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Barrister Matthias Kelly QC

Matthias Kelly QC

Year of call:
1979
Silk:
1999
Email:
kelly@39essex.com

Clerks:
+44 (0)20 7832 1111

Home // Barristers // Matthias Kelly QC

“one of the most hardworking and approachable barristers”
Legal 500

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.

Regulation

  • Advice to Minister of Enterprise, Trade and Employment on the exercise of powers under the Companies Acts; 2005-2007
  • Independent review of the financial affairs and administration of ASLEF (Train drivers Union) between 1994 and 2004 conducted for the Union’s Executive Committee; 2004.
  • Independent review 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.
  • Rama v South West Trains (1997), unreported 5/11/97, Forbes J (CO/310/96). Time off for health and safety duties.
  • El-Kininy v Medical Council, (Specialist Registration) Dublin, July 2012.
  • Elder v Law Society of Ireland (2011), High Court, Dublin. Judicial Review.
  • Brady, Eastwood Pierce and Stewart v Solicitors Regulatory Authority, 2010, Judicial Review, High Court, London.
  • McMahon v Law Society of Ireland (2011) Judicial Review, High Court Dublin.
  • O’B v Residential Institutions Redress Board, (2009), High Court, Dublin. [2009] IEHC 284.
  • F v Kings College NHS Trust, 2006, Acting for a consultant doctor in a race and sex discrimination claim against the NHS.
  • AEG, Millennium O2Casino – License and joint venture.

Environmental & Planning

  • Re Alderbury House (2015) Dublin, High Court claim following receiver’s sale of Dublin’s second most historic property.
  • Merlin v British Nuclear Fuels Plc – (QBD) 2 April 1990 (1990) 3 WLR 383 – Liability for radioactive discharges.
  • Laurence Deverall v Ministry of Defence (1994). War pension/military pension. Test veteran. Recovery of War Pension for injury due to exposure to radiation during nuclear tests in Australia.

