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:

• 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 – acting as sole counsel for the Respondent in an ICC arbitration advanced on the basis of the Commercial Agency Regulations (2021 – present)
• Acting as sole counsel for the Claimant in London Circuit Commercial Court proceedings against the allegedly fraudulent former directors of a company (2021)
• 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
• Acting 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 as “Up and Coming” in this area in Chambers & Partners and a “Rising Star” in Legal 500. She has been described as “a pleasure to work with: insightful and extremely responsive” and is “frequently instructed by governments, NHS trusts, universities, charities and clients in the financial services sector”.

Recent and current cases include:

• Acting for the Welsh Rugby Union defending allegations of sex discrimination;
• Cooney v Chief Constable of Cleveland Police – acted for a number of police forces successfully defending allegations that changes to a pension scheme were discriminatory against women (2021  – 2022)
• 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)
• RO v X (An NHS Trust) – acted for the Respondent NHS Trust in a complex race discrimination, victimisation and whistleblowing case (2020 – 2021)
• Acting in numerous applications for interim relief in cases where it is alleged that a claimant was dismissed because of whistleblowing (2020 – present)
• 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)
• Advising and acting a number of complex cases concerning restrictive covenants in contracts of employment (2019 – present)
• Craig Hughes v Virgin Active Limited – acted for the Respondent in a complex age, race and sex discrimination, whistleblowing and unfair dismissal claim (2019)
• X (a Professor) v Y (Russell Group University) – acting for the Claimant in an ongoing whistleblowing claim (2019 – present)
• Government of Catalonia v Mataro – acted as sole counsel for the Government of Catalonia in successfully defending an unfair dismissal claim arising out of Spain’s invocation of Article 155 of the Spanish Constitution in October 2017 (2018)
• A v Ministry of Defence (2018 – ongoing) – acting as sole counsel for the Claimant in a claim against the Ministry of Defence for stress at work at an international military base
• 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 (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] EWHC 960 (Admin))
• 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
• Nguyen v SSHD [2021] EWHC 254 (Admin) – acted for the Secretary of State for Home Office resisting an application for judicial review in a case concerning UK citizenship
• 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 – ongoing)
• 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.

As a Research Assistant to Professor Philippe Sands KC she assisted with the Mauritius v United Kingdom arbitration concerning the application of the Law of the Sea to the Marine Protected Area surrounding the Chagos Islands. She also worked on 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. Both cases involved collaborating as part of a large litigation team.

She has particular interest in cases involving decolonisation. She was previously instructed by the UK Foreign and Commonwealth Office to assist with the Kenya Emergency Group Litigation, a case involving over 40,000 claimants alleging abuse arising out of the Mau Mau uprising in Kenya during the 1950s.

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 accepts instructions from players, clubs and regulatory authorities with clients ranging from self-employed tennis coaches to the Welsh Rugby Union. She has a particular interest in employment and sponsorship disputes. She regularly appears in the High Court and Employment Tribunal.