2005 (England and Wales); 2011 (British Virgin Islands)
MA (Law), Gonville and Caius College, Cambridge (First Class)
BCL, Merton College, Oxford (Distinction)
BVC, Inns of Court School of Law (Outstanding)
Prizes and Scholarships
University of Cambridge
University Prizes for Top of Year in Second Year and Final Year (2002, 2003)
University Prizes for Best Performance in:
- Contract Law (2002)
- Equity (2003)
- Conflict of Laws (2003)
Gonville and Caius College
Schuldham Plate (jointly awarded, 2003)
(awarded for best overall academic performance by graduating student in any subject)
University of Oxford
Proxime Accessitto the Vinerian Scholarship on the BCL (2006)
University Prizes for Best Performance on the BCL in:
- Restitution (2006)
- Intellectual Property Rights (2006)
Eldon Scholarship (2007)
Inns of Court School of Law
Everard Ver Heyden Foundation Prize for Overall Performance on BVC (2005)
Prize for Best Overall Performance in Commercial Practice Options onBVC (2005)
Lord Mansfield Scholarship (2003)
Summary of Practice
Rupert has a broad commercial and civil practice, combined with significant experience of regulation and professional discipline (including in relation to solicitors, financial services and the aviation industry). He has particular experience in the following areas:
- Commercial Litigation and Arbitration
- Banking and Finance
- Regulation and Professional Discipline
- Professional Negligence
- Conflict of Laws and Jurisdiction
- Insurance and Reinsurance
- Energy and Natural Resources
- Intellectual Property
Rupert is ranked as an up and coming junior in the fields of both Commercial Dispute Resolution and Professional Discipline in Chambers and Partners 2012. Contributors described him as “extremely impressive” and as having “a first-class intellect” allied with a “pugnacious, commercial approach” and “maturity beyond his call”.
In 2012 he was also featured as one of ten ‘Stars at the Bar’ in Legal Week.
Recent Cases and Experience
Commercial Litigation and Arbitration
- Merlin Mineral Resources Limited v Kermas Limited: Acted for the Defendant (with Brian Doctor QC) in proceedings in the British Virgin Islands arising out of an agreement concerning the development of a nickel mining project in Burundi. The two week trial took place in November 2011. Currently acting in connected proceedings in the British Virgin Islands arising out of the misuse of confidential information disclosed during the course of the initial proceedings.
- Barclays Bank v Ibrahim  EWCA Civ 640,  4 All ER 160: Acted (with Patrick Goodall) for Barclays on the appeal brought by the claimant against the dismissal by Vos J of his claims against the bank: see  EWHC 1897 (Ch). The appeal was concerned with the law of subrogation and the law relating to the discharge of debts by a third party.
- HMRC v Ben Nevis (Holdings) Limited  EWHC 1807 (Ch): Currently acting (with Tim Howe QC) for the trustees of a Guernsey trust in connection with novel proceedings brought by HMRC to obtain relief under sections 423-425 of the Insolvency Act 1986 and to enforce a tax debt owed to the South African Revenue Service by a BVI company owned by the trust. The matter is due to be heard by the Court of Appeal in May 2013.
- Digicel v Cable & Wireless  EWHC 888 (Ch): Rupert acted as part of a team (led by Stephen Rubin QC) on behalf of Digicel in a 77 day trial before Morgan J of claims for breach of statutory duty and unlawful means conspiracy arising out of the liberalisation of the Caribbean mobile telecoms market. The trial included a significant decision on implied waiver of legal professional privilege:  EWHC 1437 (Ch).
Banking and Finance
Rupert has significant experience over a wide range of banking and finance matters, with particular experience of financial services regulation.
- Acted for a major UK bank in a claim brought by a customer for alleged breach of mandate and negligence relating to allegedly fraudulent cheque and internet banking payments made by a practice manager of a doctors’ practice.
- Acted as sole counsel for another UK bank in High court proceedings brought by customers for alleged losses arising out of allegedly incorrect credit reports sent by the bank to credit reference agencies. The 5 day trial of the claims took place in November 2012
- Barclays Bank v Ibrahim  EWCA Civ 640,  4 All ER 160: Acted (with Patrick Goodall) for Barclays on the appeal brought by the claimant against the dismissal by Vos J of his claims against the bank: see  EWHC 1897 (Ch). The appeal is concerned with the law of subrogation and the law relating to the discharge of debts by a third party.
- Acted (with Bankim Thanki QC) for a major UK bank in a regulatory dispute with the Financial Services Authority.
- Advised (with Bankim Thanki QC and alone) in connection with Financial Services Authority enforcement proceedings arising out of market abuse and breaches of listing rules.
- Acting (with Michael Brindle QC) for the Financial Services Authority on an appeal concerning the extend to which its decisions to issue warning notices and decision notices under FSMA 2000 are subject to challenge by way of judicial review. The appeal is due to be heard in February 2013.
