Rupert Allen

Rupert Allen

Call 2005

"A truly excellent commercial junior, one of the very best at the Bar."


The Legal 500

For enquiries please contact

Mark O’Neill
Team Leader
+44 (0)20 7842 3777
Click here to email

Fraser Linning

Fraser Linning
Team Leader's Assistant
+44 (0)20 7842 3708
Click here to email

Expertise

Notable Administrative & Public Law Cases


R (Donegan) v Financial Services Compensation Scheme [2021] EWHC 760 (Admin) (Bourne J)

Rupert recently acted (with Richard Handyside QC and Rebecca Loveridge) for FSCS in defending a claim for judicial review concerning its decision that customers of London Capital & Finance are not eligible to receive compensation.


R (Lewin) v Financial Reporting Council[2018] EWHC 446 (Admin) (Nicola Davies J)

Rupert acted as sole counsel for the FRC on an important judicial review concerning the procedural rights of a third party to disciplinary proceedings.


R (Holman Fenwick Willan) v Police Service of Scotland [2016] EWHC 1006 (Admin) (DC)

Rupert advised and acted in judicial review proceedings (with Jim Sturman QC) in relation to the execution of a police search warrant over privileged material held by the City law firm (including an application for emergency injunctive relief to restrain the use of the documents removed by the police from the solicitors’ offices). The firm were awarded their costs on the indemnity basis with the Court describing the police’s actions as “an abuse of state power”.


R (Willford) v Financial Services Authority[2013] EWCA Civ 674 & 677 (CA)

Acted (with Michael Brindle QC) for the Financial Services Authority on an appeal concerning the extent to which its decisions to issue warning notices and decision notices under FSMA 2000 are subject to challenge by way of judicial review.


R (Coatman) v Council for Licensed Conveyancers [2012] EWHC 1648 (Admin) (King J)

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.

Rupert has significant experience of aviation disputes and airline regulation.

Notable Aviation & Travel - Aviation disputes and airline regulation Cases


Noble Caledonia v Air Niugini [2017] EWHC 1095 (QB) & [2017] EWHC 1393 (QB) (Gilbart J)

Rupert acted as sole counsel for a national carrier in relation to a substantial damages claim brought by a tour operator concerning the delayed departure of a flight.


Rupert recently acted for an aircraft lessor against an international airline seeking to recover unpaid rental instalments.


Rupert recently advised a national carrier in relation to its rights and remedies arising out of the delayed delivery of leased aircraft.


Rupert advised (with Ros Phelps QC) in relation to the requirements for ATOL renewal.


Rupert advised (with Bankim Thanki QC) on the implications of an airline joint venture agreement on the effective control requirements under UK and European legislation.


Rupert 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.


Rupert advised (with Bankim Thanki QC and as sole counsel) on the regulatory aspects of international airline mergers including licensing issues and national control requirements.


Rupert advised (with Bankim Thanki QC and alone) on issues arising in connection with the ATOL scheme including matters connected with the collapse of various ATOL holders.


Rupert advised (with Bankim Thanki QC) on matters arising out of the collapse of Oasis Hong Kong Airlines.


Rupert advised a major international hotel chain in connection with a dispute with an airport over excessive charges for shuttle bus access to the airport.


Rupert advised (with Bankim Thanki QC) a major international airline in connection with a trade mark licensing dispute.


Rupert acted for South African Airways (with Bankim Thanki QC) in Commercial Court proceedings concerning the alleged late redelivery of an aircraft under a lease.

Notable Aviation & Travel - Aviation finance Cases


Rupert advised (with Ros Phelps QC) in relation to the requirements for ATOL renewal.


Rupert advised (with Bankim Thanki QC) on the implications of an airline joint venture agreement on the effective control requirements under UK and European legislation.


Rupert advised (with Bankim Thanki QC and as sole counsel) on the regulatory aspects of international airline mergers including licensing issues and national control requirements.


Rupert advised (with Bankim Thanki QC and alone) on issues arising in connection with the ATOL scheme including matters connected with the collapse of various ATOL holders.

Rupert has significant experience over a wide range of banking and finance matters, including heavy commercial litigation, with particular experience of financial services regulation. Rupert regularly acts for major UK and international banks (both on the retail and investment side) and he has acted in numerous disputes concerning the alleged mis-selling of financial products to both retail and professional investors (including interest rate swaps), claims concerning LIBOR manipulation, as well as claims under guarantees, mortgages and consumer credit agreements.

