Matthias Kelly QC is well known for his expertise in the fields of clinical negligence, health care, health & safety, personal injury and related professional negligence and regulation. He also undertakes employment work. Since the end of his term of office as chairman of the Bar Council, he has developed a practice in administrative law and professional regulation. Many of his cases focus on the intersection of politics and law. He has acted for Government Departments, Institutions and Trade Unions.
Related Cases
Clinical Negligence
Lead counsel Symphyiotomy and pubiotomy cases, High Court Dublin, 2011-present.
Mulgrew v Health Service Executive High Court Dublin, July 2012
Medical Negligence
El-Kininy V Medical Council, (Specialist Registration) Dublin, July 2012.
William Searle v BRB (Residuary) Ltd High Court London 2012.
Mesothelioma
S Johnstone v Groupama High Court 2011-present
Spinal injury.
A Gardner v Alliance Long Acre High Court. London, 2011-2012
Mesothelioma
Andrews v Health Service Executive & Dunkin (2011) High Court, Dublin.
Medical Negligence
Marshall v Laporte Industries Ltd (2010-2011). High Court, London.
Mesothelioma.
Employment
Walsh v An Post, High Court
Stress at work, duty of Employers.
Administrative & Public Law
Boguslaw Jakubiec V Govenor Cloverhill Prison June 2013 High Court, Dublin.
Article 3 ECHR and Prison Rules 2007.
Teehan V Health Service Executive (2013) IEHC 383
Provision of Home Birth Services.
Suman Barua v Minister for Justice and Equality (2012) IEHC 456
Right to subsidiary protection, refugee.
Connolly v Watson and Others High Court, Dublin, November 2012
Wrongful detention Mental Health Patient.
Health Service Executive v XY (2013) 12.
Mental Health. Detention of young person, Articles 6, 8, 13 ECHR. Forcible treatment.
Health Service Executive V MD High Court, Dublin 2013
Forced administration of ECT
Connolly v HSE, 2012 Dublin, High Court
Mental Health, illegal detention.
McNamee v Michael Boyce, High Court, Dublin, July 2012.
Abuse case, limitation,
Elder v Law Society of Ireland (2011) High Court, Dublin.
Judicial Review
Brady, Eastwood Pierce and Stewart v Solicitors Regulatory Authority 2010, High Court, London
Judicial Review
O’B v Residential Institutions Redress Board (2009), High Court, Dublin. [2009] IEHC 284
Jordan Fitton v Bury Primary Care Trust & others 8 June 2007 Admin Court
This case involved a challenge by the parents of a severely disabled child to the closure of hospital’s A&E unit.
Pilar Aida Rojas v Brian Berllaque and Her Majesty’s Attorney-General for Gibraltar (PC) 10 November 2003 [2003] UKPC 76
Whether all male juries in Gibraltar were constitutional.
Berkshire County Council v C
Power of court to direct assessment of family by specified date.
Jordan Fitton v Bury Primary Care Trust & others 8 June 2007 Admin Court
This case involved a challenge by the parents of a severely disabled child to the closure of hospital’s A&E unit.
Pilar Aida Rojas v Brian Berllaque and Her Majesty’s Attorney-General for Gibraltar (PC) 10 November 2003 [2003] UKPC 76
Whether all male juries in Gibraltar were constitutional.
Berkshire County Council v C (Fam Div) 17 November 1992 (1993) 2 WLR 475
Power of court to direct assessment of family by specified date.
Common
W.Y. Y. P. v P. C. (2013) IESC 12. Supreme Court, Ireland,
Judge’s discretion in Costs in Matrimonial Proceedings.
Raymond Thomas Shanks v Swan Hunter Group Plc (QBD) 24 May 2007 Lawtel 31 May 2007
Lost years; benefits in kind; recoverability of re-location costs.
Leta Almeda v Her Majesty’s Attorney-General for Gibraltar (PC) 24 November 2003 [2003] UKPC 81
Challenge to highway immunity claimed by the Government of Gibraltar.
Firth v Geo. Ackroyd Ltd and another
(QBD) 28 March 2000 (2000) Lloyd’s Rep Med 312
Page v Sheerness Steel, Wells V Wells and Thomas v Brighton Health Authority (HL) 16 July 1998 (1998) 3 WLR 329
Page v Sheerness Steel, Wells v Wells and Thomas v Brighton Health Authority (CA) 23 October 1996 (1997) 1 WLR 652
Hooper v Young (CA) 26 July 1996 (1998) Lloyd’s Rep Med 61
Right to jury trial in personal injury cases.
H v Ministry of Defence (CA) 21 March 1991 (1991) 2 WLR 1192
Right to jury trial in personal injury cases.
Raymond Thomas Shanks v Swan Hunter Group Plc (QBD) 24 May 2007 Lawtel 31 May 2007
Lost years; benefits in kind; recoverability of re-location costs.
Leta Almeda v Her Majesty’s Attorney-General for Gibraltar (PC) 24 November 2003 [2003] UKPC 81
Challenge to highway immunity claimed by the Government of Gibraltar.
Firth v Geo. Ackroyd Ltd and another (QBD) 28 March 2000 (2000) Lloyd’s Rep Med 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 (HL) 16 July 1998 (1998) 3 WLR 329
Page v Sheerness Steel, Wells v Wells and Thomas v Brighton Health Authority (CA) 23 October 1996 (1997) 1 WLR 652
Hooper v Young (CA) 26 July 1996 (1998) Lloyd’s Rep Med 61
Negligence in hysterectomy.
H v Ministry of Defence (CA) 21 March 1991 (1991) 2 WLR 1192
Right to jury trial in personal injury cases.
Environmental & Planning
Merlin v British Nuclear Fuels Plc (QBD) 2 April 1990 (1990) 3 WLR 383
Liability for radioactive discharges.
Merlin v British Nuclear Fuels Plc (QBD) 2 April 1990 (1990) 3 WLR 383
Liability for radioactive discharges.