Sean Kelly

Call: 1990

Introduction

After conducting practice for 20 years in Manchester, Sean is now firmly established in Leeds while maintaining strong links with his North West solicitors.

Sean undertakes a broad range of Chancery and commercial work. In recent years, Sean has concentrated on banking, company law, financial services, partnership, LLPs, professional negligence and the claims relating to the mis-selling of financial products

Sean has a science background and deals with engineering and technical disputes.

Since the mis-selling of interest rate swaps became widely recognised, Sean has become a leading specialist in this area with over 100 claims on behalf of customers with the largest of which being a claim relating to a structured collar equivalent loan for £13 million.

Sean is known for his attention to detail, thorough preparation and ability to think around a problem. As well as litigating, he has an extensive drafting and advisory practice.

Qualifications and Appointments:

  • Selwyn College, Cambridge BA (Natural Sciences and Law)
  • 1988 MA 1992 Gray’s Inn Entrance Scholarship and William Shaw Award
  • Authorised to accept instructions under public access
  • Accredited mediator

What the Directories Say:

Specialises in cases arising from the mis-selling of interest rate swaps and other financial products. He also has expertise in company law and partnership disputes as well as professional negligence claims arising from the sale of businesses and property. Expertise: “The written advice he gives is first-class. He is pragmatic and won’t lead you down a particular route without awareness of the financial consequences.”  CHAMBERS UK 2015.

Ranked in the 2014 Edition of Chambers & Partners

“His biggest strength is that he is not only very strong on paper, but he is also a very strong advocate, providing effective examinations and presentations at trial. He does not sit on the fence; he provides a firm view on the merits at the outset.” (2014 Chambers & Partners)

“He is very technical and he is very good at breaking down a problem into its constituent parts. He is also authoritative and knowledgeable in court” (2014 Chambers & Partners)

Recent Experience:

Sean’s recent experience includes High Court cases concerning

  • Proprietary estoppel relating to farm brought by son
  • Partnership claim relating to valuation of medical practice premises worth over £2 million
  • Extent of issue estoppel created by decision of Land Registry adjudicator
  • Partnership claim relating to removal of WIP from accounts of solicitors practice after retirement of two partners
  • Advising bank on loan of £4 million to limited partnership
  • Acting in dispute about defects in precision cutting machine for aviation components
  • Acting in claim relating to the mis-selling of a series of swaps and embedded swaps relating to a farm business to a total value of £7 million
  • Acting in claim relating to the mis-selling of a structured collar equivalent loan of £13 million and the actions of the bank thereafter

Reported Cases:

  • Jackson v Mulvaney [2003] 1 WLR 368 (CA) Extent of easement which can be acquired by prescription
  • Re Taylor (A Bankrupt) [2007] Ch 150 (HC) Jurisdiction of Court to give retrospective permission to commence proceedings against bankrupt. Requirement for first instance judges to follow first instance decisions
  • Lakeside Inns v Yorkshire Bank 26th January 2005 (HC) Misrepresentation of terms of interest rate swap agreement
  • Faulkner v Bennett
  •  [2011] EWHC 3702 (Ch) (HC) Validity of amendment to articles of company association with members club

Memberships:

• Chancery Bar Association

• Northern Chancery Bar Association

• Professional Negligence Bar Association

• Association of Partnership Practitioners

 


My Expertise