Rupert D’Cruz specialises in commercial and chancery litigation and international arbitration. He is recognised as a leading commercial barrister and a leader in his field in Chambers and Partners and The Legal 500 in which he has received the following commendations:
Rupert’s principal areas of practice are:
Further details of his specific experience in these areas can be found on the "Commercial” page below and the attached c.v.
Rupert, a Russian speaker, has particular expertise in Russian/CIS related litigation and an extensive working knowledge and practical experience of local law and practice.
He holds the following positions of responsibility in relation to Russia and the CIS:
Commercial Contract Disputes: Assignments; agency (including commission claims); breach of fiduciary duty; fraud; breach of warranty of authority; subrogation; mistake; misrepresentation; undue influence; illegality; limitation; estoppel; res judicata; abuse of process; enforcement of foreign judgments and arbitral awards.
Civil Fraud and Asset Tracing: Dishonest assistance; knowing receipt; breach of fiduciary duties (directors, employees agents); conspiracy; deceit; procuring a breach of contract; constructive trusts; unjust enrichment; money had and received; restitution; carousel/vat frauds; jurisdictional disputes (domicile, necessary or proper party, fair trial issues, forum convenience, lis alibi pendens, anti-suit injunctions); freezing injunctions; interim remedies in support of foreign proceedings; search and seizure orders.
Company and Shareholder Disputes: Directors’ duties (breach of fiduciary duties; conflicts of interest; disclosure duties); joint venture disputes; share issues and transfers (including enforcement of share option agreements); rights of pre-emption; validity of purchases by a company of its own shares; waiver of statutory formalities; s.994 petitions; winding-up petitions and related claims.
Banking/Securities: Duties of care to customers/third parties; payments by mistake; rights and duties of mortgagees, charges and pledgees; enforcement of guarantees.
Sale of Goods: Disputes over title; conversion claims. (waivers, discharges of torts, acquisition of title under the Sale of Goods Act 1979); disputes over quality/fitness for purpose.
Chancery, Equity and Trust Disputes: Breach of trust and fiduciary duties; constructive and resulting trusts; TOLATA claims; estoppel; restitution; undue influence and unconscionability; unjust enrichment.
Yugraneft v Abramovich, Millhouse Capital (UK) Ltd and Berezovsky  All ER (D) 299 (Oct) (Proceedings against Russian citizen and English company; alleged fraudulent dilution of shares in Russian company; proper law; dishonest assistance; delict; unjust enrichment; restitution; double actionability; jurisdiction challenge; Judgments Regulations; necessary or proper party; issue estoppel; res judicata; limitation)
Re OJSC ANK Yugraneft, Millhouse Capital UK Ltd v Sibir Energy plc and others  All ER (D) 311 (Oct) (Russian liquidator applying for winding up petition of Russian company and appointment of provisional liquidator in England; company subsequently commencing proceedings against applicants; applicants seeking dismissal of winding up petition)
Abou-Rahmah v. Abacha & Ors  1 All ER (Comm) 827, 9 ITELR 401 (banking; advance fee fraud; dishonest assistance; money had and received; negligence; duties to third parties; money laundering duties; resulting trust)
Re Areamas Ltd  All ER (D) 56 (Jun) (company, winding up, advertisement, whether bona fide dispute on debt).
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  All ER (D) 368 (Apr) (carousel fraud, civil procedure, application of CPR Part 14 (judgment on admission))
Onyeador v. Miss World Ltd  All ER (D) 257 (Apr), (commercial contract dispute, assignment, agency, subrogation, constructive trust, illegality)
Humphreys v. Humphreys  1 FCR 712 (undue influence; misrepresentation, unconscionable bargain; limitation).
Rupert 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/in relation to Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Ukraine and Uzbekistan.
He has extensive working knowledge and practical experience of the following areas of local law and practice: Duties of representatives /agents; directors’ duties; shareholder rights; delict; unjust enrichment; abuse of rights; limitation; civil procedure in connection with commercial fraud claims; criminal law and procedure relevant to commercial fraud claims; insolvency law (including creditors’ rights); rule of law issues.
Recent CIS cases in which he has been involved include:
January 2011: Bar Council/British Embassy seminars (St Petersburg and Kyiv): Litigating and Arbitrating Commercial Disputes in England: Practical Tips for Foreign Lawyers, Different ways in which jurisdiction can be established in England.
April 2011: BRLA/British Consulate seminar (Ekaterinburg): Application of English Law in Russia – (Shareholders Rights and Related Issues): Shareholder Disputes – Obtaining Relief from the English Courts
May 2011: BKLA seminar (Almaty) on Transactional Issues and Dispute Resolution under English and Kazakh Law. Establishing jurisdiction in England
June 2011: English Law Week (Moscow): Arbitrating Russian Disputes in England
October 2011: ABA Fall Meeting (Dublin): Obtaining Interim and Emergency Relief in Support of Arbitration – From the English Courts, the London Court of International Arbitration and English Tribunals generally.