Call 2005
"A truly excellent commercial junior, one of the very best at the Bar."
The Legal 500
Mark O’Neill
Team Leader
+44 (0)20 7842 3777
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Fraser Linning
Team Leader's Assistant
+44 (0)20 7842 3708
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Rupert Allen is an experienced senior junior with a broad commercial and civil practice.
He is regularly instructed to act in large-scale international disputes including those which raise parallel proceedings in foreign jurisdictions and difficult issues of jurisdiction and foreign law.
Rupert has particular expertise in complex and high value banking and financial services cases.
The Legal 500 recently described Rupert as “A truly excellent commercial junior, one of the very best at the Bar.” Chambers & Partners have also recently said: “He’s phenomenal, one of the best. He’s always spot on, and provides great quality and excellent turnaround times. He has flawless drafting skills.”
Rupert also frequently acts both for and against regulators in professional disciplinary and regulatory investigations and proceedings (particularly in relation to solicitors and accountants and matters concerning financial services and the aviation industry). He appears in high-profile and complex disciplinary tribunal proceedings, High Court appeals, and judicial reviews.
Before coming to the Bar, he studied Law at Gonville and Caius College, Cambridge (coming top of his year at the university with university prizes in contract law, equity and conflict of laws) and the BCL at Merton College, Oxford (winning Proxime Accessit to the Vinerian Scholarship and university prizes in restitution and intellectual property rights). He was also awarded the Eldon Law Scholarship.
Deutsche Bank v Comune di Busto Arsizio [2021] EWHC 2706 (Comm) (Cockerill J)
Rupert acted (with Sonia Tolaney QC) for DB on its claim to establish the enforceability of interest rate swaps entered into by the defendant Italian local authority. The case raised novel issues of Italian law arising out of the 2020 decision of the Italian Court of Cassation in Banco Nazionale del Lavoro v Cattolica. Cockerill J dismissed the local authority’s defences in a judgment handed down in October 2021. This follows Rupert’s involvement between 2014 and 2017 in the long-running litigation between Dexia Crediop and the Comune di Prato raising similar issues.
National Bank of Kazakhstan v BNYM SA/NV [2017] EWHC 3374 (Comm) (Popplewell J), [2018] EWCA Civ 1390 (CA), [2020] EWHC 916 (Comm) (Teare J)
Rupert acted (with Richard Handyside QC) for BNYM in complex multi-jurisdictional litigation arising out of the freezing of the US$22 billion of assets held by BNYM’s London branch as custodian for NBK in response to garnishment orders obtained by creditors of the Republic of Kazakhstan in Belgian and the Netherlands. The trial before Teare J in March 2020 was the first fully remote trial to be heard in the Commercial Court during the COVID-19 outbreak.
Libyan Investment Authority v Goldman Sachs International [2016] EWHC 2530 (Ch) (Rose J)
Rupert acted (with Robert Miles QC and Orlando Gledhill) for Goldman Sachs in defending claims of undue influence and unconscionable bargain brought by the Libyan Investment Authority seeking to set aside US$1.2 billion of equity derivative trades entered into in the first half of 2008. This was one of The Lawyer’s ‘Top 20 Cases’ of 2016.
SRA v Beckwith
Rupert acted (with Riel Karmy-Jones QC) in high-profile disciplinary proceedings before the Solicitors Disciplinary Tribunal in October 2019 concerning sexual conduct by a City solicitor with a junior colleague. This was the first time that the Tribunal had been called on to determine allegations of this nature. The case raises novel issues concerning the proper scope of professional regulation of private conduct. The Divisional Court allowed the solicitor’s appeal in November 2020 in an important judgment addressing the extent to which conduct in a professional’s private life can amount to misconduct ([2020] EWHC 3231 (Admin)).
R (Lewin) v Financial Reporting Council [2018] EWHC 446 (Admin) (Nicola Davies J)
Rupert acted as sole counsel for the FRC defending a claim for judicial review in which a third party to disciplinary proceedings sought restrictions on publication or redactions of a tribunal’s judgment on the grounds. The case raised important issues concerning the procedural rights of non-parties to disciplinary proceedings to make representations to a tribunal if their conduct is or may be subject to criticism.
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.
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.
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.
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.
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).
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.
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.
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.
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.
University of Cambridge
University of Oxford
Inns of Court School of Law
Lincoln’s Inn
Memberships
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The Administrative Court has today handed down a much-anticipated judgment in a…
The Report of the Financial Reporting Council Disciplinary Tribunal (chaired by Sir…
Mark O’Neill
Team Leader
+44 (0)20 7842 3777
Click here to email
Fraser Linning
Team Leader's Assistant
+44 (0)20 7842 3708
Click here to email
University of Cambridge
University of Oxford
Inns of Court School of Law
Lincoln’s Inn
Memberships
Other
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