Civil Liability

  • Health Service Executive v KW & Others (2015) IEHC 741. Adult capacity and ability to refuse treatment.
  • Symphyiotomy and pubiotomy cases, High Court Dublin, 2011-present.
  • Caroline McNamee v Michael Boyce, 2014, High Court Dublin, High Court jury action. Successfully represented the Claimant in a two week civil claim for damages for sexual abuse.
  • Cleary v Shannon and others (2014) High Court Dublin. Can trauma cause MS. Acted for the Claimant.
  • Mitchell v Barclays Bank PLC (2014) High Court, Newcastle, redundancy, stress and bullying in the workplace.
  • McCarthy v Busways Travel Services (2014) High Court, Newcastle, major brain injry.
  • Wright v JWC (1947) Ltd. High Court, London, Mesothelioma, pension loss and tax implications.
  • W.Y. Y. P. v P. C. (2013) IESC 12. Supreme Court, Ireland, Judge’s discretion in Costs in Matrimonial Proceedings.
  • S Johnstone v Groupama, High Court, spinal injury, High Court 2011-present.
  • A Gardner v Alliance Long Acre, High Court. London, Mesothelioma, 2011-2012.
  • Marshall v Laporte Industries Ltd (2010-2011). High Court, London. Mesothelioma.
  • Ellie Challis v Barking, Havering & Redbridge Hospitals Trust, 2008-2011. High Court London, medical negligence, meningococcal septicaemia. Quadruple amputee.
  • Connolly v HSE, 2012, Dublin, High Court, Mental Health, illegal detention.
  • Andrews v Health Service Executive & Dunkin, (2011) High Court, Dublin. Medical Negligence.
  • McNamee v Michael Boyce, Abuse case, limitation, High Court, Dublin, July 2012.
  • Adam Jones v BBC and others, (2007). High Court. Employer’s liability, occupier’s liability.
  • 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.
  • Howard v Brighton and Sussex University Hospitals NHS Trust (2006) High Court, London, cerebral palsy.
  • Mulgrew v Health Service Executive, High Court Dublin, Medical Negligence, July 2012.
  • William Searle v BRB (Residuary) Ltd, mesothelioma, High Court London 2012.
  • S Johnstone v Groupama, High Court, spinal injury, High Court 2011-present.
  • McNamee v Michael Boyce, Abuse case, limitation, High Court, Dublin, July 2012.
  • Corry v D & B Construction Ltd, 2008, High Court, Belfast.
  • St George’s School, Group action, Liverpool, 2004-2006. Child abuse.
  • Springhill School Group Litigation, 2004. High Court Group action, alleging abuse of children resident in Barnardo’s home.
  • P Smith v I Childs 2004 Paraplegia.
  • R v CICB, ex parte Thomas, March 2006; Judicial Review of award by CICB.
  • In Re Thomas, CICB, London, 2005. Damages for the onset of Schizophrenia.
  • Ejvet v Aid Pallet (2002), 11/3/2002, Cooke J, RCJ. Significant award in respect of broker’s fees, PGO and receiver costs. Total £1.5 million.
  • Gemma James v David Geoffrey Starbuck (2002) QBD Nottingham District Registry (Mr. Recorder Maxwell QC) 21/12/2001.
  • Christine Perry v Post Office High Court, London, HH Judge Griffith Williams QC, sitting as a Deputy High Court Judge, 2001. Can trauma cause MS?
  • Kampichler v Moore and Blatch, High Court Winchester, 18/4/02, Hallett J. Solicitor’s negligence.
  • 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.
  • Cummings v Powney, Gage J 2000: Brain injury; appropriate deduction for non-use of seat belt.
  • Dalton v Wright Hassall (a firm of solicitors). High Court, London, Stanley Burnton J. 2000. Whether solicitor’s negligence can give rise to a claim for psychiatric damages as a consequence. Whether recoverable in Law.
  • Neville Edwards v Teams Roofing 2000, Mr Ben Nolan QC, Deputy High Court Judge, Newcastle upon Tyne: First case in UK where multipliers calculated assuming a 2% rate of return.
  • 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.
  • Page v Sheerness Steel, Wells V Wells and Thomas v Brighton Health Authority (HL) 16 July 1998 (1998) 3 WLR 329.
  • Hooper v Young (CA) 26 July 1996 (1998) Lloyd’s Rep Med 61 – Negligence in hysterectomy.
  • Page v Sheerness Steel, Wells v Wells and Thomas v Brighton Health Authority (CA) 23 October 1996 (1997) 1 WLR 652.
  • Rastin v British Steel Plc; Todd v Evans; Adams v Geest Plc; Byrne v Webber; Donaldson v Canavan; Ayres v British Steel Plc (CA) – Automatic striking out of personal injury actions.
  • Gregory Goussard v Post Office High Court London. Butterfield J. (6/10/99). Brain injury to school boy following Road Traffic Accident.
  • Nicola Turner v Kent & Canterbury Hospitals NHS Trust QBD, London. (20/7/1999). Nurse’s lifting. Liability and quantum.
  • Whitwell v Caddick Construction QBD, Giles Wingate-Saul QC, Newcastle (22/9/98). Brain injury following construction site accident.
  • Swann & Others v Pragnell QBD, London. 2/2/98. £1.3 million award. Young child brain damaged in RTA. Subsequently able to go to college.
  • Rozario v The Post Office (1997) PIQR P15. Safe system of work.
  • H v Ministry of Defence (CA) 21 March 1991 (1991) 2 WLR 1192 – Right to jury trial in personal injury cases.

