Ruth Kennedy

Ruth has substantial experience acting both led and unled in the Commercial Court and in arbitrations under the LCIA, ICC and UNCITRAL rules. She has particular expertise in cases involving private international law issues and those that involve state actors.

She has previously acted for clients in the financial services, former professional footballers, insurance companies, entrepreneurs and governments.

Recent and current cases include:

• Otmar Szafnauer v Aston Martin Racing GP Ltd: Acting for Aston Martin Racing defending claims brought Otmar Szchafeur (former team principal) in the High Court (2023 – present)
• Guy Carpenter v Howden – Acting for Guy Carpenter in High Court team move litigation against Howden and certain of its former employees (2023 – present)
• Acting for a leading car manufacturer in a vehicle emissions group claim defending accusations of the presence of “defeat devices” in diesel cars (2021 – present)
• Acting in a commercial insurance dispute arising from the Grenfell Tower tragedy (2021 – present)
• M v N – acting for the Claimant in an arbitration under the UNCITRAL rules concerning an EU law and contractual claim for over £3million (2021)
• X v Y – acting for the Respondent insurers in an ad hoc arbitration defending a claim in excess of £100million for alleged business interruption losses caused by COVID-19 (2021 – present)
• A v B – acted as sole counsel for the Respondent in an ICC arbitration advanced on the basis of the Commercial Agency Regulations (2021 – 2022)
• P v Q [2020] EWHC 1688 (Comm) – acted in s. 68 proceedings (challenge for procedural irregularity) in relation to an LCIA Arbitration concerning sale and supply of organic produce from Eastern Europe
• Acted as sole counsel for an individual claimant in a high value claim for interest again a multinational investment bank (2019)
• Advising on jurisdiction issues in a multi-million pound commercial fraud case (2019)
• Re X Insurance – advising on the consequences of the insolvency of a foreign motor insurer in a claim worth circa £50 million (2018 – 2019)
• Working as part of a team of junior counsel in a multi-million pound dispute over a joint venture (2018)
• Aquinas v Miller and others [2018] EWHC 404 (QB) – acted as sole counsel for the First and Second Defendants resisting an application for a springboard injunction in the High Court

Ruth is an experienced employment practitioner who regularly appears in the Employment Tribunal, High Court and the Employment Appeal Tribunal. She has particular experience of acting in applications for injunctive relief including springboard injunctions and acting in “team move” litigation.

She is recognised in this area in Chambers & Partners and is a “Rising Star” in Legal 500. She has been described as a “superb advocate and a future star of the Employment Bar.”

Recent and current cases include:

• Otmar Szafnauer v Aston Martin Racing GP Ltd: Acting for Aston Martin Racing defending claims brought Otmar Szchafeur (former team principal) in the High Court (2023 – present)
• Guy Carpenter v Howden – Acting for Guy Carpenter in High Court team move litigation against Howden and certain of its former employees (2023 – present)
• Wathan v Welsh Rugby Union –  Acted for the Welsh Rugby Union defending allegations of sex discrimination from its former head of Women’s Rugby (2022 – 2023)
• X v Reverend Martyn Percy and Christ Church College – acted for the Claimant bringing allegations of sexual harassment against the former Dean of Christ Church College, Oxford University (2021 – 2022)
• Republic of Denmark v AC – acted for the Republic of Denmark defending claims of unfair dismissal (2021)
• Acted for an internationally renowned firm specialising in the production of rankings for the legal industry defending disability discrimination and constructive unfair dismissal claims made by a former manager (2019 – 2020)
• X v SSAFA – represented an international military charity in successfully defending an unusual claim for constructive unfair dismissal arising out of a child protection investigation in Cyprus (2018)
• Aquinas v Miller and others [2018] EWHC 404 (QB) – sole counsel for the first and second defendants. Ruth successfully resisted an application for continuation of a springboard injunction.

Ruth acts in judicial review and human rights claims and public inquiries. She is currently junior counsel to the Post Office Horizon IT Inquiry. She is ranked as a “Rising Star” in Public Law and Human Rights in the Legal 500.

