Ruth Keating

Ruth is ranked as ‘Rising Star’ in the Legal 500, 2024.

Ruth is an editor of the Environmental Law Bulletin (published by Sweet & Maxwell) and has co-authored, with Nigel Pleming KC, the chapter on Climate Change Litigation in the UK in ‘Climate Change Litigation: Global Perspectives’. She is a contributing author to ‘The Law of Net Zero and Nature Positive’ and the forthcoming book ‘Nuclear Law: The Law Applying to Nuclear Installations and Radioactive Substances in its Historic Context’.

Ruth is a member of the British Institute of International and Comparative Law’s International Expert Group created to produce a ‘Global Toolbox on Corporate Climate Litigation’. She is also a committee member of ESG and Sustainability Group for the Society for Computers and Law.

Ruth regularly records a podcast with Camilla ter Haar on the construction industry and climate change issues. They are joined by industry guests to discuss the big topics facing the sector in reaching net zero.

Cases of note

Her experience includes:

• Junior counsel representing the Office for Environmental Protection (OEP) in the Supreme Court in R (on the application of Finch on behalf of the Weald Action Group) (Appellant) v Surrey County Council and others (Respondents) [2024] UKSC 20 – this was the first time the OEP intervened in a case, reflecting its significance as one of the most important environmental appeals to come before the Supreme Court. The majority judgment (at [50]) noted in particular the helpfulness of the OEP’s submissions to the Supreme Court. (Led by Stephen Tromans KC.)
• Junior counsel representing the OEP in two current appeals: the Supreme Court appeal in C G Fry & Son Limited (Appellant) v Secretary of State for Housing, Communities and Local Government (formerly known as Secretary of State for Levelling Up, Housing and Communities) and another (Respondents) UKSC/2024/0108 and in the Court of Appeal in R (on the application of Rights: Community: Action Limited) v Secretary of State for Levelling Up, Housing and Communities CA-2024-001754. (Led by Stephen Tromans KC.)
• Junior counsel in R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) (Respondents) v North Yorkshire County Council (Appellant) [2020] UKSC 3 – an appeal concerning the meaning of preserving “the openness of the Green Belt” in the context of mineral extraction. (Led by Peter Village KC, James Strachan KC and Ned Helme.)
• Carried out a large scale review for the OEP of the effectiveness of the environmental assessment regimes (EIA, SEA and HRA). This was then presented to Parliament pursuant to section 29(2) of the Environment Act 2021. That report is available here. 
• Junior counsel in R (Welsh Ministers) v Secretary of State for Work and Pensions: Counsel General for Wales v Gareth Allen and others [2022] EWHC 647 (Ch) – acting for the Secretary of State for Business, Energy and industrial Strategy in relation to a claim made by the Welsh government relating to the insolvency of the former Baglan Bay power station. (Led by Katherine Apps KC.)
• Junior counsel in a judicial review challenging the grant of planning permission to two intensive meat poultry buildings – grounds included a failure to: assess the likely significant effects of ammonia emissions; the impacts of manure spreading and the impacts of the proposed development in terms of its contribution to climate change.
• Acted as junior counsel in the Good Law Project’s challenge to the Department for Energy Security and Net Zero’s decision to exclude onshore wind from its policy on energy infrastructure. (Led by David Wolfe KC and Peter Lockley.)
• Advises large organisations on the impact of draft legislation including the draft provisions of the Environment Bill (as it then was) and the Levelling-up and Regeneration Bill. 

Ruth has worked on a wide variety of different of disputes spanning litigation, adjudication and arbitration – acting as both sole counsel and junior counsel in a larger team. She routinely acts in adjudications and adjudication enforcement proceedings, drafts pleadings, provides advice and appears at both interim applications and trials.

She provides regular training on relevant topics in these areas and is a contributing editor to the current edition of Wilmot-Smith on Construction Contracts.

Ruth regularly records podcast episodes with Camilla ter Haar on the construction industry and climate change issues. They are joined by industry guests to discuss the big topics facing the sector in reaching net zero.

