Photo of Ruth Kennedy

Ruth Kennedy

Call 2015

rkennedy@2tg.co.uk

+44 (0)20 7822 1200

Practice Overview

Ruth’s practice focuses on commercial litigation with particular interest in commercial fraud, insurance, professional negligence, employment, sport and travel. She also has significant experience in public law, at both a domestic and international level.

Prior to joining chambers, Ruth was a Research Assistant to Professor Philippe Sands QC working on Public International Law, ICSID Arbitrations and Court of Arbitration for Sport cases. She also previously worked as a Research Associate at UCL’s Judicial Institute and a Teaching Fellow in Public Law at UCL.

For the legal year 2016-2017 Ruth was Judicial Assistant to Sir Terence Etherton, Master of the Rolls. Her experience during this time included Miller and others v Secretary of State for Exiting the European Union (“the Article 50 litigation”) [2016] EWHC 2768 (Admin) and the first appeal from the Financial List Banco Santander Totta SA v Companhia de Carris de Ferro de Lisboa SA and others [2016] EWCA 1267.

Insurance

Ruth is instructed by insurers and claimants in insurance based disputes. She was recently instructed as part of a team advising on a multi-million pound solicitor’s negligence claim.

During her time working for the Master of the Rolls her experience included UK Insurance Limited v R&S Pilling t/as Phoenix Engineering [2017] EWCA Civ 259 which concerned whether motor insurance cover extended to liability for damage to the property of third parties as a result of fire caused by repair work while the vehicle was immobilised.

Ruth assisted Benjamin Browne QC, Roger Harris and Isabel Barter on the Supreme Court case Mohamud v Morrisons [2016] UKSC 11, now the leading case on vicarious liability.

She recently discussed the impact of the Supreme Court case AIG Europe v Woodman [2017] UKSC 18 on aggregating claims in Insurance Day (August 2017). Her article can be viewed here.

Professional Negligence

Ruth was recently instructed as part of a team advising on a multi-million pound solicitor’s negligence claim. She was also instructed by the Government Legal Department to assist with Lariam litigation; alleged breach on the part of the Ministry of Defence in prescribing the anti-malarial drug Lariam to deployed troops. She accepts instructions as sole counsel or part of a larger team.

Ruth has previously assisted Doré Green with a variety of high value professional negligence cases concerning construction and property damage.

Employment

Ruth receives instructions to act for both employers and employees in claims of discrimination and unfair dismissal as well as wage claims. Her recent instructions include drafting Particulars of Claim for an employee claiming compensation for sex and pregnancy discrimination as well as unfair constructive dismissal.

During her time with the Master of the Rolls she worked on Pimlico Plumbers v Gary Smith [2017] EWCA Civ 51, the landmark case on the distinction between self-employed and a “worker”.

Ruth has previously assisted Niazi Fetto with a number of complex employment disputes, including cases which concerned the type of reasonable adjustments that employers are required to make to accommodate their employees. Ruth’s expertise in matters of public law bolsters her grounding in this area.

Ruth’s recent publication in the New Law Journal “Unlawful fees & Out of time claims” discusses the practical implications of the Supreme Court decision in R (UNISON) v Lord Chancellor [2017] UKSC 51. The publication can be viewed here.

Travel

Ruth is building a practice in conflicts of law disputes and is frequently instructed in cases which involve a dispute about jurisdiction. During her time with the Master of the Rolls she worked on Banco Santander Totta SA v Companhia de Carris de Ferro de Lisboa SA and others [2016] EWCA 1267, the first appeal from the Financial List, which concerned the correct interpretation of Article 3(3) of the Rome Convention; if mandatory provisions of domestic law were to apply despite the presence of a choice of law clause.

Ruth assisted Marie Louise Kinsler on 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. It was a complex conflicts of law case which focused on the interpretation of the Foreign Limitation Periods Act 1984.

Sports Law

Ruth accepts instructions from players, clubs and regulatory authorities. She has a particular interest in contractual disputes.

She has discussed the merits of FC Barcelona’s claim for breach of contract against Neymar in Lawyer Monthly. Her article can be viewed here.

Commercial Fraud

Ruth accepts instructions in respect of all aspects of commercial fraud, including freezing and search orders and other without notice applications.

Commercial Dispute Resolution

Ruth acts for claimants and defendants in contractual and tortious commercial disputes. Recent instructions include acting for a university defending a claim by a former student for the refund of tuition fees on the basis of breach of contract.

During her time with the Master of the Rolls she worked on Banco Santander Totta SA v Companhia de Carris de Ferro de Lisboa SA and others [2016] EWCA 1267, the first appeal from the Financial List.

Public Law

Ruth has experience of high profile public law cases.

She is currently instructed by the 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.

During her time working for the Master of the Rolls she worked on Miller and others v Secretary of State for Exiting the European Union (“the Article 50 litigation”) [2016] EWHC 2768 (Admin), the landmark case which considered whether Article 50 could be triggered by use of the royal prerogative or if an Act of Parliament was needed.

Ruth also has experience in human rights issues arising in a commercial setting. She worked on Shlosberg v Avonwick Holdings Ltd [2016] EWCA Civ 1138, where legal professional privilege was evoked by a bankrupt in resisting disclosure of sensitive documents by the trustees and Stewart and others v Watts [2016] EWCA Civ 1247 where an almsperson was alleging discriminatory treatment following an eviction notice.

Public International Law

Ruth has expertise in inter-state disputes. As a Research Assistant to Professor Philippe Sands QC 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.

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