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Rebecca Keating has a broad commercial practice, with particular advocacy and advisory experience in the following areas:
Rebecca has been called to the Bar of England and Wales (2017) and to the Bar of Ireland (2019).
Rebecca acts in and advises on a variety of technology related disputes. Rebecca’s experience includes disputes and advisory work ranging across all areas of technology including software, hardware, cloud services and emerging technologies.
Rebecca has a longstanding interest in technology. Prior to joining Chambers, Rebecca worked at Dropbox’s European Headquarters. While at Dropbox she worked with companies across different industries and with Fortune 500 companies located in Europe, the Middle East and South Africa. Her work focused on assisting clients in the large-scale deployment of cloud technology.
Rebecca is a committee member of the Society for Computers and Law Women in Technology group and a committee member of the Tech Disputes Network.
Rebecca has published several articles on the topic of technology and the law in both national and international publications. She is also a contributing author to “The Law of Artificial Intelligence” (Sweet & Maxwell, 2020). She speaks regularly on the legal implications of emerging technologies such as quantum computing, AI and blockchain.
Instructed as junior counsel in the Post Office Group Litigation (Bates & Ors v the Post Office Ltd (No 6: Horizon Issues)  EWHC 3408 (QB)), a group action brought by over 500 current and former sub-postmasters who alleged defects in the Post Office’s retail and accounting computer system.
Instructed as junior counsel in a patent dispute regarding software and algorithms for quantum computers.
Instructed as sole counsel in various disputes involving cryptoassets (relevant issues considered include hacking, tracing and misuse of traditional bank accounts for cryptotrading).
Instructed as sole counsel advising a subscription provider on its existing terms of service and grounds to charge its commercial clients additional fees for user growth.
Instructed as junior counsel advising on a claim for injunctive relief seeking that a party be compelled to update software.
Instructed as junior counsel in various claims for breach of contract and negligence arising out of telecoms outages across Europe.
Instructed as junior counsel in a claim regarding termination of a supply agreement in the telecoms sector.
Instructed as junior counsel in several claims concerning the provision of bespoke software and application systems, which include allegations of breach of contract, negligence and misrepresentation.
Instructed as sole counsel in a dispute for breach of a licence agreement and misrepresentation in the provision of products and services.
Instructed as sole counsel in a dispute regarding system outages in a bespoke IT system and resulting losses.
Instructed as sole counsel in a claim for an injunction arising out of a third-party provider withdrawing access to a company’s website and servers.
Instructed as sole counsel in a claim for breach of contract arising out of the design of accounting software and the provision of hardware.
Instructed as sole counsel in relation to a claim for damages arising out of the design and build of a website.
Assisted in a software dispute concerning copyright infringement, breach of confidence and conspiracy.
Rebecca’s data protection and cyber security experience includes claims involving breach of confidence, hacking and failings in internal processes. She has assisted medium to large organisations across a variety of industries including healthcare, technology, banking, travel and insurance. While at Dropbox her work touched upon issues regarding data protection and data security in the context of cloud technology.
Instructed as junior counsel and sole counsel in relation to hundreds of claims, many of which involved representing large international companies, for alleged claims for distress, damages, and injunctions arising out of security incidents (including malware, phishing, DDoS and SQL injection) which led to third-parties gaining accessing to thousands of data subjects’ data (personal, sensitive and financial).
Instructed as sole counsel representing several large international companies regarding claims for alleged misuse of private information, breach of confidence and alleged breaches of PECR, GDPR and other data protection legislation arising out of the use of data subjects’ data (for example soft opt-ins, direct marketing campaigns).
Instructed as sole counsel defending several organisations in relation to claims arising out of the accidental sharing of sensitive information with third parties.
Instructed as sole counsel advising a public body on Standard Contractual Clauses and the scope of Schrems II.
Instructed as sole counsel advising on whether a series of breaches fell within the scope of the DPA 1998 or the DPA 2018/the GDPR.
Instructed as sole counsel advising on the scope of damages in light of the Supreme Court’s decision in Lloyd v Google.
Instructed as sole counsel defending claims regarding alleged failures to comply with SARs in a variety of contexts including medical and employment relationships.
Instructed as sole counsel in a dispute for a large insurer regarding an alleged failure to keep an accurate record as required under data protection legislation.
Instructed both as sole and junior counsel, advising and representing private clients and regulators in several banking, financial services and fintech matters.
Instructed as junior counsel by the FCA in a long-running case, culminating in a five-week trial, relating to pension switch activities and an automated advice model.
Instructed as sole counsel in a dispute regarding the hacking of a wallet resulting in the loss of cryptoassets and subsequent tracing of those assets. Drafted pleadings (relating to an injunction and the underlying claim) and advised on steps to pursue the hacker and the exchange which received the onward transfer. Instructed as sole counsel in a dispute regarding closure of a bank account for alleged misuse of the account for cryptoasset transactions.
