Aislinn Kelly-Lyth

Aislinn acted for the Defendant in a quantum trial in the Commercial Court (with Nick De Marco KC and Hollie Higgins). The proceedings were brought by McLaren against the racing driver Álex Palou. The case dealt with issues including recoverability of signing bonuses, and the legal test for proving losses caused by the actual and hypothetical actions of the parties to the claim, as well as third parties.

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, ongoing). The case has 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 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 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).

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.

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

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

Acted (unled) for the Claimant in a claim for deceit and unjust enrichment. The claim settled following sight of 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, ongoing). The case has 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.

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 (unled) for the ICO in proceedings for alleged misuse of private information and data protection law infringements. The claim against the ICO was struck out following a contested application.

Aislinn was previously seconded to the ICO. Her work covered issues such as data sharing within the advertising technology (AdTech) context, the lawfulness of international transfers of personal data, the appropriate technical and organisational measures required for ensuring data security in high-risk contexts, the minimum standards for data protection impact assessments (DPIAs), and the application of the personal data exemption under the Freedom of Information Act 2000. Aislinn also assisted the ICO in various legal challenges to its complaints handling processes.

Aislinn has been acting for Visa in the Merchant Interchange Fee Umbrella Proceedings since early 2024. She was part of Visa's team in a multi-week trial on pass-on over 2024 and 2025 (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), and unled appearances 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 KC).

Aislinn acted for the Environmental Law Foundation as an intervener in the Supreme Court on the Aarhus costs regime for environmental litigation (with Richard Wald KC, Ravi Mehta and Jake Thorold). Judgment is awaited.

Aislinn acted for a group of prospective students challenging the 'Student Visa Brake' (with Raza Husain KC, Raj Desai, and Darryl Hutcheon). The 'Brake' prevents new student visa applications submitted from outside the UK by nationals of Afghanistan, Cameroon, Myanmar, and Sudan.

Aislinn acted 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 (counsel team led by Phillippa Kaufmann KC, Raza Husain KC, and Blinne Ní Ghrálaigh KC).

Aislinn has been providing advice to the Ministry of Justice in relation to legal issues arising in respect of a high-profile prisoner (with Jason Pobjoy KC, on various occasions since 2023).

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 KC).

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 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 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 KC).

Aislinn has been investigating significant allegations raised in a workplace context (assisting Gemma White KC).

Aislinn acted (pro bono) for the successful Appellant in a Supreme Court 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).

Aislinn acted for the Defendant in a quantum trial in the Commercial Court (with Nick De Marco KC and Hollie Higgins). The proceedings were brought by McLaren against the racing driver Álex Palou. The case dealt with issues including recoverability of signing bonuses, and the legal test for proving losses caused by the actual and hypothetical actions of the parties to the claim, as well as third parties.

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.

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 KC). Aislinn’s work covered issues such as the scope of the arbitration clause and the arbitral tribunal’s powers to grant an interim injunction.

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).