Administrative & Public

  • The Minister for Justice and Equality v Piotr Pawel Skiba, Supreme Court, Ireland, February 2018, European Arrest Warrant and the circumstances in which an Irish Court can renew the surrender date.
  • Health Service Executive v KW & Others (2015) IEHC 741. Adult capacity and ability to refuse treatment.
  • Counsel to Ampleforth Abbey and School, Independent Inquiry into Child Sexual Abuse, 2016-2018
  • Ireland v Vilkas, Court of Justice of the EU Luxembourg, 20/7/16, Article 23 of the Council Framework Decision 2002/584/JHA, European Arrest Warrant.
  • Minister for Justice and Equality v Thomas Vilkas, Court of Appeal, Dublin, EWA. [2018] IECA 33
  • DPP v Sylwester Strzelecki (2015) IESC 15. Irish Supreme Court. Human rights, applicability of respect for human rights at all stages of the extradition process, including consent to an additional prosecution after surrender.
  • Numerous applications for compensation under the Irish Government Redress Scheme for victims of abuse received whilst in residential care
  • Advice to Minister of Enterprise, Trade and Employment on the exercise of powers under the Companies Acts; 2005 (ongoing)
  • Independent review of the financial affairs and administration of ASLEF (Train drivers Union) between 1994 and 2004 conducted for the Union’s Executive Committee; 2004
  • Independent review 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
  • A.P. v Minister for Justice and Equality (2014) IEHC 17. High Court ordering production of documents over which privilege based on National security was claimed.
  • A. P. v Minister for Justice Equality and Law Reform (2014) (No. 2) High Court, Dublin. Can a Minister claim Public Interest Immunity in relation to material relied upon in a decision whether or not to grant Citizenship. Duty to give reasons.
  • Nino Kelehsashvili v Minister for Justice Equality and Law Reform (2013) High Court Dublin. Duty of the state to provide Legal Aid in subsidiary protection cases
  • DPP v S Strzelecki (2013), Supreme Court Dublin. Duty of Court to consider ECHR issues in European Arrest warrant cases.
  • Campion v Wat (IEHC)45. Non compliance with discovery order.
  • Teehan V Health Service Executive, (2013) IEHC 383. Provision of Home Birth Services.
  • Boguslaw Jakubiec V Govenor Cloverhill Prison, June 2013 High Court, Dublin. Article 3 ECHR and Prison Rules 2007.
  • Suman Barua v Minister for Justice and Equality (2012) IEHC 456. Right to subsidiary protection, refugee.
  • 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.
  • Mulgrew v Health Service Executive, High Court Dublin, Medical Negligence, July 2012.
  • El-Kininy V Medical Council, (Specialist Registration) Dublin, July 2012.
  • Connolly v Watson & Others, 2012, Dublin, High Court, wrongful detention Mental Health Patient.
  • Connolly v HSE, 2012, Dublin, High Court, Mental Health, illegal detention.
  • Andrews v Health Service Executive & Dunkin, (2011) High Court, Dublin. Medical Negligence.
  • O’B v Residential Institutions Redress Board (2009), High Court, Dublin. [2009] IEHC 284.
  • Jordan Fitton v Bury Primary Care Trust 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.
  • R (N) v Doctor M [2003] 1 WLR 562 & [2003] 1 FLR 667, Human Rights, fair trial, oral evidence and right to cross examine.
  • 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.
  • 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.
  • R v Lancashire County Council, ex parte M(1992) 1 FLR 109. Judicial review of decision to remove child placed with foster parents.
  • 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.
  • Re S (Contact: prohibition of Applications) [1994] 2 FLR 1057. Suman Barua v Minister for Justice and Law Reform (2012) High Court Dublin, Asylum, subsidiary Protection Humanitarian leave to remain.