Notable Banking & Finance Cases


Elite Property Development Ltd v Barclays Bank (2021)

Rupert recently acted as sole counsel on an application to strike out claims relating to the alleged mis-selling of interest rate swaps on the grounds that they were abusive and lacked any real prospect of success.


Meng v HSBC [2021] EWHC 342 (QB) (Fordham J)

Rupert acted as sole counsel for HSBC in resisting an application for disclosure of documents under the Bankers Books Evidence Act for use in high profile extradition proceedings in Canada involving a senior Huawei executive.


Grove Park Properties v RBS [2018] EWHC 3521 (Comm), [2018] EWHC 3618 (Comm) (Males J)

Rupert is currently acting (with John Taylor QC) on a substantial claim concerning the consequences of alleged unauthorised manuscript alterations to a loan agreement.


Dexia v Comune di Messina

Rupert is currently acting (with Richard Handyside QC) in proceedings to enforce interest rate swaps entered into by an Italian local authority.


Scarborough Group v BOS

Rupert recently acted (with Richard Handyside QC and Rebecca Loveridge) in the defence of a claim by a large property development group against BOS valued in excess of £500 million arising out of alleged LIBOR manipulation.


Ventra Investments v BOS [2017] EWHC 199 (Comm) (Sara Cockerill QC), [2019] EWHC 2058 (Comm) (Richard Salter QC)

Rupert recently acted (with Rosalind Phelps QC and Max Kasriel) for BOS in defending a substantial damages claim concerning alleged LIBOR manipulation, misrepresentation and negligence in relation to the sale of interest rate swaps and the subsequent realisation of an investment property portfolio by administrative receivers.


Macdonald Hotels v BOS

Rupert recently acted (with Anthony de Garr Robinson QC) for BOS in a claim for alleged losses in excess of £100 million arising out asset sales following a series of substantial refinancing transactions. The claim raised issues concerning the circumstances in which good faith obligations arise in a banking context and the extent of those duties.


Netherlands v Deutsche Bank [2018] EWHC 1935 (Comm) (Robin Knowles J), [2019] EWCA Civ 771 (CA)

Rupert acted (with Richard Handyside QC) for Deutsche Bank against the Netherlands in important Financial List proceedings regarding the correct interpretation of the widely-used international standard form ISDA Credit Support Annex. The dispute concerned DB’s liability to pay “negative interest” on cash collateral put up against derivatives exposures.


Deutsche Bank v Comune di Savona [2017] EWHC 1013 (Comm) (HHJ Waksman QC), [2018] EWCA Civ 1740 (CA)

Rupert recently acted (with Sonia Tolaney QC and Andrew Lodder) for Deutsche Bank in opposing a jurisdiction challenge brought by the defendant local authority. The case raised important issues concerning the application of the ISDA jurisdiction clause.


Deutsche Bank v Bright Food Hong Kong Ltd [2017] EWHC 3543 (Comm)

Rupert recently acted (with Richard Handyside QC) for Deutsche Bank in Commercial Court proceedings concerning the enforcement of cross currency swaps.


GSO Credit v Barclays Bank [2016] EWHC 146 (Comm) (Robin Knowles J)

Recently acted (with Bankim Thanki QC) for Barclays in a dispute concerning the meaning and effect of the LMA Standard Terms for distressed debt trades in relation to the sale of a Surety Bonds Facility. The trial which took place in October 2015 and was one of the first in the Financial List.


Marsden v Barclays Bank (HHJ Kramer QC)

Rupert acted as sole counsel for Barclays in striking out a claim raising issues of insolvency set off concerning the payment of redress to customers in the FSA/FCA review of the sale of interest rate hedging products.


Day v Barclays Bank [2018] EWHC 393 (QB), [2018] EWHC 394 (QB) (HHJ Waksman QC)

Rupert appeared as sole counsel for Barclays Bank in striking out claims seeking declaratory relief concerning the conduct of the FCA review of sales of interest rate hedging products.


Sivagnanam v Barclays Bank [2015] EWHC 3985 (Comm) (Cooke J)

Rupert acted as sole counsel for Barclays in striking out claims brought by the sole shareholder of a corporate customer on the basis that he was a “private person” under FSMA 2000.


Coatman v Coutts

Rupert acted as sole counsel at trial for Coutts defending a claim in relation to alleged negligent investment advice. The claim settled on the first day of the trial with the claimant discontinuing the action.


