General’s B Panel in 2025, following four years on the C Panel, and is regularly instructed by both the Government Legal Department and HMRC in complex and high value public law litigation.

In addition to her court and advice work, Katharine accepts instructions as an independent investigating officer and reviewer. Katharine also accepts public access instructions where appropriate.

Recent practice highlights include:

Public / Administrative / Human Rights Law

R (BHS) v Secretary of State for the Home Department (AC-2025-LON-002273): Katharine represents the claimant in a judicial review challenge to the Home Office’s refusal to permit re-entry to bespoke accommodation for victims of human trafficking. The hearing is listed for October 2026.
Chinese embassy litigation: Katharine represented the Home Office and the Foreign and Commonwealth Development Office in a judicial review challenge to decisions around the development of a new Chinese embassy in Central London, successfully resisting an application by the Claimant for Aarhus Convention costs protection ([2026] EWHC 904 (Admin)).
Epping Forest asylum accommodation litigation: Katharine was junior counsel to the Home Office in this high-profile litigation concerning an application for an injunction by Epping Forest DC to prevent use of the Bell Hotel in Epping for asylum accommodation. Led by Edward Brown KC, Katharine successfully defended the interim injunction application in the Court of Appeal ([2025] EWCA Civ 1134). Alongside James Strachan KC, she successfully defended the substantive injunction application in the High Court ([2025] EWHC 2937 (KB)) and Court of Appeal ([2026] EWCA Civ 264).
R (ARC & Ors) v Secretary of State for Housing, Communities and Local Government [2025] EWHC 2751 (Admin): Led by Sir James Eadie KC and Richard Moules KC, Katharine acted for the successful Secretary of State in challenges to the reforms to leasehold enfranchisement and lease extensions proposed in the Leasehold and Freehold Reform Act 2024, which included Article 14 and Article 1 Protocol 1 discrimination grounds advanced by charities with portfolios of long leasehold properties.
HMRC v Arbab [2024] EWCA Civ 16: Led by Julia Smyth KC, Katharine represented the HMRC in this Court of Appeal case where the CoA held that HMRC did not have the power to introduce a mandatory review system for tax credits decisions despite the broad terms of the enabling legislation relied on (which fell into the category of so-called ‘Henry VIII’ powers).
R (HSPC Ltd) v Secretary of State for Education [2022] EWHC 3159 (Admin): Led by Jonathan Auburn KC, Katharine acted for the successful Secretary of State in judicial review proceedings challenging the decision to transfer a prestigious London school to a multi-academy trust following an inadequate Ofsted rating on the grounds that the consultation process had been inadequate.

Court of Protection / Community Care

R (CGT) v West Sussex CC [2026] EWHC 293 (Admin): Katharine acted for the successful claimant in a judicial review challenge to a decision that he was not eligible for social care funding under the Care Act 2014 because of the value of his personal injury trust.
Public Guardian v RI [2022] EWCOP 22: Katharine acted for the Public Guardian in this case, the first occasion on which the High Court considered and provided guidance on the legal test for capacity to execute a lasting power of attorney.
Kent County Council v P & Anor [2022] EWCOP 3: Katharine acted for the local authority in a determination by the Court of Protection that previously private health and welfare proceedings should be opened to the public despite ongoing police investigations into the neglect and abuse of P. Katharine continues to act as sole counsel for the local authority in this ongoing High Court case, dealing with complex issues of residence, care and support, contact and medical treatment.

Immigration

Randhawa v Secretary of State for the Home Department (CA-2025-000904): Led by Julia Smyth KC, Katharine acts for the Secretary of State in this case challenging a refusal to grant the appellant’s application to the EU Settlement Scheme on the basis that he does not fall within scope of the EU-UK Withdrawal Agreement. The appeal is due to be heard in July 2026.
MR (Pakistan) v Secretary of State for the Home Department [2026] EWCA Civ 473: Appearing as sole counsel for the successful Secretary of State in this case, in which the Court of Appeal considered the application of the Supreme Court’s decision in Griffiths v TUI (UK) Ltd [2025] UKSC 48 to cross-examination practice in second asylum appeals in the tribunal.
R (Lin) v Secretary of State for the Home Department [2026] EWHC 457 (Admin): Katharine acted as sole counsel for the successful Secretary of State defending an Article 8 and 14 judicial review challenge to a decision not to accept an application to the EU Settlement Scheme which was made out of time.
OM v Secretary of State for the Home Department [2025] EWCA Civ 1585: Katharine acted as sole counsel for the successful Secretary of State in this case, in which the Court of Appeal provided clarification on how immigration decision-makers should assess contrived sur place political activity in Iranian asylum claims.
SA v Secretary of State for the Home Department [2025] EWCA Civ 357: Katharine acted as sole counsel for the successful Secretary of State in this case, in which the Court of Appeal held that when considering revocation of refugee or humanitarian protection status courts and tribunals may only consider whether the UK’s international protection law obligations have been breached with reference to the facts claimed by the appellant in the original application which led to their grant of status.