Instructed as sole counsel in a dispute regarding closure of a bank account for alleged misuse of the account for cryptoasset transactions.
Instructed as sole counsel in various claim relating to alleged fraudulent bank transactions.
Advised a Fintech company in respect of the termination of a client account for speculative trading and refusing to account for profits to the client.
Instructed as sole counsel advising an organisation in relation to issues arising in its IT rollout relating to open banking.
Instructed as junior counsel advising on a purported breach of section 19 of FSMA arising from dealing in investments as principal in relation to commodity derivatives trading.
Instructed as sole counsel advising a financial adviser in relation to an appointed representative acting outside the scope of their instructions.
Instructed as sole counsel representing a large bank defending a claim that it was responsible for direct debits being received by an incorrect entity.
Assisted in a case brought by the FCA involving breaches of FSMA and the destruction of data relevant to proceedings.
Assisted in a case regarding the liquidation of a company found to be in contravention of FSMA.
Assisted in a dispute regarding directors’ duties and allegations of wilful default concerning a loan agreement impacted by the 2008 financial crisis.
Rebecca has experience of a wide range of commercial disputes, both in litigation and in arbitration. In addition to the commercial disputes listed above, Rebecca has been instructed in the following matters.
Instructed as sole counsel in a number of cases defending a leading car manufacture against claims under the Consumer Rights Act 2015 and for breach of guarantee/warranty for alleged defective vehicles.
Advised a global insurer in relation to business interruption insurance cover in the context of the coronavirus (COVID-19) pandemic in the UK in connection with the FCA test case (The Financial Conduct Authority v Arch Insurance (UK) Ltd and others).
Instructed as sole counsel representing a rare art dealer defending a claim for rescission of the contract and damages for fraudulent misrepresentation.
Instructed as sole counsel in claim between a gold and platinum award winning song performer and music manager relating to unpaid royalties.
Instructed as sole counsel in a claim regarding whether certain payment obligations, arising as a result of a failure to meet certain KPIs or SLAs, amount to a penalty provision.
Instructed as sole counsel in a claim relating to defects in a factory logistics system.
Instructed as sole counsel in a case relating to an alleged breach of director’s duties in the use of company funds.
Instructed as sole counsel seeking a declaration and mandatory injunction for delivery up of goods wrongfully retained.
Instructed as sole counsel in a case regarding a company director disputing liability under a personal guarantee entered into for the benefit of the company.
Instructed as sole counsel in a number of claims regarding rectification of the Companies House Register.
Instructed as sole counsel in relation to an insurance claim in respect of a public body’s alleged negligent misstatement in public records which resulted in pure economic loss.
Advised on a matter regarding the application of the Groundhandling Directive in relation to the supply of jet fuel to a European airport.
Assisted in an insurance dispute relating to the disclosure of criminal convictions.
Assisted in an insurance dispute relating to sexual harassment and directors’ and officers’ insurance cover.
Advised on a conflict of laws issue regarding the ability to rely on domestic law to invalidate an arbitration agreement.
Rebecca has acted in a wide range of energy and construction disputes. Rebecca’s experience has a strong international focus, including projects in Yemen, Qatar and Kuwait.
Instructed as junior counsel in Dana UK AXLE Ltd v Freudenberg FST GmbH  EWHC 1413 (TCC) (an application relating to the exclusion of expert evidence).
Instructed as junior counsel in a termination dispute concerning the construction of an oil and gas production facility in the Middle East.
Instructed as junior counsel in a number of claims arising out of PFI contracts including: a claim regarding cladding and fire defects which arose in the context of the financing, design and construction of a hospital; a claim regarding the scope and standard of work required under a PFI contract for the refurbishment and maintenance of a large housing project; and a claim arising out of a project relating to the conversion of housing on a number of sites.
Instructed as junior counsel in an application relating to a Qatari arbitration arising out of the Doha airport project.
Instructed as junior counsel in relation to a claim arising out of the alleged overheating of a large apartment complex.
Instructed as junior counsel and sole counsel in a number of adjudications.
Instructed as sole counsel advising on the meaning of possession and access under a JCT contract.
Assisted in an arbitration regarding an infrastructure project involving the construction of light rail and tramway.
Assisted in an ICC arbitration regarding the construction of a hospital in the Middle East.
Assisted in a case involving wind-related hazards arising out of the development of a large tower.
Rebecca has gained experience in a variety of professional negligence disputes. This experience includes allegations of negligence against software developers, consultants, surveyors, architects and lawyers. She also co-authored the chapter on professional liability in “The Law of Artificial Intelligence” (Sweet & Maxwell, 2020).
Rebecca is regularly instructed to appear as sole counsel in the High Court and County Court. Her experience includes trials, CCMCs and applications.
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