MATTHIAS KELLY

Matthias Kelly KC

Year of Call 1979 Silk 1999

Matthias Kelly KC

Year of Call 1979 Silk 1999

Profile

Matt is a legal science graduate of Trinity College Dublin (1977). He then studied in London and qualified as a Barrister, being called to the Bar of England and Wales in 1979. He was subsequently admitted as Barrister in Northern Ireland (1983) and the Republic of Ireland (1983). He qualified as an Attorney in New York in 1983 and was admitted to the US Federal Bar in 1984. He is a King’s Counsel (KC) in London and a Senior Counsel (SC) in Dublin.

He is a past Chairman of the Bar of England and Wales and a past Chairman of the UK Personal Injuries Bar Association. He is an Examiner of the High Court of England and Wales. He has appeared before, and argued cases, in every Court in both England and Wales and the Republic of Ireland up to and including the Supreme Courts in both countries. He is a Bencher of The Hon. Society of Gray’s Inn, London.

Select expertise to be included in the CV download:

Appointments

  • Chairman of the Bar of England and Wales, 2003.
  • Vice Chairman of the Bar Council of England and Wales 2002.
  • Chairman, Bar Conference (England and Wales) 2001.
  • Vice-Chairman Bar Conference (England and Wales) 2000.
  • Chairman, Personal Injuries Bar Association, 2001-2002, Vice Chairman, 2000-2001.
  • Chairman of the Policy Committee of the Bar Council of England and Wales, 2000.
  • Vice Chairman, Disciplinary Appeals Panel, Institute of Actuaries (England and Wales) 2000 to 2019
  • Member Inter-Professional Working party on the actuarial assessment of damages in personal injury and fatal accident litigation (“The Ogden tables” 3rd and 4th editions). 1997-2002.
  • Member of the Committee of Inquiry (“Blackwell Committee”) established by the Lord Chancellor to inquire into the activities of non-legally qualified loss adjusters, 1999-2000.
  • Consultant to European Commission on UK Health and Safety Law, 1994-96.
  • Member Gray’s Inn Management Committee 1993-1995.
  • 2002: Bencher of The Hon. Society of Gray’s Inn, London.
  • 2005: Senior Counsel, Republic of Ireland.
  • 2008: Accredited mediator.
  • 2018: Examiner of the High Court.

Publications

  • Author of a chapter on UK Damages in “Contemporary Studies in Economic and Financial Analysis”, Volume 91, Personal Injury and Wrongful Death Damages Calculations, a Transatlantic Dialogue, Emerald Press, 2009.
  • “A comparison of Securities litigation in the US and the EU”, International Atlantic Economic Conference, Warsaw, Poland, 12th April 2008, joint paper with Arthur A. Eubank, Jr, Ph.D.
  • Author Chapter on Multipliers in Manual of Personal Injuries; Sweet & Maxwell 1997 (1st edition) 2000 (2nd edition), 2007 (3rd edition).
  • Member editorial panel Sweet & Maxwell specialist research papers 1996-2000.
  • Joint Editor, Manual of Personal of Personal Injuries (Sweet and Maxwell), 1997 (1st Ed) 2000 (2nd Ed.).
  • Joint editor and contributor to “Munkman on Employers Liability”, 13th edition, Butterworths, 2002.
  • “Multipliers”, article for newsletter of Institute of Chartered Accountants, 1999.
  • “Legal Aid”, The Lawyer, June 1999.
  • “Child Abuse, uncovering the facts”, New Law Journal, 1994.
  • “Achieving full compensation”, New Law Journal, 1994.
  • Journal of Personal Injury Law, 2000 JPIL pages 137-141. (Sweet & Maxwell): Review of Law on dependency claims in Fatal Accidents Claims).
  • Review of the leading PI cases in 1999/2000 “The Lawyer”, 16/10/2000.
  • “Independence day for the Bar”. Human Rights. The Times, 25/9/01.
  • “Are brokers’ fees recoverable?” Kemp 5-282/1. 27/3/02.
  • “Funding awards: all change?” Solicitors Journal 6th September 2002, p 774.
  • Participant in Experts meeting on “Standards for settling Personal Injury Claims in Europe”, University of Tilburg, Netherlands 11th January 2002.
  • Damages for successive torts, 24th September 2002, Butterworths Tolley, London.
  • “Consequences of the Hitler-Stalin Pact” Riga Graduate School of Law, Riga, Latvia, 30th April 2005.
  • Lecture University of Tours, 12th & 13th November 2015 “Magna Carta Today”.
  • “Where is Magna Carta Today?”, in The Rights and Aspirations of the Magna Carta, Palgrave Macmillan; 1st ed. 2016 edition.
  • Università degli Studi di Brescia, “International law and counter terrorism”. 18th May 2016.
  • Scuola Superiore Sant’Anna, Pisa, “Law, National Security and Terrorism in a Democratic Socirety.” 19th May 2016.
  • University of Bordeaux 16th March 2018 “National perceptions of Judges and Lawyers in Common Law and Civil law Jurisdictions.
  • Università degli Studi di Brescia, “International law and counter terrorism”. 18th May 2016.
  • Pantheon-Assas (Paris 2), Sorbonne. Possible relationships and co-operation between the UK and the EU post-Brexit, 25-26 May 2019.