Publications and Speaking

Katharine regularly speaks at regional and national law conferences across her areas of practice. She also contributes to expert legal journals, including Judicial Review. She is a contributor to NHS Law and Practice (LAG) and to Chambers’ new practitioner text Human Rights Law & Practice (Lexis Nexis) published in Autumn 2025.

Pro Bono and Diversity

A strong believer in promoting both access to justice and diversity at the Bar, Katharine accepts pro bono instructions through Advocate and champions access to legal work experience for students from disadvantaged backgrounds, including through ‘Inspire the Future’ (an initiative run by the Education and Employers charity).

Personal

Beyond the Bar, Katharine sings as a soprano at St Michael’s, Highgate and with the High Holborn Chamber Choir. She previously sang with the London Symphony Chorus, including as a soloist on the choir’s international tours and in the Bradley Cooper film Maestro. She is a keen rugby union fan and played for Haringey Rhinos RFC until she retired from the sport in 2019.

A keen linguist, Katharine speaks Italian and French and has studied German, Russian and Mandarin.

Public and Administrative

Katharine accepts instructions in all areas of public law, including judicial review. She advises and represents individuals, local authorities, government departments and other public bodies across a wide range of sectors including education, health and social care (including funding issues), mental health, immigration, tax and election law. As an advocate, she has appeared as both sole and junior counsel in the County Court, High Court, First-tier and Upper Tribunals and Coroners’ courts.

She was appointed to the Attorney General’s B Panel in 2025, following four years on the C Panel. Prior to and since that appointment, she has been instructed by both the GLD and HMRC to assist in the conduct of complex, high value litigation alongside leading counsel. This has included claims under Article 1 Protocol 1, claims for Frankovich damages arising out of judicial review proceedings and high value tax litigation dealing with complex offshore asset holding structures.

Practice highlights include:

Abdullah (UI-2022-006321, U1-2022-006322), Szuba (UI-2023-000505) & Rudokas (UI-2023-001538): Katharine, led by Julia Smyth, is instructed on behalf of the Home Office in these conjoined appeals dealing with the law applicable post-Brexit to decisions around grants of leave under the EU Settlement Scheme and human rights applications for EU citizens convicted of criminal offences in the UK.
Ritblat & Ors v HMRC (BL-2021-000675) & HMRC v Ernst & Young LLP (BL-2022-001186): Katharine, led by Jonathan Davey KC and Michael Jones KC, is instructed on behalf of HMRC in these conjoined High Court proceedings dealing with whether or not HMRC entered into a settlement agreement with the trustee of an Employee Benefit Trust on the basis of misrepresentations/misstatements.
Acting as sole counsel representing the Ministry of Justice in a multi-day inquest into the death of a prisoner from COVID-19, including consideration of the steps taken to protect prisoners from contracting the virus.
R (HSPC Ltd) v Secretary of State for Education [2022] EWHC 3159 (Admin): Judicial review proceedings challenge the Secretary of State’s decision to transfer Holland Park School to the United Learning multi-academy trust following an inadequate Ofsted rating on the grounds that the consultation process had been inadequate. Katharine acted as junior counsel, led by Jonathan Auburn KC, for the successful respondent.
Mustafeyev v Secretary of State for the Home Department (JR-2022-MAN-000074; JR-2022-MAN-000075): Judicial review challenges dealing with eligibility for bespoke immigration schemes established in response to the war in Ukraine. Katharine acted as junior counsel for the respondent, led by Julia Smyth.
Breen v HMRC [2022] UKFTT 00155 (TC): A case in which the taxpayer alleged that he should not be subject to tax penalties because HMRC’s investigation had left him with a debilitating fear of making a mistake on his tax return. Katharine acted as sole counsel for the successful respondent.
Assisting David Lock KC in advising on the split of s.117 Mental Health Act 1983 after-care funding between the relevant local authority and health body, specifically how the accommodation aspect of the care package fell to be funded.
Vachha v Hamilton [2020] EWHC 3728 (Ch): An application for multiple injunctions aimed at controlling the internal workings of the United Kingdom Independence Party, and for the expedited trial of a dispute over who held various party offices. Katharine acted as junior counsel, led by Timothy Straker KC, for the successful respondents.

