Aislinn Kelly-Lyth

Acting in a multi-million dollar Commercial Court case brought by McLaren against the racing driver Alex Palou (with Nick De Marco KC and Hollie Higgins).

Acting for Ancestry in relation to a request to re-use information held by the National Records of Scotland for its genealogical research service (led by Tom de la Mare KC). The case raised novel questions of interpretation of the Re-use of Public Sector Information Regulations 2015, and the EU Directive to which they give effect.

Acted for British Airways in major class proceedings in which the Claimant sought to claim flight delay compensation payments from BA and easyJet on behalf of millions of passengers using the representative procedure under CPR 19.8 (with Brian Kennelly KC and Tom Coates).

Acted for the respondent in successfully resisting a strike out / summary judgment application following claims brought in relation to data collection at sports events (with Kieron Beal KC and Celia Rooney). The judgment addressed the scope of the torts of inducing a breach of contract and unlawful means conspiracy.

Aislinn acted for a prospective claimant in relation to a breach of contract dispute. Settlement was achieved following preparation of a Request for Arbitration under the Rules of the International Chamber of Commerce.

Advised on a complex case raising issues relating to the application of statutory limitation periods to claims which accrued pre-1980.

Aislinn appeared for the defendant operator of a sports governing body in relation to a consumer contract dispute, and was successful in obtaining strike out of the claim.

Successfully acted for the Claimants in obtaining an order for sale of land in order to release funds to satisfy a secured debt.

Acted for the respondent in a significant commercial debt claim in relation to a contract for the provision of services. The dispute settled following service of the particulars of claim.

Aislinn acted for a netball club challenging a regulatory decision by a league. The claim settled following the hearing of an application for an interim injunction by the club.

Assisted in drafting a defence and counterclaim in response to claims of fraud and negligence (with Harry Adamson).

Aislinn worked on the Mirror Group phone hacking litigation (during pupillage, with Andrew Green KC and Harry Adamson). The case raised a number of complex issues, including the application of limitation periods in cases of partial concealment and the measure of damages for unlawful information-gathering.

Assisted in acting for the claimant company in an application for a worldwide freezing order and a discrete debt claim (with Harry Adamson).

Assisted in acting for the FCA in a challenge to its decision to prohibit the Applicants from engaging in regulated activities on the basis that they had acted without integrity (with Andrew George KC, Celia Rooney, and Ava Mayer).

Worked on sanctions compliance advice in the context of a proposed major corporate restructuring (with Brian Kennelly KC and Jason Pobjoy). The client was a corporate group including UK, EU and Russian entities.

Worked on advice regarding the payment of an outstanding debt in compliance with EU and UK sanctions law (with Brian Kennelly KC and Jason Pobjoy).

Advising on aspects of a proposed transfer of intellectual property rights in the music industry (unled).

Acted for the Claimant in a claim for deceit and unjust enrichment. The claim settled following correspondence in light of the draft particulars of claim.

Appeared unled before the Upper Tribunal in relation to an application for permission to appeal. The Appellants sought an order for the Information Commissioner to progress a complaint under section 166 of the Data Protection Act 2018. The application for permission to appeal was successfully resisted following a contested hearing.

Acting for Ancestry in relation to a request to re-use information held by the National Records of Scotland for its genealogical research service (led by Tom de la Mare KC). The case raised novel questions of interpretation of the Re-use of Public Sector Information Regulations 2015, and the EU Directive to which they give effect.

Aislinn acted for the Information Commissioner in relation to a data protection claim brought against the Commissioner and various other public bodies. The claim against the Commissioner was withdrawn shortly before the hearing, following exchange of skeleton arguments.

Aislinn regularly advises and acts for the BBC on information rights issues, including in First-tier Tribunal proceedings.

Worked with the ICO to establish the requirements of data protection law in the advertising technology (AdTech) context.

Advising private clients on causes of action in relation to a data breach (with Ravi Mehta).