- Instructed (with Nik Yeo) in relation to issues concerning the Greek sovereign debt crisis.
- Acted in relation to numerous disputes concerning the alleged mis-selling of financial products including derivative interest rate hedging products, mortgages and payment protection insurance.
- Acted in relation to many claims under guarantees, mortgage claims and claims in relation to consumer credit agreements.
Regulation and Professional Discipline
Rupert regularly acts in proceedings brought by or against solicitors including proceedings before the Solicitors Disciplinary Tribunal:
- Baxendale-Walker v Middleton & ors  EWHC 998 (QB): Acted on behalf of the Law Society (led by Marcus Smith QC) in High Court proceedings brought by a former solicitor claiming substantial damages as a result of alleged misfeasance in public office in connection with disciplinary proceedings which led to him being struck off the Roll. Rupert is now instructed in relation to various incidental and ongoing matters arising out and connected with these proceedings.
- R (on the application of Coatman) v Council for Licensed Conveyancers  EWHC 1648 (Admin): Acted (with Hodge Malek QC) in judicial proceedings brought against the Council arising out of a decision to refuse to make a grant from its compensation fund.
- Iqbal v Solicitors Regulation Authority: Rupert acted as sole counsel for the SRA on am application to strike out claims for alleged misfeasance in public office and unlawful interference with a solicitor’s right to peaceful enjoyment of possessions arising out of the conduct of a forensic investigation into his practice
- Rupert has acted on behalf of the Solicitors Regulation Authority (both with Tim Dutton QC and alone) in obtaining injunctions in support of its statutory powers of intervention.
- Instructed on behalf of the Law Society (with Tim Dutton QC) in relation to High Court proceedings against individual solicitors to recover a shortfall on a firm’s client account caused by breaches of the Solicitors Accounts Rules 1998.
- Acted for the Law Society (with Tim Dutton QC) in proceedings brought by a solicitor which concern the human rights implications of the Law Society’s statutory powers to intervene into the practice of a solicitor.
- Acting for the Law Society (with Tim Dutton QC) in relation to a number of claims concerning losses suffered at the hands of bogus law firms.
- Advised a firm of solicitors in relation to a referral of their conduct by the Solicitors Regulation Authority to an adjudicator.
- Appeared on a number of renewed applications for judicial review of regulatory or disciplinary decisions of the Solicitors Regulation Authority and other bodies.
Rupert has also acted for the respondent in an appeal to the High Court against a decision of the Pensions Ombudsman (see Wheeler v Southern Water Services Ltd  EWHC 1876 (Ch) and has substantial experience of financial services regulation (see ‘Banking and Finance’ above) and the regulation of the airline industry (see ‘Aviation’ below).
Rupert has significant experience of aviation disputes and airline regulation.
- Acted (with Akhil Shah QC) for an aircraft operator in High Court proceedings concerning a dispute with an aircraft owner over the non-payment of fees due under a private agreement for the operation of an aircraft.
- Advised a major international hotel chain in connection with a dispute with an airport over excessive charges for shuttle bus access to the airport.
- Advised the Civil Aviation Authority (with Bankim Thanki QC) on various matters including regulatory aspects of international airline merger proposals and issues arising in connection with the ATOL scheme including matters connected with the collapse of various ATOL holders.
- Advised (with Bankim Thanki QC) on matters arising out of the collapse of Oasis Hong Kong Airlines.
- Advised (with Bankim Thanki QC) a major international airline in connection with a trade mark licensing dispute.
- Acted for South African Airways (with Bankim Thanki QC) in Commercial Court proceedings concerning the alleged late redelivery of an aircraft under a lease.
Rupert has been instructed in relation to a number of claims against professionals, including:
- Solicitors, including advising in relation to alleged negligence in respect of client identification checks and in relation to the registration of charges over property and breaches of undertaking.
- Accountants, including (with Mark Simpson QC) a claim concerning negligent advice regarding the tax implications of a client’s non-domiciled status and (also with Mark Simpson QC) a claim involving the systematic misappropriation of funds from a client.
- Financial advisers and fund managers, including (with John Taylor) a claim concerning the mismanagement of share portfolios and CFD and spread betting accounts.
Secondments in the Banking Litigation Department of Matthew Arnold & Baldwin (September 2007) and the Litigation and Arbitration Division of Herbert Smith (October 2007 to December 2007).
Research Assistant in the Property and Trust Law Team of the Law Commission for England and Wales (2003-2004), working on projects concerning trustee exemption clauses and the apportionment of capital and income in trusts.
Tutor in Contract Law at King’s College, London (2004-2005)
British Association of Sport and Law
Working knowledge of French.
Most sports (particularly hockey, cricket and football), travel and music.