Recent and current cases include:

• R (Friends of the Earth) v UK Expert Finance – acted for the Center for International Environment Law in its application to intervene in the Court of Appeal, making written submissions on the proper interpretation of the Paris Agreement (2022)
• R (All the Citizens) v Minister for the Cabinet Office and others and R (Good Law Project) v The Prime Minister and others – acting for the Defendant government departments in these joined judicial reviews of the use of private communications systems, including WhatsApp, for government business ([2022] EWCA Civ 1580)
• Post Office Horizon IT Inquiry – counsel to the Inquiry (2021 – present)
• BA v Derby City Council – acted for the intervening Secretary of State for Education in this case concerning Deprivation of Liberty orders made in respect of children ([2021] EWCA Civ 1867)
• R (Salvato) v DWP – appeared in the Court of Appeal for the Department of Work and Pensions on question of whether payment of the childcare element of universal credit is discriminatory under the ECHR and/or irrational ([2021] EWCA Civ 1482)
• Independent Inquiry into Child Sexual Abuse – counsel to the Inquiry for the Lambeth strand
• Lungowe v Vedanta [2019] UKSC 20 – acted as part of the counsel team for the Claimants in this Supreme Court case relating to alleged human rights and environmental abuses in a mine in Zambia.
• Kimathi v Foreign and Commonwealth Office – instructed by the UK Foreign and Commonwealth Office to assist with the Kenyan Emergency Group Litigation, a case involving over 40,000 claimants alleging abuse arising out of the Mau Mau uprising in Kenya during the 1950s
• Darnley v Croydon NHS Health Trust [2018] UKSC 50 – acted for the defendant NHS trust in the Supreme Court on the scope of the duty of care owed by receptionists in A&E

Ruth has built a strong practice in conflicts of law disputes and is frequently instructed in complex disputes regarding jurisdiction or applicable law. She is recognised as a “Rising Star” in Legal 500 in Travel and Jurisdiction. She has particular expertise in cases where there is an overlap with public international law issues. She is a member of the Attorney General’s Public International C panel of Counsel.

Current and recent cases include:

• Clarke v Generali (2020) – acted as sole counsel for the Defendant insurer in this High Court dispute arising out of a serious motorcycling accident in France (2020)
• Lungowe v Vedanta Resources plc [2019] UKSC 20 – acted as part of the counsel team for the Claimants in this important Supreme Court case concerning issues of jurisdiction arising out of a mine in Zambia.
• Re X Insurance – advising on the consequences of the insolvency of a foreign motor insurer in a claim worth circa £50 million (2018 – 2021)
• A v Ministry of Defence (2018 – 2021) – acted as sole counsel for the Claimant in a claim against the Ministry of Defence for stress at work at an international military base
• Ministry of Defence v Iraqi Civilians [2016] UKSC 25 – a case involving claims made by more than 600 Iraqi civilians alleging maltreatment at the hands of the Ministry of Defence

Ruth has expertise in inter-state dispute and domestic disputes involving state actors. She is a member of the Attorney General’s specialist Public International panel of Counsel. She also advises states in non-contentious settings.

Recent cases:

• R (Friends of the Earth) v UK Expert Finance – acted for the Center for International Environment Law in its application to intervene in the Court of Appeal, making written submissions on the proper interpretation of the Paris Agreement (2022)
• Advising states confidentially on questions of sovereignty over territories
• Mauritius v United Kingdom arbitration concerning the application of the Law of the Sea to the Marine Protected Area surrounding the Chagos Islands.
• Croatia v Serbia, a case where both sides were alleging genocide under the Genocide Convention 1948 before the International Court of Justice in The Hague.
• Kenya Emergency Group Litigation, acting for the Foreign and Commonwealth Office in a case involving over 40,000 claimants alleging abuse arising out of the Mau Mau uprising

Ruth is instructed in respect of all aspects of commercial fraud, including freezing and search orders and other without notice applications. From May to July 2019 Ruth was seconded to the Civil Fraud team at Peters & Peters Solicitors LLP. During this time she assisted with complex commercial fraud disputes.

Ruth has extensive experience of acting for sports regulatory bodies, clubs, players and associations across the range of forums including arbitrations, tribunals, disciplinary proceedings and Court of Arbitration for Sport.

Recent and current instructions include:

• The English Football League v Cardiff City FC: Acted for the English Football League defending arbitral proceedings brought by Cardiff City Football Club against a 3 window fee restriction after its failure to pay an instalment of the transfer fee of Emiliano Sala on time. The final agreed decision is available here (2023)
• Otmar Szafnauer v Aston Martin Racing GP Ltd: Acting for Aston Martin Racing defending claims brought Otmar Szchafeur (former team principal) in the High Court (2023 – present)
• Wathan v Welsh Rugby Union: Acted for the Welsh Rugby Union defending claims of sex discrimination brought by the former Head of Women’s Rugby (2022 – 2023).