AREAS OF EXPERTISE:
Kelly is a senior junior who specialises in commercial and construction law disputes with a particular emphasis on contractual, civil fraud and urgent injunctive relief cases (including search orders, freezing injunctions and injunctions to restrain breaches of confidence, fiduciary duty and restrictive covenants). She has been recommended by Chambers & Partners in these fields in the North since 2004 and 2012 respectively. She has appeared at all levels, including the House of Lords (Cream v Banerjee  UKHL 44), and has been instructed on many heavyweight, complex and high-value cases. She enjoys a successful practice and has an excellent market standing.
In addition, Kelly specialises in business rates disputes with a particular emphasis on high-value rates mitigation scheme cases. She has advised and represented many councils in relation to such matters including Trafford, Preston, Lancaster, Bolton, Basildon, Cardiff and Stockton. She is currently representing Trafford Borough Council in proceedings against Principled Offsite Logistics Ltd on 61 consolidated summonses where the sums directly and indirectly at stake are in excess of £1 million. She has also been instructed by numerous councils wishing to resist claims for substantial refunds following retrospective alterations to the VOA lists.
Her areas of practice include:
Year of Call: 1994
Kelly is regularly instructed on disputes arising out of secured, unsecured and personally guaranteed lending. A good example of the breadth of matters covered is the case of RBS v Chandra, in which she was junior counsel, which raised complex issues as to the duties owed by the bank in relation to its appointment of receivers and the exercise of its “step-in rights” under a deed of warranty, the bank’s liability for acts of the receivers and undue influence.
Significant Reported Cases
Royal Bank of Scotland v Chandra  EWCA Civ 192
Phoenix Recoveries (UK) Ltd v Kotecha  EWCA Civ 105
Garside v Black Horse Ltd & Anor  EWHC 190
Kelly is frequently instructed on civil fraud cases, particularly those requiring urgent asset preservation/recovery injunctions. Examples of recent cases include proceedings against:
Kelly specialises in all aspects of commercial dispute resolution. Recent cases include:
Kelly is regularly instructed in professional negligence cases associated with her main areas of practice including claims against architects, engineers, surveyors, accountants and solicitors.
One of Kelly’s specialisms is construction law. Recent cases on which Kelly has been instructed include:
Northern Circuit Commercial Bar Association (Education Secretary)
British & Irish Commercial Bar Association.
Manchester Technology and Construction Court Users Group
Chambers UK 2021
"She is extremely hard-working and an excellent team player."
"She is technically excellent on the law and retains a very important ability to take a step back and ensure the client also has an eye on the commercial realities of a case and possible creative solutions. She is thorough and compelling in her drafting and powerful on her feet." "She is able to express the law extremely clearly in a very accessible way." "Her attention to detail is second to none."
Legal 500, 2021
‘Kelly is a real iron fist in a silk glove. Unassumingly ferocious, she bides her time and then delivers her strike calmly, and with total authority. Even the most difficult client or opponent cannot help but be disarmed. Her technical knowledge of her practice area is second to none. Kelly is a joy to work with and endorses a collaborative approach which makes her an extremely valuable team member.’
‘She gets to grips with the detail of the case very quickly and gives robust, commercial advice. Willing to listen to clients concerns and able to explain why they have to be put to the judge in a certain way. Very approachable and user friendly.’
Legal 500, 2020
"A tenacious advocate."
Chambers UK 2020
"She oozes confidence and is completely unflappable - it doesn't matter what the other side throw at her, she's always totally in control." "She is consistently excellent and provides very strong, robust and tactical advice that clients really appreciate."
"She is brilliant and has a very good reputation for construction work. She is very calm and collected with clients and when she is in court." "She is really proactive, knowledgeable and so easy to deal with, as well as very good on written advice."
Chambers UK 2019
"She is technically excellent – she is able to digest and cut through complex facts and legal issues to give practical and commercial advice which is tailored to the client’s objectives. She is very user-friendly, extremely responsive and has a very good manner with clients." "Her technical knowledge and drafting skills are exceptional, and she is extremely attentive, turning matters around within relatively short time-frames."
"She is very smart, very responsive and easy to communicate with." "She has strong knowledge of the law."
Legal 500 2019
"A fantastic, persuasive advocate."
Chambers UK 2018
"Impressive counsel. Quick, succinct and always responsive." "Brilliant legal and practical approach."
"She provides very detailed, robust and tactical advice that is very assuring and greatly appreciated by clients." "She is like a silk for the price of a junior."
Legal 500 2018
"A specialist in commercial disputes."
Chambers UK 2017
"She is very tenacious, superb on her feet and intellectually head and shoulders above almost any other counsel I can think of in her field." "She's very strong in court, good with clients and oozes confidence - generally speaking, one of the top barristers in Manchester."
“Rapid and pragmatic with a thorough grasp of the legal issues.”
Legal 500 2017
"An analytical genius."
Chambers UK 2016
"Tenacious in court and very bright." "Terrific. She has a great command of the documents."
"She is both a good academic lawyer and a hard fighter on her feet in court." "Her pleadings are to the point, clear and concise."
36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082
5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123
Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570
Andrew Singer QC and Kelly Pennifer present a new paper 'Economic Torts and Construction Disputes'
Andrew Singer QC and Kelly Pennifer delivered a well received seminar to over 100 delegates at the Society of Construction Law in London on 4 June 2019 on “Economic Torts…
Premier League Football Dispute: David Casement QC and Kelly Pennifer successfully defend first round appeal battle
Emotional deregulation and the use of anticipatory declarations in the Court of Protection
When is a settlement not full and final? Tomlins and the CCA
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