Select expertise to be included in the CV download:

Appointments

  • Chairman of the Bar of England and Wales, 2003.
  • Vice Chairman of the Bar Council of England and Wales 2002.
  • Chairman, Bar Conference (England and Wales) 2001.
  • Vice-Chairman Bar Conference (England and Wales) 2000.
  • Chairman, Personal Injuries Bar Association, 2001-2002, Vice Chairman, 2000-2001.
  • Chairman of the Policy Committee of the Bar Council of England and Wales, 2000.
  • Vice Chairman, Disciplinary Appeals Panel, Institute of Actuaries (England and Wales) 2000 to 2019
  • Member Inter-Professional Working party on the actuarial assessment of damages in personal injury and fatal accident litigation (“The Ogden tables” 3rd and 4th editions). 1997-2002.
  • Member of the Committee of Inquiry (“Blackwell Committee”) established by the Lord Chancellor to inquire into the activities of non-legally qualified loss adjusters, 1999-2000.
  • Consultant to European Commission on UK Health and Safety Law, 1994-96.
  • Member Gray’s Inn Management Committee 1993-1995.
  • 2002: Bencher of The Hon. Society of Gray’s Inn, London.
  • 2005: Senior Counsel, Republic of Ireland.
  • 2008: Accredited mediator.
  • 2018: Examiner of the High Court.

Publications

  • Author of a chapter on UK Damages in “Contemporary Studies in Economic and Financial Analysis”, Volume 91, Personal Injury and Wrongful Death Damages Calculations, a Transatlantic Dialogue, Emerald Press, 2009.
  • “A comparison of Securities litigation in the US and the EU”, International Atlantic Economic Conference, Warsaw, Poland, 12th April 2008, joint paper with Arthur A. Eubank, Jr, Ph.D.
  • Author Chapter on Multipliers in Manual of Personal Injuries; Sweet & Maxwell 1997 (1st edition) 2000 (2nd edition), 2007 (3rd edition).
  • Member editorial panel Sweet & Maxwell specialist research papers 1996-2000.
  • Joint Editor, Manual of Personal of Personal Injuries (Sweet and Maxwell), 1997 (1st Ed) 2000 (2nd Ed.).
  • Joint editor and contributor to “Munkman on Employers Liability”, 13th edition, Butterworths, 2002.
  • “Multipliers”, article for newsletter of Institute of Chartered Accountants, 1999.
  • “Legal Aid”, The Lawyer, June 1999.
  • “Child Abuse, uncovering the facts”, New Law Journal, 1994.
  • “Achieving full compensation”, New Law Journal, 1994.
  • Journal of Personal Injury Law, 2000 JPIL pages 137-141. (Sweet & Maxwell): Review of Law on dependency claims in Fatal Accidents Claims).
  • Review of the leading PI cases in 1999/2000 “The Lawyer”, 16/10/2000.
  • “Independence day for the Bar”. Human Rights. The Times, 25/9/01.
  • “Are brokers’ fees recoverable?” Kemp 5-282/1. 27/3/02.
  • “Funding awards: all change?” Solicitors Journal 6th September 2002, p 774.
  • Participant in Experts meeting on “Standards for settling Personal Injury Claims in Europe”, University of Tilburg, Netherlands 11th January 2002.
  • Damages for successive torts, 24th September 2002, Butterworths Tolley, London.
  • “Consequences of the Hitler-Stalin Pact” Riga Graduate School of Law, Riga, Latvia, 30th April 2005.
  • Lecture University of Tours, 12th & 13th November 2015 “Magna Carta Today”.
  • “Where is Magna Carta Today?”, in The Rights and Aspirations of the Magna Carta, Palgrave Macmillan; 1st ed. 2016 edition.
  • Università degli Studi di Brescia, “International law and counter terrorism”. 18th May 2016.
  • Scuola Superiore Sant’Anna, Pisa, “Law, National Security and Terrorism in a Democratic Socirety.” 19th May 2016.
  • University of Bordeaux 16th March 2018 “National perceptions of Judges and Lawyers in Common Law and Civil law Jurisdictions.
  • Università degli Studi di Brescia, “International law and counter terrorism”. 18th May 2016.
  • Pantheon-Assas (Paris 2), Sorbonne. Possible relationships and co-operation between the UK and the EU post-Brexit, 25-26 May 2019.