Gatt v Barclays Bank [2013] EWHC 2 (QB) (HHJ Moloney QC)

Rupert acted as sole counsel for Barclays in the trial of claims brought by a bank customer arising out of credit references made by the bank.


Barclays Bank v Ibrahim [2012] EWCA Civ 640 (CA)

Acting (with Patrick Goodall) for Barclays on an appeal concerning the discharge of debts by third party payment under compulsion.

Notable Commercial Disputes Cases


Enka Insaat v Sanayi AS v OOO “Insurance Co Chubb” [2019] EWHC 3568 (Comm) (Andrew Baker J)

Rupert recently acted (with Charles Béar QC) for Enka on the expedited trial of its claim for an anti-suit injunction to stop proceedings in Russia which were alleged to have been brought and maintained in breach of an agreement for arbitration in London.


National Gas Company of Trinidad & Tobago v Super Industrial Services [2018] UKPC 17

Rupert acted (with Michael Brindle QC) for NGC on an appeal to the Privy Council in relation to the interpretation of Trinidad Civil Procedure Rules.


Noble Caledonia v Air Niugini [2017] EWHC 1095 (QB) & [2017] EWHC 1393 (QB) (Gilbart J)

Rupert acted as sole counsel for the national airline of Papua New Guinea on its challenge to the jurisdiction of the English courts in relation to a claim by a tour operator concerning a delayed flight between Singapore and Papua New Guinea.


ARC Capital Holdings v ARC Capital Partners

Rupert acted (with Tim Howe QC) in a dispute between a private equity fund and its fund manager in relation to investments in China. Rupert appeared as sole counsel resisting an application to stay the proceedings pending the outcome of enforcement proceedings in China (see [2015] EWHC 2170 (QB)).


Digicel v Cable & Wireless [2010] EWHC 888 (Ch)

Rupert acted on behalf of Digicel (led by Stephen Rubin QC with Huw Davies QC and Stephen Houseman) 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).


Rupert is currently acting (with Jeff Chapman QC) in a complex multi-jurisdictional dispute concerning the fraudulent misappropriation of artworks by an art dealer.


Rupert advised (with Colin Edelman QC) a professional firm in relation to allegations of unlawful means conspiracy concerning the corporate takeover of a football club.


Rupert acted (with Jeff Chapman QC) in a dispute concerning the ownership of a 1950s Ferrari racing car sold by Bonhams at auction for almost £11 million in June 2014.

Rupert has extensive experience of acting in financial services matters, including in the aviation context (see Aviation & Travel).

Notable Financial Services Cases


R (Donegan) v Financial Services Compensation Scheme

Rupert is currently acting (with Richard Handyside QC) for FSCS in defending a claim for judicial review concerning its decision that customers of London Capital & Finance are not eligible to receive compensation.


R (Willford) v Financial Services Authority [2013] EWCA Civ 674 & 677 (CA)

Acting (with Michael Brindle QC) for the Financial Services Authority on an appeal concerning the extent to which its decisions to issue warning notices and decision notices under FSMA 2000 are subject to challenge by way of judicial review. Rupert then acted (led by Michael Green QC) in the proceedings that were subsequently brought by Mr Willford before the Upper Tribunal seeking to challenge the decision notice which had been issued by the FSA.


Rupert advised (with Tim Dutton QC) regarding the jurisdiction of the Financial Ombudsman Service in relation to complaints concerning the mis-selling of payment protection insurance.


Rupert acted (with Bankim Thanki QC) for a major UK bank in a regulatory dispute with the Financial Services Authority concerning the variation of mortgage terms and conditions.


Rupert advised (with Bankim Thanki QC and as sole counsel) in connection with Financial Services Authority enforcement proceedings arising out of market abuse and breaches of listing rules.

Notable International Arbitration Cases


Enka Insaat ve Sanayi AS v OOO “Insurance Co Chubb” [2019] EWHC 3568 (Comm) Andrew Baker J)

Rupert recently acted (with Charles Béar QC) for Enka on the expedited trial of its claim for an anti-suit injunction to stop proceedings in Russia which were alleged to have been brought and maintained in breach of an agreement for arbitration in London.


Petrochemical Industries Company (KSC) v The Dow Chemical Company [2012] EWHC 2739 (Comm)

Rupert acted (with Joe Smouha QC) in defending a claim brought under section 68 of the Arbitration Act 1996 to set aside a US$2 billion ICC arbitration award obtained by Dow against PIC. Rupert had previously advised and assisted Shearman & Sterling in connection with the conduct of the underlying ICC arbitration proceedings on behalf of Dow.