Aislinn worked on the Mirror Group phone hacking litigation (during pupillage, with Andrew Green KC and Harry Adamson). The case raised a number of complex issues, including the application of limitation periods in cases of partial concealment and the measure of damages for unlawful information-gathering.

Acted for the ICO in relation to an application brought by a data subject for disclosure of data processed by the Information Commissioner for enforcement purposes. The claim was withdrawn by consent following exchange of skeleton arguments.

Represented the ICO in relation to civil proceedings for alleged misuse of private information and data protection law infringements. The claim was struck out following a hearing.

Provided advice on the data protection obligations applicable to liquidators.

Aislinn is acting for Visa in the Merchant Interchange Fee Umbrella Proceedings. She most recently acted as part of Visa's team in a lengthy hearing on pass-on (with Danny Jowell KC, Jess Boyd KC, Isabel Buchanan and Ava Mayer). Her work has also included attendance at various significant procedural hearings (with Laurence Rabinowitz KC, Daniel Piccinin KC, and Emily Neill), as well as appearing unled at various CMCs.

Aislinn is acting for Microsoft in proceedings relating to its licensing of the "Windows Server" software in the context of cloud computing (with Brian Kennelly KC, Jess Boyd KC, and Natasha Simonsen). The Proposed Class Representative seeks to recover an aggregate award of damages currently estimated as worth between c. £1.7 billion and £2.1 billion.

Advised on a potential claim for abuse of dominance (with Tristan Jones KC and Flora Robertson).

Worked on the challenge to the CMA’s decision to block the merger of Microsoft and Activision (with Lord Pannick KC, Brian Kennelly KC, and Jason Pobjoy).

Aislinn is acting for the Claimant in a judicial review challenge to the Government's decision to maintain licences for the sale of arms to Israel in the context of developments since October 2023 (in a team led by Phillippa Kaufmann KC, Raza Husain KC, and Blinne Ní Ghrálaigh KC).

Aislinn worked on a judicial review brought by ClientEarth in relation to the Financial Conduct Authority's decision to approve the prospectus of Ithaca plc (an oil and gas company) as a precondition to its admission to the official list and the offer of its securities to the public (with Andrew George KC, Harry Adamson, and Rayan Fakhoury). The claim raises significant issues of law of wider public importance concerning the disclosure of information relating to an issuer's exposure to climate-related financial risks.

Advised a regulator on the lawfulness of proposed enforcement action (with Andrew George KC).

Worked on a dispute relating to communication restrictions and other matters in respect of a high-profile prisoner (with Jason Pobjoy).

Worked on the challenge to the CMA’s decision to block the merger of Microsoft and Activision (with Lord Pannick KC, Brian Kennelly KC, and Jason Pobjoy).

Assisted in advising the Office of Financial Sanctions Implementation (OFSI) on matters arising under the Sanctions and Money Laundering Act 2018 (with Harry Adamson).

Worked on submissions to the Charity Commission on the proposed disqualification of trustees for alleged mismanagement of a charity (with Jason Pobjoy, case ongoing).

Worked on advice for the Home Office on the interpretation of the Terrorism Act 2000, including in light of principles of public international and international humanitarian law (with Celia Rooney).

Assisted in advising the Ministry of Justice on human rights compliance with respect to prisoners (with Jason Pobjoy).

Worked on advice in relation to proposed statutory changes to the allocation of social housing (with Jason Pobjoy).

Worked on advice for the FA in relation to football agents’ payments (with Adam Lewis KC and Jason Pobjoy).

Assisted Celia Rooney in acting for the Premier League in an arbitration relating to a club’s breaches of Rule L of the Premier League Rules.

Assisted in advising on the consequences of the ECtHR’s decision in Coventry v United Kingdom on costs orders requiring payment of success fees and after the event insurance premiums to successful claimants (with Jason Pobjoy).

Aislinn acted for the employer in an unfair dismissal claim. The claim was struck out on limitation grounds following a preliminary hearing.