Personal Injury

  • McNamee v Michael Boyce, Sexual Abuse. Jury Trial, High Court Dublin November 2014.
  • Mitchell v Barclays Bank PLC (2014) High Court, Newcastle, redundancy, stress and bullying in the workplace.
  • McCarthy v Busways Travel Services (2014) High Court, Newcastle, major brain injury.
  • Cleary v Shannon and others (2014) High Court Dublin. Can trauma cause MS? Acted for the Claimant.
  • Wright v JWC (1947) Ltd. High Court, London, Mesothelioma, pension loss and tax implications.
  • Lead counsel Symphyiotomy and Pubiotomy cases, High Court Dublin, 2011-present.
  • Walsh v An Post, High Court, Dublin, 2015, Stress at work, duty of Employers.
  • William Searle v BRB (Residuary) Ltd, mesothelioma, High Court London 2012.
  • S Johnstone v Groupama, High Court London, spinal injury, 2011-2013
  • A Gardner v Alliance Long Acre, High Court. London, Mesothelioma, 2011-2012.
  • McNamee v Michael Boyce, Abuse case, limitation, High Court, Dublin, July 2012
  • Marshall v Laporte Industries Ltd (2010-2011). High Court, London. Mesothelioma
  • O’B v Residential Institutions Redress Board, (2009), High Court, Dublin. [2009] IEHC 284
  • Corry v D & B Construction Ltd, 2008, High Court, Belfast
  • Adam Jones V BBC and others, (2007). High Court. Employer’s liability, occupier’s liability.
  • Raymond Shanks V Swan Hunter Group PLC (2007) EWHC B4 mesothelioma claim.
  • 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.
  • In re Thomas, CICB, London, 2005. Damages for the onset of Schizophrenia.
  • R v CICB, ex parte, Thomas, March 2006; Judicial Review of award by CICB.
  • P Smith v I Childs 2004 Paraplegia. £4.5 million settlement.
  • Springhill School Group Litigation, 2004. High Court Group action, alleging abuse of children resident in Barnardo’s home.
  • Ejvet v Aid Pallet (2002), 11/3/2002, Cooke J, RCJ. Award of for broker’s fees, PGO and receiver costs. Total £1.5 million. Kemp: 5-283.
  • Gemma James v David Geoffrey Starbuck (2002) QBD Nottingham District Registry (Mr. Recorder Maxwell QC) 21/12/2001
  • Christine Perry v Post Office High Court, London, HH Judge Griffith Williams QC, sitting as a Deputy High Court Judge, 18/10/2001. Can trauma cause MS?
  • Cummings v Powney, Gage J, 8/5/00: Brain injury; appropriate deduction for non-use of seat belt.
  • Neville Edwards v Teams Roofing 17/1/2000, Mr Ben Nolan QC, Deputy High Court Judge, Newcastle upon Tyne: First case in UK where multipliers calculated assuming a 2% rate of return.
  • 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.
  • Gregory Goussard v Post Office High Court London. Butterfield J. (6/10/99). Brain injury to school boy following Road Traffic Accident.
  • Nicola Turner v Kent & Canterbury Hospitals NHS Trust QBD, London. (20/7/1999). Nurse’s lifting. Liability and quantum.
  • Whitwell v Caddick Construction QBD, Giles Wingate-Saul QC, Newcastle. 22/9/98). Brain injury following construction site accident.
  • Swann & Others v Pragnell QBD, London. 2/2/98. £1.3 million award. Young child brain damaged in RTA. Subsequently able to go to college.
  • Page v Sheerness Steel, Wells v Wells and Thomas v Brighton Health Authority (1998) 3 WLR 329. House of Lords. Appropriate method to calculate multipliers for future loss. Discount rate.
  • Page v Sheerness Steel, Wells v Wells and Thomas v Brighton Health Authority [1997] 1 WLR 652, Court of Appeal.
  • 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. Automatic striking out of personal injury actions.
  • H v Ministry of Defence (1991) 2 WLR 1192. Right to Jury trial in personal injury cases.

Professional Negligence

  • Zeb v Frimley Health NHS Foundation Trust (2016) EWHC 134 (QB) Clinical negligence: TB Meningitis.
  • Kennedy v Ryan (January 2015), High Court Dublin. Symphysiotomy, limitation, liability for post caesarean operation.
  • Kampichler v Moore and Blatch, High Court Winchester, 18/4/02, Hallett J. Solicitor’s negligence.
  • Dalton v Wright Hassall (a firm of solicitors). High Court, London, Stanley Burnton J. 10/11/00. Whether solicitor’s negligence can give rise to a claim for psychiatric damages as a consequence. Whether recoverable in Law.
  • Hooper v Young (1998) Lloyds Medical Law Reports 61. Negligence in hysterectomy.

Recommendations

Chambers & Partners recommends Matthias for Personal Injury. He is also regarded as a leader in Personal Injury by Legal 500.

“He will always secure the best possible outcome for his clients.” Legal 500 2015

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.

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