Rupert D’Cruz specialises in commercial litigation and arbitration. He is recommended as a leading commercial junior in The Legal 500 2009 where he is described as “very bright, calm and thorough, and highly responsive”.

Rupert’s practice involves the following areas

Commercial Contract Disputes

assignments
agency (including claims for commissions, breach of fiduciary duty and fraud)
subrogation
mistake, misrepresentation, undue influence and illegality
limitation
estoppel
res judicata and abuse of process

Civil Fraud and Asset Tracing

dishonest assistance and knowing receipt
breach of fiduciary duties (involving directors, employees and agents)
conspiracy and deceit
constructive trusts
unjust enrichment, money had and received and restitution
carousel and vat frauds
establishing or contesting jurisdiction (domicile, necessary or proper party, fair trial issues, forum conveniens lis alibi pendens, anti-suit injunctions)
freezing injunctions and search and seizure orders

Company and Shareholder Disputes

directors’ duties
joint venture disputes
share issues and share transfers (including Put and Call Options)
s.994 petitions

Russian & CIS Litigation

joint ventures and shareholder disputes
civil fraud
unjust enrichment and restitution
limitation
conflict of laws and jurisdictional issues (governing law, domicile, necessary or proper parties and rule of law/fair trial issues)

Banking and Securities

duties of care to customers and third parties
rights and duties of mortgagees and pledgees
negotiable instruments

Sale of Goods

disputes over title and conversion claims (including defences based on waivers and discharges of torts and acquisition of title under the Sale of Goods Act 1979)
disputes over quality and fitness for purpose

Professional Negligence

duties to third parties (involving principally solicitors, financial advisers and auditors)
claims against auditors for failure to detect frauds

Russia & the CIS

Rupert is a Russian speaker and has worked extensively across Russia and the CIS on a number of legal matters. In addition to Russia, his CIS experience has involved work in (or in relation to) Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Ukraine and Uzbekistan.

He has developed a particular expertise in Russian and CIS related litigation during the course of which he has developed an extensive working knowledge and practical experience of the following areas of Russian law and practice:

duties of representatives;
directors’ duties (under the Civil Code and the Laws on Joint Stock and Limited Liability Companies);
shareholder rights (including pre-emption rights and the right to participate in corporate decision making);
delict;
unjust enrichment;
abuse of rights;
limitation;
civil procedure law in connection with commercial fraud claims;
aspects of criminal law and criminal procedure law relevant to commercial fraud claims;
insolvency law and
rule of law issues

Recent CIS cases in which he has been involved include:

Yugraneft v. Abramovich, Millhouse Capital (UK) Ltd and Berezovsky (2007-2009); and
Gudavadze, Patarkatsishvili, Zhmotova & Others v. Kay and Patarkatsishvili (2009).
Contractual dispute between Russian parties over the purchase of a yacht (2009)
$100 million corporate dispute between Russian parties relating to Put and Call Options (2009)
Arbitration involving commodities dispute between Russian parties (2010)
Arbitration involving joint venture dispute between Russian parties (2010)
Fraud dispute between Ukrainian parties relating to the sale and purchase of oil (2010)

Rupert holds the following positions of responsibility in relation to Russia and the CIS:

Bar Council International Committee representative for Russia and the CIS
Chairman of (and UK representative on) the Eastern European (PECO) Committee of the Society of European Bars (CCBE)
Secretary of the British-Russian Law Association (BRLA)
Secretary of the Anglo-Kazakh Law Association
Member of the City UK Russia Committee (responsible for promoting UK financial and related business services in the Russian Federation)

Recently reported cases

Yugraneft v Abramovich, Millhouse Capital (UK) Ltd and Berezovsky [2008] All ER (D) 299 (Oct) (Proceedings against D1 (a Russian citizen) and D2 (an English registered company) in respect of business transactions in Russia, proper law of the claim, conflict of laws, dishonest assistance, delict, unjust enrichment, restitution, double actionability, challenge to jurisdiction, Judgments Regulations, necessary or proper party, issue estoppel and res judicata, limitation)

Re OJSC ANK Yugraneft, Millhouse Capital UK Ltd & ano v Sibir Energy plc and others [2008] All ER (D) 311 (Oct) (Company, winding up petition unregistered company, Russian company successfully applying for appointment of provisional liquidator in England. liquidator applying for winding up of company, company subsequently commencing proceedings against applicants, applicants seeking dismissal of petition to wind company up)

Abou-Rahmah v. Abacha & Ors [2007] 1 All ER (Comm) 827, 9 ITELR 401 (banking, advance fee fraud, dishonest assistance, money had and received, negligence, duties of care owed to third parties, money laundering duties, resulting trust)

Re Areamas Ltd [2007] All ER (D) 56 (Jun) (company, winding up, advertisement, whether debt disputed on bona fide and substantial grounds).

