Rupert Allen > Fountain Court Chambers > London, England > Lawyer Profile
Fountain Court Chambers Offices
FOUNTAIN COURT, TEMPLE
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Rupert is regularly instructed in heavy and high-profile commercial and banking cases, both as part of a larger counsel team and as sole counsel. These cases often have an international dimension and raise complex jurisdiction and choice of law issues and difficult questions of English and foreign law.
His recent experience includes;
- acting for Dexia and Deutsche Bank in a number of different sets of English proceedings concerning the validity and enforceability of interest rate swaps entered into by Italian local authorities (including Dexia v Prato in the Court of Appeal and in 2021 the trial in the Financial List of Deutsche Bank’s claims against the Comune di Busto Arsizio);
- representing the Bank of New York Mellon SA/NV at one of the first fully remote Commercial Court trials in March 2020 in proceedings brought by the National Bank of Kazakhstan regarding its entitlement to US$22 billion of custody assets;
- defending Goldman Sachs International against a US$1.2 billion claim brought by the Libyan Investment Authority in relation to the sale of equity derivatives;
- important Court of Appeal decisions of considerable market significance on the correct interpretation of standard form ISDA documentation in Deutsche Bank v Netherlands (negative interest on cash collateral posted under the ISDA Credit Support Annex) and Deutsche Bank v Savona (the scope of the ISDA Master Agreement jurisdiction clause); and
- cases concerning alleged LIBOR misconduct by UK banks.
In addition to his commercial and banking practice, Rupert also has extensive experience in the fields of professional discipline and regulatory law (including, in particular, the law relating to solicitors, accountants, financial services and aviation). His growing professional discipline and regulatory practice has seen him instructed by the SRA, the FRC, the FCA, the CAA and other regulators.
Recent disciplinary tribunal experience includes acting for the SRA in the high profile prosecutions of Mark Lewis and Ryan Beckwith in the Solicitors Disciplinary Tribunal and for the FRC in enforcement proceedings against KPMG in relation to its CASS audits of the Bank of New York Mellon.
Rupert has also appeared in a number of important judicial reviews including R (Lewin) v FRC (in relation to procedural rights of third parties to disciplinary proceedings) and R (Donegan) v FSCS (concerning claims for compensation arising out of the collapse of London Capital & Finance).
Research assistant in the property and trust law team at the Law Commission 2003-04; called 2005, Lincoln’s Inn.
French (working knowledge).
MA (Law), Gonville and Caius College, Cambridge (First Class, Top of Year); BCL, Merton College, Oxford (Distinction, Proxime Accessit to Vinerian Scholarship); BVC, Inns of Court School of Law (Outstanding).
Hockey, cricket, music, travel.
Lawyer Rankings(Leading Juniors)Ranked: Tier 2 (Leading Juniors)Ranked: Tier 2
Fountain Court Chambers‘ market-leading status in this area extends beyond its strengths in banking and finance, mixing in expertise in related areas such as professional negligence and civil and criminal fraud. The depth of experience covers every level, both for contentious and non-contentious financial regulatory advice. Recent instructions for the team include Andrew Mitchell KC advising RBS on pre-litigation matters linked to its replacement of LIBOR as a reference rate for bank lending with SONIA. In another matter, Bankim Thanki KC is advising KPMG in relation to a formal complaint by FRC in relation to its auditing of Bank of New York Mellon, where Raymond Cox KC and Rupert Allen were representing the FRC in the sanctions hearing.
‘Elite set‘ Fountain Court Chambers‘s practice has ‘an abundance of talent and depth‘, and the team fields extensive expertise on matters involving white-collar regulators. Distinguished silk Michael McLaren KC ‘produces remarkable results in unpromising circumstances‘, and is often instructed by the Solicitors Regulation Authority in high-profile disciplinary cases. In another matter, Edward Levey KC represented the SRA in the prosecution of a former solicitor, who was charged with alleged dishonesty regarding false representations about her billable hours. At the junior end of chambers, Rupert Allen represented the SRA in long-running proceedings against law firm Sophie Khan & Co, regarding the enforcement of a document production notice issued under section 44B of the Solicitors’ Act 1974 – the firm was shut down by the regulator in August 2021.