Sean Kelly

Called 1990

He has detailed knowledge of the law and analyses the facts thoroughly and quickly. His advice to clients is strong and practical.

Legal 500 2022

About

Sean undertakes a broad range of Chancery and commercial work with emphasis on partnerships, company law, banking, contractual disputes, land law (including land registration), landlord and tenant and administration of estates. Sean has a science background and also deals with engineering and technical disputes.

As well as litigation, Sean is experienced in non-contentious drafting and transactional advice particularly with regard to companies and partnerships.

Authorised to accept public access work.

Sean has been an accredited mediator since 2011.

Areas of Expertise

Accolades

Sean undertakes a full range of Business and Property Court work with an emphasis on partnerships, company law, banking, contractual disputes, real property and administration of estates. Recent work includes:

  • Representing claimant in claim for mis-selling of structured collar loan of £13m
  • Representing farming partnership in claim in High Court and Court of Appeal relating to implementation of partnership option
  • Drafting LLP agreement for solicitors practice
  • Advising on enforcement of peer-to-peer lending agreement
  • Partnership claim relating to operation of joint capital account
  • Representing partner on strike-out application relating to misjoinder of additional parties and under payment of court fees

Barrister and Mediator Sean Kelly has acted in numerous mediations and provided expert determinations for numerous disputes.

He has been at the Bar since 1990 and has a particular expertise in Company law and partnership. However, he is instructed in a wide range of Chancery and commercial disputes. Sean has a wide experience of non-contentious drafting and of drafting the documents needed to settle disputes.

Sean has extensive experience of professional negligence claims relating to conveyancing, business sales and the sale of financial products.

Sean has extensive experience in relation to company and partnership disputes affecting estates.

Sean undertakes a broad range of work relating to property disputes including title disputes, conveyancing negligence, landlord and tenant (residential and business) disputes and easements.

Legal 500 2022 Tier 1 Chancery, Probate & Tax - He has detailed knowledge of the law and analyses the facts thoroughly and quickly. His advice to clients is strong and practical. ’

Chambers & Partners 2022 - Band 3 Chancery - "He is very experienced and adaptable."

Chambers & Partners 2021 Band 3 "Sean is very pleasant and very able." "He has great response times."

Legal 500 2021 - Tier 1 - Chancery, Probate and TaxExcellent collaborator. Doesn't take over a job but provides stable support and steer, especially on complex matters. Great with clients in conference and written advice is clear and concise.

Legal 500 2021 - Tier 2 - Commercial LitigationA calm and measured approach to instructions. Advice is always clear and straight to the point. Unflappable. Delivers excellent pleadings and documents which are concise and strike to the heart of the issues.

Legal 500 2021 - Tier 2 - Property and ConstructionAn impressive depth of knowledge in property law. Delivers advice on complicated issues in a way which lay clients can decipher and understand without difficulty.

Chambers & Partners 2020 - band 3 Experienced barrister recognised for his broad-based expertise on chancery and commercial matters. He advises on partnership disputes, professional negligence and insolvency cases. Kelly also handles non-contentious work and advises on transactional matters touching upon partnership and company law. Strengths: "He has a detailed grasp of the law and the ability to meet challenges by judges with a detailed response." "He has an encyclopedic knowledge and a very calm manner."

Legal 500 2020 - Tier 1 -  Commercial, banking, insolvency and Chancery lawVery good for banking law.

Chambers & Partners 2019 "Experienced barrister recognised for his broad-based expertise on chancery and commercial matters."

Legal 500 2018/2019 "He has a fantastic ability to quickly assimilate the key details in a case."

Chambers & Partners 2018 "Very good on his feet, calm, measured and friendly."

Legal 500 2017 "His cross-examinations are always a joy to watch."

Chambers & Partners 2017 "He is robust and gets to grips with a case quickly while not losing sight of the overall commercial objectives."

Chancery Bar Association, Northern Chancery Bar Association, Association of Partnership Practitioners

Jackson v Mulvaney [2003] 1 WLR 368 (CA). Extent of easement capable of being acquired by prescription. Re Taylor (A Bankrupt) [2007] Ch 150, HHJ Kershaw, QC. Retrospective permission to issue claim against bankrupt.

Faulkner v Benett [2011] EWHC 3702 (Ch), HHJ Hodge, QC. Validity of amendment to articles of association to require former members to transfer shares.

Liddle v Liddle [2017] BPIR 1538, HHJ Davis-White, QC. "Whether a debt can be partially ascertained for the purposes of a statutory demand."

Banks v Turner & Grainger 20/02/18 (Lawtel), HHJ Klein. Claim to strike out partnership action for misjoinder of additional parties.

Graham v Graham 08/05/18 (Lawtel) HHJ Pelling, QC. Proprietary estoppel relating to acquisition of land by one partner during partnership

Liddle v Liddle [2019] EWCA Civ 346 with the following explanation. “Date when sum due under a partnership option is ascertained”

Trent College; Selwyn College, Cambridge