Aislinn advised on an allegation of unlawful deductions from wages. The claim settled following correspondence in light of the advice.

Aislinn is acting for the Claimant in a case concerning the meaning of "less favourable treatment" and the correct approach to causation in establishing discrimination on grounds of part-time status for the purposes of the Part-Time Workers Regulations. (Led by Tristan Jones KC, currently under appeal to the Supreme Court.)

Assisted Craig Rajgopaul in acting for a large financial institution resisting claims including alleged disability discrimination. Following a preliminary hearing, the (professionally represented) claimant was found not to be disabled by reason of either asthma or oral allergy syndrome. Aislinn worked on the disability issue as well as various complex jurisdictional and vicarious liability points.

Worked on an expedited arbitration in relation to a team move (with Craig Rajgopaul). Aislinn’s work covered issues such as the scope of the arbitration clause and the arbitral tribunal’s powers to grant an interim injunction.

Aislinn assisted in advising a major sports body on whether the conduct of a person regulated by it constituted a breach of that body’s equality rules (with Craig Rajgopaul).

Assisted in drafting the Grounds of Resistance for a respondent law firm defending claims of inter alia whistleblowing detriment, automatically unfair dismissal, indirect discrimination, failure to make reasonable adjustments, harassment, unauthorised deduction from wages, and breach of the Working Time Regulations 1998 (with Craig Rajgopaul).

Aislinn acted (unled) for the claimant in a claim for unfair dismissal and unlawful deductions from wages. The claim settled following a preliminary hearing.

Aislinn is acting for the Claimant in a judicial review challenge to the Government's decision to maintain licences for the sale of arms to Israel in the context of developments since October 2023 (in a team led by Phillippa Kaufmann KC, Raza Husain KC, and Blinne Ní Ghrálaigh KC).

Worked on a dispute relating to communication restrictions and other matters in respect of a high-profile prisoner (with Jason Pobjoy).

Worked on advice for the Home Office on the interpretation of the Terrorism Act 2000, including in light of principles of public international and international humanitarian law (with Celia Rooney).

Worked on advice in relation to proposed statutory changes to the allocation of social housing (with Jason Pobjoy).

Assisted in advising the Ministry of Justice on human rights compliance with respect to prisoners (with Jason Pobjoy).

Assisted in advising the Office of Financial Sanctions Implementation (OFSI) on matters arising under the Sanctions and Money Laundering Act 2018 (with Harry Adamson).

Assisted in advising on the consequences of the ECtHR’s decision in Coventry v United Kingdom on costs orders requiring payment of success fees and after the event insurance premiums to successful claimants (with Jason Pobjoy).

Assisted Celia Rooney in a copyright dispute relating to Kanye West’s song “Power”.

Aislinn worked on the Mirror Group phone hacking litigation (during pupillage, with Andrew Green KC and Harry Adamson). The case raised a number of complex issues, including the application of limitation periods in cases of partial concealment and the measure of damages for unlawful information-gathering.

Drafted particulars of claim in relation to a copyright dispute regarding a song performed by an opera singer (with Celia Rooney).

Advising on aspects of a proposed transfer of intellectual property rights in the music industry (unled).

Acting in a multi-million dollar Commercial Court case brought by McLaren against the racing driver Alex Palou (with Nick De Marco KC and Hollie Higgins).

Aislinn acted for a netball club challenging a regulatory decision by a league. The claim settled following the hearing of an application for an interim injunction by the club.

Aislinn appeared for the defendant operator of a sports governing body in relation to a consumer contract dispute, and was successful in obtaining strike out of the claim.

Worked on advice for the FA in relation to football agents’ payments (with Adam Lewis KC and Jason Pobjoy).

Assisted Celia Rooney in acting for the Premier League in an arbitration relating to a club’s breaches of Rule L of the Premier League Rules.

Assisted Celia Rooney in a week-long disciplinary hearing in relation to charges brought under the British Ice Skating rules.