Rupert recently acted (with Michael Driscoll QC) on a contractual adjudication concerning the liabilities arising upon expiry of a PFI property outsourcing transaction.


Rupert acted (with Michael Brindle QC) in an ad hoc arbitration concerning the sharing of refinancing gains in relation to a PFI property outsourcing transaction.


Rupert acted (with Tim Howe QC and then with Robert Miles QC) in two sets of LCIA arbitration proceedings concerning disputes over the correct interpretation of the complex suite of documents giving effect to a very large property securitisation transaction.

Notable Professional Discipline Cases


SRA v Khan & Co

Rupert is acting in various sets of High Court proceedings to enforce a document production notice issued to a solicitor pursuant to section 44B of the Solicitors Act 1974 (see [2021] EWHC 2 (Ch)) and further proceedings to give effect to an intervention into the solicitor’s practice, including by way of search and seizure orders in relation to business premises and practice documents (see e.g. [2021] EWHC 2721 (Ch)) and committal proceedings.


SRA v Lewis (2018)

Rupert recently acted as sole counsel for the SRA in this high profile prosecution in relation to offensive messages on social media.


SRA v Anderson (2016)

Rupert acted as sole counsel for the SRA in disciplinary proceedings alleging dishonesty against the sole equity partner of a firm of solicitors in connection with the winding down of the form after it was unable to renew its insurance.


SRA v Brough, Chaudhary & Story (2015)

Rupert acted as sole counsel for the SRA in disciplinary proceedings concerning the sending of offensive emails by solicitors.


SRA v Fallon (2014)

Rupert acted as sole counsel for the SRA in a substantial and complex hearing before the Solicitors Disciplinary Tribunal concerning allegations of dishonesty against the former sole principal of a City law firm.


SRA v Grindrod & Ors (2013)

Rupert acted for the SRA (with Michael McLaren QC) in disciplinary proceedings concerning the involvement of solicitors in the marketing and implementation of SDLT avoidance schemes.


SRA v Munn; SRA v Cope (2013)

Rupert acted as sole counsel for the SRA in disciplinary proceedings before the Solicitors Disciplinary Tribunal in connection with the involvement of solicitors in arrangements facilitating the unlawful conduct of litigation by debt recovery companies.


SRA v Spector [2016] EWHC 37 (Admin) (DC)

Rupert acted for the SRA (with Tim Dutton QC) in a leading case regarding the circumstances in which anonymity orders can be granted in favour of respondents to disciplinary proceedings.


Iqbal v SRA [2012] EWHC 3251 (Admin) (Underhill J)

Rupert acted as sole counsel for the SRA on an 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.


Baxendale-Walker v Middleton [2011] EWHC 998 (QB) (Supperstone J)

Acting 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 has since been instructed as sole counsel in relation to a series of ongoing claims brought by Mr Baxendale-Walker and he obtained an Extended Civil Restraint Order against him in 2012.


Rupert frequently acts in cases concerning the SRA accounts rules and has acted for the SRA in proceedings to recover misappropriated client monies or their traceable proceeds.


FRC v KPMG (2019)

Rupert recently appeared (with Ray Cox QC) for the FRC at the sanctions hearing following admissions of misconduct in relation to the CASS audit of BNYM.


Rupert is currently acting or advising on a number of other confidential disciplinary investigations and proceedings by the FRC against accountants and auditors.

Rupert has been instructed in relation to a number of claims against professionals, including solicitors, accountants, auditors, financial advisers and fund managers, banks, surveyors and valuers and regulators.

Notable Professional Negligence Cases


Acting in various claims against solicitors including disputes concerning client identification checks, the registration of charges over property, breaches of undertaking and the premature release of funds in conveyancing transactions.


Acting in various claims against accountants, including (with Mark Simpson QC), a claim concerning negligence advice regarding tax implications of a client’s non-domiciled status. 


Acting (with Mark Simpson QC) in a claim against an accountant, involving the systematic misappropriation of funds from a client.


Acting in various claims against auditors, including (with Mark Simpson QC) a claim concerning negligent failure to uncover a fraud in relation to the management of an offshore investment fund.


Acting in various claims against financial advisers and fund managers, including (with Tim Howe QC) a dispute between a private equity fund and its fund manager concerning an alleged negligent investment in China.


