Rupert Allen
Call date
2005
Summary of Practice
Rupert Allen has a broad commercial and civil practice, with particular experience in the following areas.
- Banking and Finance
- Commercial Litigation and Arbitration
- Aviation
- Regulation and Professional Discipline
- Professional Negligence
- Conflict of Laws and Jurisdiction
- Insurance and Reinsurance
- Energy and Natural Resources
- Telecommunications
- Intellectual Property
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
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 Accessit to 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 on BVC (2005)
Lincoln’s Inn
Lord Mansfield Scholarship (2003)
Memberships
COMBAR
British Association of Sport and Law
Recent Practice
Commercial Litigation and Arbitration
- Currently acting (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 matter is listed for a two week trial in November 2011.
- Recently assisted a major US law firm in connection with an ICC arbitration in London arising out of a failed multi-billion dollar petrochemicals joint venture agreement.
- Recently acted for the Defendant in High Court proceedings arising out of the termination of a property consultancy arrangement. The claim settled shortly before trial with the Claimant effectively abandoning its claims and paying a substantial portion of the Defendant’s costs.
- Successfully defended a claim brought against a major UK retail bank under a merchant services agreement on the grounds that the Claimant had fraudulently misused the card terminal.
- Digicel v Cable & Wireless [2010] EWHC 888 (Ch) - Rupert acted as part of a team of 4 counsel (led by Stephen Rubin QC) on behalf of Digicel in a 77 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).
- Recently instructed (with Michael Brindle QC) for the Defendants in substantial Commercial Court proceedings in which the Claimants alleged that they were fraudulently induced to sell shares in a company at an undervalue through misleading accounting information.
Banking and Finance
Rupert has significant experience over a wide range of banking and finance matters, with particular experience of financial services regulation.
- Recently acted (with Bankim Thanki QC) for a major UK bank in a regulatory dispute with the FSA.
- Recently advised in connection with FSA enforcement proceedings arising out of market abuse and breaches of listing rules.
- Regularly instructed in relation to disputes concerning the alleged mis-selling of financial products including interest rate hedging products, mortgages and payment protection insurance.
- Regularly acting in relation to 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 [2011] 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. The claim was struck out after a 3 day hearing before Mr Justice Supperstone in March 2011. Rupert is now instructed in relation to various incidental and ongoing matters arising out and connected with these proceedings.
- Acted on behalf of the Law Society (both with Tim Dutton QC and alone) in obtaining injunctions in support of its statutory powers of intervention.
- Recently 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.
- Currently acting 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.
- Currently acting (with Patricia Robertson QC) in judicial review proceedings brought against the Council for Licensed Conveyancers arising out of a decision to refuse a grant from its compensation funds.
- Recently 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 also acted for the successful respondent in an appeal to the High Court against the Pensions Ombudsman’s decision in Wheeler v Southern Water Services Ltd [2010] EWHC 1876 (Ch).
Rupert also has substantial experience of financial services regulation (see ‘Banking and Finance’ above) and the regulation of the airline industry (see ‘Aviation’ below).
Aviation
Rupert has significant experience of aviation disputes and airline regulation.
- Currently acting 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 the Civil Aviation Authority (with Bankim Thanki QC) the Civil Aviation Authority 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.
Professional Negligence
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.
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.