Rupert D’Cruz

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:

  • “very bright”; Legal 500 2009
  • “calm and thorough”; Legal 500 2009
  • “highly responsive”; Legal 500 2009
  • “advocacy is excellent”; Legal 500 2011
  • “succeeds in obtaining the relevant responses without being aggressive” Legal 500 2011
  • “singled out for his authoritative arguments in court”; Chambers 2012
  • “heavily involved in commercial litigation and arbitration related to the CIS”; Chambers 2012

 Rupert’s principal areas of practice are:

  • Commercial Contract Disputes
  • Civil Fraud and Asset Tracing
  • Company and Shareholder Disputes
  • Russian & CIS Litigation
  • Banking, Securities & International Trade
  • Chancery, Equity and Trust Disputes

Further details of his specific experience in these areas can be found on the “Commercial” pages 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:

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

He is also the co-ordinator of Littleton’s recently established CIS Group 

Further details of Rupert’s Russian/CIS experience can be found on the “Russia & CIS” pages below and the attached c.v.

 

commercial

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 conveniens, 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, chargees 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. 

recently reported cases

  • Yugraneft v Abramovich, Millhouse Capital (UK) Ltd and Berezovsky[2008] 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 [2008] 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 [2007] 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) 
  • 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, illegality)
  • Humphreys v.Humphreys [2005] 1 FCR 712 (undue influence; misrepresentation, unconscionable bargain; limitation)

Russia / CIS (1)

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:

  • Yugraneft v. Abramovich, Millhouse Capital (UK) Ltd and Berezovsky
  • Gudavadze, Patarkatsishvili, Zhmotova & Others v. Kay and Patarkatsishvili
  • Contractual dispute between Russian parties over the purchase of a yacht
  • Corporate dispute between Kazakh and Russian parties relating to the enforcement of a share option agreement
  • LCIA arbitration between Russian parties involving a commodities dispute
  • LCIA arbitration between Russian parties involving a joint venture dispute
  • Shareholder disputes between Ukranian parties
  • Fraud dispute between Ukrainian parties relating to the sale and purchase of oil
  • Enforcement of an arbitral award involving Russian and English parties

Russia / CIS (2)

  • Enforcement of a Russian court judgment
  • Sale of goods dispute between Russian and Indian parties
  • LCIA arbitration between Kazakh and Russian parties involving breaches of fiduciary duties by directors and consequential claim for rescission
  • Advising on the non-contractual enforcement remedies available to the proposed transferee of the borrower’s rights under a $250 million facility agreement between two Russian parties.
  • Advising on jurisdictional issues in relation to a 300 million fraud dispute involving Russian parties
  • Winding up petition based on a Russian court judgment
  • Contractual dispute between Kazakh and English businesses
  • Breaches of a director’s duties in relation to a company with Kazakh-based operations
  • Banking and fraud dispute involving Russian parties
  • Contractual dispute between Georgian and Italian companies
  • Shareholder dispute between Ukrainian Parties

recent articles and lectures

  • Damages in Commercial Litigation
  • Fraud, Misrepresentation and Deceit – Choosing Your Remedy
  • Shareholder Disputes – Obtaining Relief from the English Courts
  • Conflicts of Laws in Corporate and Shareholder Disputes
  • Professional Negligence Claims Against Auditors
  • Duties of Solicitors and Other Professional Advisers to Third Parties
  • Non-Party Cost Orders
  • Interim Remedies in Support of Foreign Litigation and Arbitration – How And When English Courts Can Assist
  • Antisuit injunctions
  • Litigating CIS related fraud claims in England: ((i) establishing jurisdiction; (ii) governing law; and (iii) Russian law issues)
  • The Enforcement of Foreign Judgments and Arbitral Awards in England & Wales and  Russia/Ukraine
  • Enhanced Protection of Creditors’ Rights – Recent Changes in Russian Insolvency Law
  • Recent Legal Developments in Russia Relevant to Business and Commerce
  • Recent developments in arbitration in Russia

recent international SEMINAR PRESENTATIONS

September 2010: ABA Conference (Moscow): Cross-Border Dispute Resolution. The private international law issues relating to the service of proceedings, interim remedies, obtaining evidence and enforcing court judgments.

January 2011: Bar Council/British Embassy seminars (St Petersburg and Kyiv): Litigating and Arbitrating Commercial Disputes in England: Practical Tips for Foreign Lawyers, Establishing jurisdiction in England and Wales

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

September 2011: ABA Conference (Moscow): Third Annual Conference on Resolving CIS Business Disputes. Shareholder Disputes: Protecting Minorities in Russia, England, the Netherlands and Cyprus

September 2011: First Legal Forum (Almaty): Oil & Gas Disputes: Choosing between Arbitration and Litigation.

October 2011: ABA Fall Meeting (Dublin): Obtaining Interim and Emergency Relief in Support of Arbitration – From the English Courts, the LCIA and English Tribunals generally.



© Littleton Chambers 2011

Download Adobe Acrobat Reader