Acting (with John Taylor QC) in a claim against a financial adviser concerning the mismanagement of share portfolios and CFD and spread betting accounts.


Acting in various claims against banks including claims concerning the duties of a mortgagee in possession to repair and maintain the property, the provision of investment advice and breach of mandate.


Acting in various claims against surveyors and valuers including in relation to the valuation of property for mortgage lending.


Schubert Murphy v Law Society [2014] EWHC 4561 (QB) (Mitting J), [2017] EWCA Civ 1295 (CA)

Acting for the Law Society (with Tim Dutton QC) in a case concerning whether a duty of care was owed by the regulator in relation to the registration of law firm.

"He is incredibly sharp and his drafting is superb." "He is very experienced, clever and hard-working."


Chambers & Partners

"Punches above his weight and is technically excellent."


Chambers & Partners

"An authoritative, amiable and highly effective barrister. He can navigate the most sensitive and difficult of cases."


The Legal 500

"Very strong technically, he has a great ability to absorb and keep on top of a substantial case. A fantastic senior junior to have on your side."


The Legal 500

"Super clever and super hardworking, personable and unassuming. One of the very best commercial juniors at the Bar."


The Legal 500

"A very good tactician who has a particular eye for commercially proportionate outcomes on cases."


Chambers & Partners

"Hard-working, very responsive and someone who impresses with the quality of his drafting."


Chambers & Partners

"Rupert is a civilised individual who is very user-friendly, super brainy and a beautiful writer."


Chambers & Partners

"Exceptionally clever, hardworking, highly responsive and very effective and experienced."


The Legal 500

Chambers & Partners – Global
  • Dispute Resolution: Commercial – UK
Chambers & Partners – UK
  • Banking & Finance
  • Commercial Dispute Resolution
  • Professional Discipline (Band 1)
The Legal 500 – UK
  • Banking & Finance (including Consumer Credit)
  • Commercial Litigation
  • Financial Services Litigation
  • Professional Disciplinary & Regulatory Law

  • BVC (Outstanding), Inns of Court School of Law
  • BCL (Distinction), Merton College, Oxford
  • MA (Law) (First Class), Gonville & Caius College, Cambridge

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 (prize for the best overall academic performance by a graduating student in any subject) (jointly awarded, 2003)

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 Law 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
    • LCLCBA
    • British Association of Sport and Law

    Other

    • 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)

    • French (working knowledge)

    For enquiries please contact

    Mark O’Neill
    Team Leader
    +44 (0)20 7842 3777
    Click here to email

    Fraser Linning

    Fraser Linning
    Team Leader's Assistant
    +44 (0)20 7842 3708
    Click here to email

    "He is incredibly sharp and his drafting is superb." "He is very experienced, clever and hard-working."


    Chambers & Partners

    "Punches above his weight and is technically excellent."


    Chambers & Partners

    "An authoritative, amiable and highly effective barrister. He can navigate the most sensitive and difficult of cases."


    The Legal 500

    "Very strong technically, he has a great ability to absorb and keep on top of a substantial case. A fantastic senior junior to have on your side."


    The Legal 500

    "Super clever and super hardworking, personable and unassuming. One of the very best commercial juniors at the Bar."


    The Legal 500

    "A very good tactician who has a particular eye for commercially proportionate outcomes on cases."


    Chambers & Partners

    "Hard-working, very responsive and someone who impresses with the quality of his drafting."


    Chambers & Partners

    "Rupert is a civilised individual who is very user-friendly, super brainy and a beautiful writer."


    Chambers & Partners

    "Exceptionally clever, hardworking, highly responsive and very effective and experienced."


    The Legal 500

    Chambers & Partners – Global
    • Dispute Resolution: Commercial – UK
    Chambers & Partners – UK
    • Banking & Finance
    • Commercial Dispute Resolution
    • Professional Discipline (Band 1)
    The Legal 500 – UK
    • Banking & Finance (including Consumer Credit)
    • Commercial Litigation
    • Financial Services Litigation
    • Professional Disciplinary & Regulatory Law

    • BVC (Outstanding), Inns of Court School of Law
    • BCL (Distinction), Merton College, Oxford
    • MA (Law) (First Class), Gonville & Caius College, Cambridge

    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 (prize for the best overall academic performance by a graduating student in any subject) (jointly awarded, 2003)

    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 Law 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
      • LCLCBA
      • British Association of Sport and Law

      Other

      • 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)

      • French (working knowledge)

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