Region Area

Barristers

Matthias Kelly

Position

Specialises in enquiries, personal injury and professional negligence work. Represents both claimants and defendants. Amongst his recent cases are Leta Almeda v Her Majesty’s Attorney General for Gibraltar, Privy Council, 24/11/2004 (challenge to State immunity claimed by the Government of Gibraltar); Pilar Aida Rojas v Brian Berllaque and Her Majesty’s Attorney General for Gibraltar, Privy Council, 10/11/2003 (whether all male juries in Gibraltar were constitutional). He has substantial experience of group actions: St George’s School, Liverpool, 2004-05, Springhill School Group Litigation, 2004 and Gower Chemicals 2002-03. Has appeared in many catastrophic injury cases: P Smith v I Childs, 2004, paraplegia £4.5m settlement; Ejvet v Aid Pallet (2002), 11/3/2002, Cooke J, RCJ (additional agreed award for broker’s fees, PGO and receiver costs). Acted in many cerebral palsy and gynaecological negligence claims: Howard v Brighton and Sussex University Hospitals NHS Trust (2006) High Court, London, cerebral palsy; Corry v D & B Construction Ltd (2008) High Court, Belfast; O’B v Residential Institutions Redress Board (2009) High Court, Dublin [2009] IEHC 284; Ellie Challis v Barking, Havering & Redbridge Hospitals Trust, 2008/09 High Court, London (medical negligence, menlingococcal septicaemia); 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; Jordan Fitton v Bury Primary Care Trust & others, judicial review, hospital closures, Administrative Court; Kampichler v Moore and Blatch, High Court Winchester, 18/4/02, solicitor’s negligence; Christine Perry v Post Office High Court, London, 2001 (whether trauma can cause MS); Cummings v Powney, 2000: Brain injury; appropriate deduction for non-use of seat belt; Dalton v Wright Hassall (a firm of solicitors); High Court, London, 2000 (whether solicitor’s negligence can give rise to a claim for psychiatric damage). Represented the Local Authority in Firth v Geo. Ackroyd Ltd and another (2000) Lloyds LR (medical) 312 (the recoverability of the cost of care provided by the local Authority acting under a statutory duty). Review of operation of section 19 of Companies Act 1990 (as amended) for Department of Enterprise, Trade and Employment (Dublin) 2005-07.

Education

St Patrick’s Academy, Dungannon; Trinity College, Dublin (1977).