Katharine also has extensive experience in private and public inquiry work, including acting as junior counsel to the Dame Linda Dobbs Review commissioned by Lloyds Banking Group.

Katharine has been a contributor to the Association of Electoral Administrators ‘Arena’ magazine, writing on issues such as election fraud and voter disability discrimination. She spoke on election law and litigating elections at the ALBA Summer Conference 2021.

Court of Protection

Katharine has an extensive Court of Protection practice, providing advice and representation to individuals (including via the Official Solicitor), local authorities, healthcare bodies and the Public Guardian in both health and welfare and property and affairs cases. Katharine has dealt as sole counsel in the County and High Courts with complex proceedings, handling capacity and best interests disputes covering:

Health and Welfare

Medical treatment
Covert medication
Residence
Care and support
Contact
Sex and relationships
Marriage
Internet and social media use
Removal from the jurisdiction.

Property and Affairs

Financial management
Property transfers
Statutory wills
Tenancy agreements.

Katharine also regularly provides advice and representation in connection with the validity and revocation of Lasting Powers of Attorney and the appointment of deputies.

In addition to being one of the few barristers with an established practice in both health and welfare and property and affairs, her expertise in public and private client law make her well placed to advise on overlapping issues of law (such as education, health and social care, human rights and judicial review challenges) and complex procedural questions (from injunctions and reporting restrictions to the interface with criminal and family law proceedings, including issues of disclosure).

Katharine also has experience with cases under the Mental Health Act 1983 and is well placed to advise on the interface with the Mental Capacity Act 2005.

Practice highlights include:

Public Guardian v RI [2022] EWCOP 22: Katharine represented the Public Guardian in this case, the first occasion on which the High Court considered and provided guidance on the legal test for capacity to execute a lasting power of attorney.
Kent County Council v P & Anor [2022] EWCOP 3: A determination by the Court of Protection that previously private health and welfare proceedings should be opened to the public despite ongoing police investigations into the neglect and abuse of P. Katharine continues to act as sole counsel for the local authority in this ongoing case, dealing with issues of residence, care and support, contact and medical treatment.

Katharine is a member of the Court of Protection Bar Association and contributed to its response to the Government’s proposed reforms to Lasting Powers of Attorney in 2021. She also regularly writes articles and delivers talks and training sessions on Court of Protection matters.

Education

Katharine regularly provides advice and representation to individuals, local authorities and government departments in education law matters, acting as sole and junior counsel in the First-tier Tribunal and in the High Court.

Practice highlights include:

R (HSPC Ltd) v Secretary of State for Education [2022] EWHC 3159 (Admin): Judicial review proceedings challenging the Secretary of State’s decision to transfer Holland Park School to the United Learning multi-academy trust following an inadequate Ofsted rating on the grounds that the consultation process had been inadequate. Katharine acted as junior counsel, led by Jonathan Auburn KC, for the successful respondent.
Advising a local authority on whether Electromagnetic Hypersensitivity constituted a special educational need or disability requiring an Education, Health and Care Plan (EHCP).
Advising and representing a local authority in an EHCP appeal where allegations of inappropriate sexual behaviour had been made by and against the child in a residential placement setting.

Local Government

With a strong track record of advising and representing local authorities, we offer expert legal support across a diverse range of areas and issues. Recognised for our clear, pragmatic legal guidance and strong advocacy, we are well-placed to support local government bodies in meeting complex and evolving challenges.

Cross-practice

Landmark's barristers often work at the intersection of our core practice areas; bringing a wide range of skills, knowledge and experience to bear on a particular dispute or issue facing a client.

Our focus is always on achieving the best possible outcome for our client. By viewing the client's objectives in a holistic way - and not purely through the lens of one rigidly-defined legal area - we deliver the best possible advice and representation in complex matters that engage multiple specialist areas of law.

Whether it's providing support as an individual cross-practice barrister or a cross-disciplinary team of Landmark counsel, we are able to draw on an outstanding array of complementary skillsets and knowledge bases. This often achieves a better result than instructing multiple barristers from different specialist sets. This also improves the quality of client care through increased levels of communication, quicker response times, and a coordinated approach to clerking and fees, made possible by our team-based cross-practice approach.

Please contact our practice management team for more information.