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
Clerked by:Gary Young
"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."
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:
- agency & commercial agency
- banking & finance
- breach of fiduciary duty/confidence/restrictive covenants & injunctions restraining the same (including springboard/team move injunctions)
- civil fraud and asset preservation/recovery (including freezing injunctions & search orders)
- construction (commercial/higher value domestic, litigation/arbitration/adjudication)
- credit & suretyship (including higher value consumer credit)
- general business contract disputes
- non-domestic business rates
- sale/carriage of goods (international & domestic)
- share purchase/business purchase/shareholder agreement disputes
- supply of goods and services
- professional negligence (building professionals/accountants/solicitors)
Year of Call: 1994
Areas of Expertise
Banking & Finance
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:
- a solicitor who had misappropriated £300,000 of client moneys (search order and freezing injunction obtained);
- an employee for the theft of £300,000 (passport order, freezing injunction, Norwich Pharmacal orders obtained, employee committed to prison for 8 months for breach of the injunctions);
- against 17 defendants in a highly organised £500,000 fraud (freezing injunctions and Norwich Pharmacal orders obtained).
One of Kelly’s specialisms is construction law. Recent cases on which Kelly has been instructed include:
- a claim by in excess of 40 homeowners against the developer of properties in a prestigious development that are alleged to suffer from development wide defects with the costs of remedial works estimated at an average of £100,000 per property;
- a claim against the guarantor of an employer’s obligations on a large commercial project who is alleged to owe the contractor £1.7 million.
Kelly specialises in all aspects of commercial dispute resolution. Recent cases include:
- €12million and £6million breach of contract claims following the closure of a pharmaceutical manufacturing plant in year two of five-year minimum term contracts;
- a £2.5 million claim for damages resulting from diversion of work away from a supplier consequent on alleged unsuccessful attempts to solicit bribes;
- defending a claim for permanent injunctive relief and £6 million damages brought by BSkyB consequent on the misappropriation of its customer database.
Significant Reported Cases
- Broder v Chess Ltd  EWHC 1688 (Ch)
- Kinney v Chesterfield Falcon Ltd & Ors (Lawtel 19/01/12)
- British Sky Broadcasting Group Plc & Ors v Digital Satellite Warranty Cover Ltd & Ors  EWCA Civ 2642 and  EWHC 3679
- Cream Holdings Ltd v Banerjee  UKHL 44
Kelly is regularly instructed in professional negligence cases associated with her main areas of practice including claims against architects, engineers, surveyors, accountants and solicitors.
Northern Circuit Commercial Bar Association (Education Secretary)
British & Irish Commercial Bar Association.
Manchester Technology and Construction Court Users Group
Chambers & Partners 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.’
Legal 500 2017
‘An analytical genius.’
Chambers & Partners 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.”
Chambers & Partners 2016:
Commercial Dispute Resolution (Northern Bar) : "Tenacious in court and very bright." "Terrific. She has a great command of the documents."
Construction (Northern/North Eastern Bar) "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."
Chambers & Partners 2015:
Commercial Dispute Resolution (Northern Bar) : "She's extremely good - fantastic in court, good with clients, calm; she's just very impressive." "She has a razor-sharp mind with a fantastic eye for detail."
Construction (North Eastern Bar) "She is absolutely superb. She reviews the papers very quickly and gives clear, practical and pragmatic advice on the merits and tactics of the case."
Chambers & Partners 2014:
Commercial Dispute Resolution (Northern Bar) : "She is very intelligent, grasps the detail exceptionally quickly and understands the client’s broader commercial concerns; she is robust in her advocacy but considered in her advice.” “Always meticulously prepared, extremely bright and detail orientated."
Construction (North Eastern Bar) : "She is a strong performer. She puts across all the points she needs to put and judges like her.”