Ben Kelly

Ben appears for and advises Defendants in all aspects of personal injury. He advises in conference and on paper, and drafts documents at all stages of litigation from intimation of claim through to trial and appeal.

Recent cases at trial include:

RTA

• Late presentation
• Staged/fictious accidents
• Phantom passengers
• Bogus “independent” witnesses
• Exaggerated claims
• Induced collisions
• Low velocity impact
• Significant credit hire claims

Employers’ Liability

• Extent of a school’s duty of care to a teaching assistant to avoid an assault by a child with special educational needs
• Accidents on constructions sites

Public Liability

• Accident befalling young child within a private nursery setting
• Application of McGeown v Northern Ireland Housing Executive in a tripping claim
• Guest slipping at a wedding reception
• Various trips, slips and falls on highways and on private property

Ben is approved by a number of large insurers in claims involving allegations of fraud and fundamental dishonesty. Such instructions usually, but not exclusively, arise in RTA claims.

He is experienced in drafting robust Defences, Counter Schedules and Parts 18 and 35 questions in such claims. He frequently advises in conference in order to proof insured drivers with a view to determining the strength of their evidence at trial.

Recent Cases

S v M – Preston County Court, 2024

Section 57 fundamental dishonesty finding made following cross-examination as to cycling activity recorded on Strava.

M v A – Liverpool County Court, 2023

£30,000 credit hire claim dismissed following cross-examination on basis that C was a motor trader and had been dishonest about his access to alternative vehicles.

C v A – Liverpool County Court 2023

Claim dismissed due to a failure to prove causation following cross-examination of C. C’s account of the onset and development of symptoms shown to be so at odds with what the medical expert had been informed as to undermine the basis of the expert’s opinion.

Manchester County Court, 2022

Claim dismissed on basis of fundamental dishonesty following cross-examination as to the Claimant’s Instagram account which showed him to have been taking part in and leading Salsa dance classes contrary to his accounts provided to medical experts.

Stoke-on-Trent County Court, 2022

Claim of C1 taxi driver, who brought claim for PSLA only, dismissed and finding of fundamental dishonesty made. Claim of C2 (owner of the taxi) also dismissed as C1’s claim failed on breach of duty. C2 ordered to pay contribution towards costs as he did not have QOCS protection as he brought claim for special damages only.

F v T – Sunderland County Court, 2021

Claim dismissed and finding of fundamental dishonesty made. C found to be dishonest about the circumstances of the accident and the injuries he purportedly sustained.

D v T & A – Liverpool County Court – 2021

Claim dismissed and finding of fundamental dishonesty made in credit hire claim with associated losses and personal injury totalling £50,000.

M & B v A – Preston County Court, 2020

Late presentation of injury claims by 2 Claimants. Both claims dismissed after trial.

S v K – Manchester County Court, 2019

Claimant taxi driver with claim for hire, recovery and storage in excess of £40,000 found to have been dishonest.

N v W – Birkenhead County Court, 2019

Instructions received for disposal hearing, advice provided to apply to set aside and withdraw admission of liability. Following the successful application, Ben drafted the Defence raising LVI and fundamental dishonesty. The claim was subsequently discontinued.

A v G & A – Sheffield County Court, 2019

Claimant taxi driver with credit hire claim of £20,000 found to have been fundamentally dishonest.

W v B – CCMCC (not yet transferred to C’s home Court), 2019

Tripping claim discontinued upon receipt of Defence raising fundamental dishonesty.

• Personal Injury Bar Association

• Deputy District Judge (Northern Circuit) 2024
• Fee-Paid Judge of the First Tier Tribunal 2024