Areas Of Expertise

Matt has appeared in the Independent Inquiry into Child Sexual Abuse, the Brook House Inquiry (2022), The Disclosures Tribunal (Dublin 2019-2020). He chaired the Independent review of the administration and finances of ASLEF (the train driver’s union) (2004). From 2005-2007 he was the full-time legal advisor to the Department of Enterprise, Trade and Employment In Dublin, overseeing Company Investigations. Matt has also conducted an independent Inquiry into allegations of sexual harassment and discrimination for CWU (the communications workers Union) (2004). Matt was appointed by the Irish Government to conduct an Independent review of discovery by the Department of Education and Science to the Commission to inquire into child abuse in Irish Institutions, 2004. Matt was Chairman of the Hepatitis C Working Party established by the Haemophilia Society in September 2001, to devise costed proposals for a financial assistance fund to recognise the loss and suffering of people with haemophilia resulting from their infection with hepatitis C (HCV which reported in March 2002.

Cases of Note

  • Brook House Inquiry Nov 2021-April 2022 – Inquiry into the treatment of those detained in Brook House Immigration Removal Centre (IRC) pending Deportation.
  • Represented Police whistle blower before the tribunal of Inquiry into Protected Disclosures under the Protected Disclosures Act 2014 Dublin, 2019-2021.
  • Counsel to Ampleforth Abbey and School, Independent Inquiry into Child Sexual Abuse, 2016-2019.
  • Inquest into Death of Tamara Mills (south Tyneside NHS Foundation Trust) 2015 – Inquest into the death of a 13 year old girl. Matt represented her family. The coroner concluded that she suffered “a premature death contributed to by a lack of appreciation and/or reaction to the deteriorating nature of her chronic respiratory condition (asthma) and the absence of any planning to monitor, manage and co-ordinate her care, improvement, its sustainability and prevent her death”.
  • Independent Review of allegations of harassment CWU, 2005.
  • Independent reviewer of discovery by the Department of Education and Science to the Commission to inquire into child abuse in Irish Institutions, 2004.
  • Chairman of the Hepatitis C Working Party established by the Haemophilia Society in September 2001, to devise costed proposals for a financial assistance fund to recognise the loss and suffering of people with haemophilia resulting from their infection with hepatitis C (HCV). Reported March 2002.

Matt has many years’ experience conducting Personal Injury and clinical negligence cases. He is a past Chair of the Personal Injuries Bar Association. He has represented many Claimants in cases of catastrophic injury (brain, spinal, internal and psychiatric injury).

Cases of Note

  • Howard v Brighton and Sussex University Hospitals NHS Trust (2006) High Court, London, cerebral palsy.
  • Firth v Geo. Ackroyd Ltd and another (2000) Lloyds LR (medical) 312 – Recoverability of cost of care provided by local Authority under statutory duty).
  • Page v Sheerness Steel, Wells v Wells and Thomas v Brighton Health Authority (1998) 3 WLR 329. House of Lords – The leading case on multipliers for future loss and the discount rate.
  • Rastin v British Steel Plc; Todd v Evans; Adams v Geest Plc; Byrne v Webber; Donaldson v Canavan; Ayres v British Steel Plc; (1994) 1 WLR 732 – The Automatic striking out of personal injury actions due to delay.
  • H v Ministry of Defence (1991) 2 WLR 1192 – The Right to Jury trial in personal injury cases.
  • Kennedy v Ryan (January 2015), High Court Dublin – Symphysiotomy, limitation, liability for post caesarean operation.
  • Ellie Challis v Barking, Havering & Redbridge Hospitals Trust, 2008-2011. High Court London, medical negligence, meningococcal septicaemia. Quadruple amputee.
  • Adam Jones V BBC and others, (2007). High Court – Employer’s liability, and occupier’s liability.
  • Zeb v Frimley Health NHS Foundation Trust (2016) EWHC 134 (QB) – Clinical negligence: TB Meningitis.
  • Mulgrew v Health Service Executive, High Court Dublin, – Leg amputation, severe damage to hip by Medical Negligence, July 2012.