Cases of note

Recent experience includes:

• Acting as junior counsel in respect of an ongoing dispute concerning a large football stadium. Ruth’s work on this case involves a series of adjudications and preparation for litigation.
• Approved counsel for European Organization for Nuclear Research (known as CERN) to provide contract drafting and dispute resolution advice in respect of the building and infrastructure works at the CERN site in Switzerland and France, in particular in relation to FIDIC-based contracts.
• Instructed in a construction arbitration worth over USD 1.4 billion concerning termination, delay and consequential losses arising out of a large infrastructure under ADCCAC Arbitration Rules. (Led by Adam Robb KC.)
• The Rugby Football Union v FM Conway Limited [2023] EWCA Civ 418 – junior counsel at first instance and on appeal. Issues included the scope of the co-insurance defence under an “all risks” project policy, the means by which identified and unidentified parties participate in a project policy and a contractor’s insurable interest in the project property after the completion of its works. (Led by Karim Ghaly KC and Alexandra Bodnar.)
• Ruth frequently acts in building safety cases both in the TCC and FTT. She acted as junior counsel in Secretary of State for Levelling Up, Housing and Communities v Grey GR Limited Partnership [2024] 4 WLUK 558 – the first application made by the Secretary of State for a remediation order under section 123 of the Building Safety Act 2022. Ruth also acted as junior counsel to a core participant in the Grenfell Tower Inquiry.
• Advising and acting as junior counsel in a dispute regarding a significant Low-to-Zero Carbon district heating network.
• Acting as junior counsel in an ongoing £60m defects and subsidence dispute.
• Acted as junior counsel in several arbitrations, including in respect of a nuclear power plant, a large casino and a significant airport project.
• Acted in several professional negligence claims against construction professionals - including appearing in several multi-day trials as sole counsel.

Ruth regularly appears as both sole and junior counsel in judicial review challenges. She is a member of the Attorney General’s C Panel of Junior Counsel to the Crown.

Ruth is called to the Bar of Ireland and has rights of audience before the courts of the European Union.

She is also a contributor to the ‘Making Lawful Decisions: a guide for decision-makers on acting within the law’ (September 2024).

Cases of note

Her experience includes:

• Junior counsel, led by First Treasury Counsel, in several challenges to government funding decisions.
• Junior counsel, led by Andrew Tabachnik KC, representing the Solicitors Regulation Authority (intervening) in the Supreme Court appeal in Competition and Markets Authority (Respondent) v Flynn Pharma Ltd and another (Appellants) [2022] UKSC 14.
• Acted as junior counsel in several judicial review challenges concerning the COVID-19 vaccination programme, including: the priority groups for COVID-19 vaccination and vaccination for under-18s (led by Catherine Dobson and Ewan West). See for example R(on the application of AB (a child by her mother and litigation friend)) v Secretary of State for Health and Social Care [2022] EWHC 1996 (Admin).
• SM v Lord Chancellor [2021] EWHC 418 (Admin), acting as junior counsel, led by Catherine Dobson, in a case concerning access to legal advice under the Detained Duty Advice Scheme for immigration detainees held in prison.
• Acting as junior counsel, led by Victoria Butler-Cole KC and Steve Broach, in a proposed challenge to the lack of a national framework for treatment prioritisation during the Covid-19 pandemic, if demand for life-sustaining treatment outstripped available resources.
• Junior counsel in a judicial review claim concerning the remedies available for children making a discrimination claim in the First-tier Tribunal.
• Instructed as junior counsel by a core participant in the Grenfell Tower Inquiry.

Ruth has extensive experience in a wide range of commercial matters – both litigation and arbitration.

Cases of note

Her experience includes:

• Ruth is currently instructed as a member of the legal team offering legal advice and support to the Foskett Panel. The Foskett Panel is reassessing the direct and consequential losses suffered by victims of the fraud committed at the HBOS Impaired Assets unit based at Reading and Bishopsgate.
• Instructed as junior counsel in a cross-border dispute which raised issues of jurisdiction and the recognition and enforcement of foreign judgments.
• Instructed as junior counsel in a large civil fraud matter, focusing on anti-money laundering.
• Sole counsel in a successful High Court application for a Norwich Pharmacal order. The application related to substantive proceedings, in which Ruth was instructed as junior counsel, concerning an alleged Ponzi Scheme.
• Acting as expert in the Irish High Court on enforcement of electronic signatures under English law.
• Ruth has particular experience in advising organisations in environmental and climate law issues arising in the context of private and commercial disputes.