Charlotte Kelly

Civil litigation

Charlotte accepts instructions across all areas of civil litigation, spanning personal injury, professional negligence, inquests, wills & probate, property and contractual disputes.  

Charlotte accepts instructions to attend the County Court on a wide range of civil hearings and has also conducted appeal hearings and case management hearings in complex and high value multi-track claims before masters sitting in the Queens Bench Division of the High Court.

Charlotte's recent civil litigation work includes:  

• Successfully appealing judgment in a multi-track trial on the basis the court had erred in law and exceeded its jurisdiction.  
• Representing a claimant at a quantum only trial in which fundamental dishonesty had been raised and findings were sought.  
• Advising on boundary disputes and their implications with planning permission granted with sale.  
• Advising on contractual disputes arising during covid-19, focusing on frustration and force majeure. 
• Representing Claimant in a breach of contract dispute in a complex multi-track case 

Additionally, Charlotte regularly accepts instructions to advise on liability, quantum, and settlement at all stages in proceedings as well as drafting statements of case.  

Charlotte also represents clients at ADR appointments including arbitration, judicial mediation to provide frank and clear advice to clients throughout. 

Charlotte draws on her experience gathered in areas such as public law, clinical negligence, fatal accidents, road traffic accidents and employment to offer representation at inquests to all potential parties. Charlotte represents bereaved families, individuals, statutory bodies and companies at inquests. 

Charlotte accepts instructions at all stages of the process and can review and advise on the potential civil litigation options after an inquest. 

Employment

Charlotte acts for both claimants and respondents in preliminary and final hearings in the Employment Tribunal as well as drafting and advising on the full range of employment disputes and issues. 

Her recent employment and discrimination work includes: 

• Successfully representing a Respondent in a multi-day unfair dismissal and discrimination case, involving arguments of redundancy and sex and disability discrimination. 
• Successfully representing a Claimant in respect of Garden leave and redundancy payments whilst running an alternative case for unfair dismissal.  
• Advising on the merits of claims for unfair dismissal, wrongful dismissal, redundancy, notice and holiday pay and all forms of discrimination. 
• Representing parties in preliminary hearings, including making applications for strike out and for deposit orders. 

Property 

Charlotte has developed a diverse practice in Property Law and represents both landlord and tenant whilst acting in both residential and commercial property cases.  

Charlotte has represented Tenants with severe mental health issues and those facing homelessness and has the ability to understand cases from both the personal and commercial perspective to ensure that each case is run fairly and fully.  

Given the breadth of work undertaken in this area Charlotte will give clear advice and represent each client robustly whether in a bid to negotiate or at trial.  

Family

Charlotte is instructed on a wide range of private law children proceedings, representing both applicants and respondents. Charlotte regularly attends FHDRAs, DRAs, and multi-day fact-finding hearings and final hearings as well as hearings in enforcement proceedings. In addition, Charlotte routinely represents both applicants and respondents at injunction hearings under Part IV of the Family Law Act 1996, including ex parte hearings, return date hearings and contested final hearings. 

Charlotte also accepts instructions in financial remedies proceedings, having represented applicants and respondents in FDA and FDR hearings, final hearings and application hearings and has experience of representing clients in cases involving third party interveners.  

Charlotte's recent experience in this area includes: 

• Representing a Respondent Mother at a 5-day fact-finding hearing, resulting in all of the Mothers serious allegations being found proved with an additional overarching finding of coercive and controlling behaviour against the Applicant 
• Successfully representing the Applicant Father in enforcement proceedings whilst negotiating a variation to the child arrangements order including a shared live with order.  
• Representing a Mother in a fact find hearing in which findings were sought that allegations had been maliciously fabricated to prolong proceedings.  
• Persuading a court to depart from a Section 7 report recommendation in private children proceedings at a final hearing. 
• Persuading a court to include litigation conduct as an issue in matrimonial finance proceedings.  
• Representing the applicant in an international case involving the dissipation of assets whilst seeking capital orders.  
• Securing favourable terms of settlement to protect the position of an intervener in the context of matrimonial finance proceedings by way of roundtable negotiations. 
• Representing an applicant wife in roundtable negotiations and achieving terms of settlement, obviating the need for final hearing.  

A copy of Charlotte's privacy policy can be found here.

Charlotte Kelly is regulated by the Bar Standards Board, holds professional indemnity insurance with Bar Mutual and is VAT registered.