Matt has appeared as counsel in many abuse cases in both court and before Inquiries, representing institutions and individual who have been abused, physically, sexually, emotionally and financially.

Cases of Note

  • International Transport Federation v Minster for Justice and Equality and others (Equality Commission of Ireland intervening). (2018) High Court Dublin – An application for a mandatory injunction to compel the Irish Government to implement its obligations in domestic, European and International law to actively prevent modern slavery, human trafficking and enforced labour in Ireland. It was conducted in the High Court in Dublin, in November 2018. It was Subsequently settled by mediation, with the Government agreeing to establish a revised scheme and re-organise its methods and systems of enforcement, including a revised system of visas.
  • McNamee v Michael Boyce, Sexual Abuse. Jury Trial, High Court Dublin November 2014 – Matt successfully acted for the Claimant, who suffered sexual abuse as a child over many years.
  • Numerous applications for compensation under the Irish Government Redress Scheme for victims of abuse received whilst in residential care.
  • Group action, Re Ellindon School Group Litigation, Cambridge. High Court, 2007-2009.
  • Group action: St George’s School, Liverpool, 2004-2006. Child abuse.
  • O’B v Residential Institutions Redress Board, (2009), High Court, Dublin. [2009] IEHC 284.

Matt has appeared in many cases over the years involving industrial diseases such as vibration white finger, dust induced chest injury, mesothelioma, skin disease, industrial deafness, injuries causing serious injuries and allergies.

Cases of Note

  • Raymond Shanks v Swan Hunter Group PLC (2007) EWHC B4 – Mesothelioma claim damages of £1,000,00.
  • Christine Perry v Post Office, High Court, London, Mr Justice Griffith Williams, 18/10/2001 – The issue was can trauma cause MS? After hearing extensive and detailed expert medical evidence and argument the Court concluded that it could not on its own cause MS.
  • Cleary v Shannon and others (2014) High Court Dublin – Can trauma cause MS? Matt successfully acted for the Claimant.
  • Rob Dawber v Eastern Infrastructure, York County Court, HHJ Swanson, 1/3/2000 – First case establishing liability for mesothelioma arising out of low level, outdoor, intermittent occupational exposure to “white” asbestos. Later made into a film by Ken Loach “The Navigators” (2001).
  • Wright v JWC (1947) Ltd. High Court, London, – Mesothelioma, pension loss and tax implications.
  • William Searle v BRB (Residuary) Ltd, mesothelioma, High Court London 2012.
  • A Gardner v Alliance Long Acre, High Court. London, Mesothelioma, 2011-2012.
  • Marshall v Laporte Industries Ltd (2010-2011). High Court, London. Mesothelioma.

Cases of Note

  • Health Service Executive v KW & Others (2015) IEHC 741 – Adult capacity and ability to refuse treatment.
  • Teehan v Health Service Executive, (2013) IEHC 383. High Court Dublin – Provision of Home Birth Services.
  • Health Service Executive v XY (2013) 1 I.R. 574 – Mental Health. Detention of young person, Articles 6, 8, 13 ECHR. Forcible treatment.
  • XY (a minor suing by her guardian ad litem, Raymond McEvoy) v The Health Service Executive, The Attorney General & The Irish Human Rights Commission (2013) 1 IR 592 – Constitutionality of section 25(6) of the Mental Health Act 2001, Child Care Act 1991 and Articles 3, 5, 6, 8, 13 and 14 ECHR.
  • Health Service Executive v MD, High Court, Dublin 2013 – Forced administration of ECT.

Recommendations

‘One of the most hardworking and approachable barristers.’

Legal 500

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