Rupert Allen
Call date
2005
Summary of Practice
Rupert Allen has a broad commercial and civil practice in line with Chambers' profile with experience in the following areas.
- General Commercial Litigation and Arbitration
- Conflict of Laws and Jurisdiction
- Banking and Finance
- Contractual Disputes
- Sale of Goods
- Sports Law
- Professional Negligence
- Insurance and Reinsurance
- Energy and Natural Resources
- Regulation and Professional Discipline
- Aviation
- Intellectual Property
Commercial Litigation and Arbitration
Digicel v Cable & Wireless – Rupert acted as part of a team of counsel (led by Stephen Rubin QC) which represented Digicel in a 72 day trial 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: [2009] EWHC 1437 (Ch).
Acting (with Bankim Thanki QC) in relation to contribution claims brought in the Commercial Court against an independent financial adviser arising out of failed tax avoidance schemes.
Instructed in High Court proceedings relating to claims by a former employee of a company for payment of a “success fee” in respect of work alleged to have been done for and on behalf of the majority shareholders of the company.
Instructed in relation to a claim arising out of the construction and completion of a new-build house.
Acted for South African Airways (with Bankim Thanki QC) in a claim brought in the Commercial Court concerning the redelivery of an aircraft under a lease.
Conflict of Laws and Jurisdiction
Advised (with Tim Howe QC) on jurisdictional issues under the Brussels Regulation in relation to claims arising out of the termination of an exclusive distribution agreement, including claims for injunctive relief and restitution.
Instructed (with Tim Howe QC) in connection with issues arising out of the service of English proceedings in Brazil and alternative service of English proceedings on a Brazilian defendant in the United States.
Banking and Finance
Rupert has advised on the application of the rules of the Financial Services Compensation Scheme in connection with a company's private medical insurance scheme following the liquidation of the medical insurance provider and on claims arising out of allegations of misselling of life insurance policies.
He regularly acts for the major retail banks in claims in the county courts, including claims on guarantees, mortgage claims and claims connected to consumer credit agreements (including payment protection insurance) and overdraft charges.
Professional Negligence
Acting (with Bankim Thanki QC) in relation to contribution claims brought in the Commercial Court against an independent financial adviser arising out of failed tax avoidance schemes.
Insurance and Reinsurance
Rupert recently advised on the effect of policy terms concerning the allocation of subrogation recoveries between the insured, primary layer insurer and excess of loss insurer.
Instructed by a major insurer in relation to a potential claim against an insurance intermediary for substantial losses suffered as a result of insurance business being written outside the terms of the intermediary’s binding authority.
Energy and Natural Resources
Rupert gained some experience of oil and gas disputes during a three month secondment to the Litigation and Arbitration Division of Herbert Smith between October and December 2007.
Regulation and Professional Discipline
Rupert has appeared in the Administrative Court on behalf of the Law Society to resist oral applications for judicial review of decisions of the Solicitors Regulation Authority.
Aviation
Advising the CAA (with Bankim Thanki QC) in relation to regulatory aspects of international airline merger proposals.
Advised the CAA (with Bankim Thanki QC) concerning proposed amendments to the ATOL scheme.
Acted for South African Airways (with Bankim Thanki QC) in a claim brought in the Commercial Court concerning the redelivery of an aircraft under a lease.
Advised (with Bankim Thanki QC) in relation to matters arising out of the collapse of Oasis Hong Kong Airlines.
Advised the CAA (with Bankim Thanki QC) in relation to the matters arising out of the collapse of various ATOL licence holders, including XL Travel Group.
Intellectual Property
Currently instructed by a clothing designer in relation to various claims and potential claims relating to infringement of the designer’s copyright and UK and Community design rights in fashion clothing products.
Education
MA (Law), Gonville and Caius College, Cambridge (First Class)
BCL, Merton College, Oxford (Distinction)
BVC, Inns of Court School of Law (Outstanding)
Prizes & Scholarships
University of Cambridge
Prizes for Best Overall Performance in Parts IB and II of Tripos (2002, 2003)
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 Accessit to the Vinerian Scholarship (2006)
Prizes for Best Performance 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 on BVC (2005)
Lincoln’s Inn
Lord Mansfield Scholarship (2003)
Memberships
COMBAR
British Association of Sport and Law
Other Experience
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)
Languages
Working knowledge of French.
Interests
Most sports (particularly hockey, cricket and football), travel and music.