Fresh ‘N’ Clean (Wales) Ltd v Miah (2006) LTL 3/10/2006 (breach of fiduciary duty, dishonest assistance, carousel fraud)

Fresh ‘N’ Clean (Wales) Ltd v Miah [2005] All ER (D) 368 (Apr) (carousel fraud, civil procedure, application of CPR Part 14 (judgment on admission))

Onyeador v. Miss World Ltd [2005] All ER (D) 257 (Apr), (commercial contract dispute, assignment, agency, subrogation, constructive trust and illegality)

Humphreys v. Humphreys [2005] 1 FCR 712 (undue influence, misrepresentation, unconscionable bargain and limitation)

Network Rail Infrastructure Ltd v. Smith [2003] EWHC 3396 (Ch) (claim for adverse possession of land)

Moloo v. Standish Hotels Ltd [2002] All ER (D) 57 (Mar) (management agreement dispute, expert determination, summary judgment)

Royal British Legion v. Jones [2002] All ER (D) 188 (Oct) (unincorporated association, distribution of assets)

Shah v. Shah [2002] QB 35, [2001] 3 WLR 32, The Times, May 15, 2001 (validity of a deed which failed to comply with requisite formalities, estoppel)

Leadenhall Capital Management Ltd v. Shamurin [2001] All ER (D) 212 (Dec) (validity of a commercial loan agreement)

Yasin v. Chohan [2001] All ER (D) 292 (resulting and constructive trusts, illegality and estoppel)

Norwich Union Life Insurance Society v. Qureshi [1999] Lloyd’s Rep I.R. 263 ad 253; [1999] 2 All ER (Comm) 707 (endowment policy mis-selling and the Financial Services Act 1986).

Articles, lectures and seminars

Rupert is a visiting lecturer of law at South Bank University and a consultant legal trainer for Central Law Trainers and the British East-West Centre. He has also provided legal training as part of several civil law reform projects for judges and lawyers across Russia and the CIS on behalf of the Council of Europe, the Foreign and Commonwealth Office and the CCBE.

His recent articles and lectures have covered the following areas:

Litigating Russian and CIS related fraud claims in England: ((i) establishing jurisdiction; (i) conflicts of law issues; and (iii) relevant Russian law issues)
Enhanced Protection of Creditors’ Rights – Recent Changes in Russian Insolvency Law
The Rule of Law in Russia from the Perspective of Foreign Investors
Recent Legal Developments in Russia Relevant to Business and Commerce
The Enforcement of Foreign Judgments and Arbitral Awards England & Wales and in Russia
Interim Remedies in Support of Foreign Litigation and Arbitration – How And When English Courts Can Assist
Damages in Commercial Litigation
Professional Negligence Claims Against Auditors
Duties of Solicitors and Other Professional Advisers to Third Parties
Non-Party Cost Orders

In July 2009 Rupert was part of a Bar Council delegation of commercial practitioners who conducted a seminar at the British Embassy in Moscow on commercial dispute resolution in England & Wales

(see: http://ukinrussia.fco.gov.uk/en/newsroom1/?view=News&id=20593859 and http://www.barcouncil.org.uk/news/pressarchive/740.html)

In January 2010 Rupert was part of a BRLA delegation of commercial practitioners who conducted a seminar at the British Embassy in Moscow on Cross Border Co-Operation between England & Wales and Russia: interim remedies and the enforcement of foreign judgments and arbitral awards

(see: http://ukinrussia.fco.gov.uk/en/news/?view=News&id=21748127)

Further information about Rupert’s practice and an up to date copy of his curriculum vitae can be obtained from his clerks.