Chambers UK Bar 2023 listed Rupert as a leading silk in both Chancery Commercial (Band 2) and Commercial Dispute Resolution. It his Rupert’s strengths as follows: ‘Extremely considered in his approach and excellent on his feet’; ‘Strategic in his thinking and someone with a pleasant manner, he is responsive and has a good eye for presenting complex matters in an appealing way’; ‘Rupert is very good with clients. He’s a smooth operator but can roll his sleeves up and fight the good fight when needed’.

Rupert appeared in Legal 500 2023 as a leading silk in Commercial Litigation: ‘Enormously impressive grasp of Middle Eastern politics and business, his ability to manage complex issues and produce detailed submissions has been remarkable. As an Arabic speaker, he is somewhat unique.’

Rupert appeared in Chambers Global 2022 as a leading silk in Dispute Resolution: English Bar in the UAE (Band 1), Dispute Resolution: Commercial – UK (Band 5) and Dispute Resolution: Commercial Chancery – UK (Band 4). Clients reported that “Rupert is a phenomenally good DIFC advocate. He understands the brief, he is measured in his delivery and he knows which points to pursue”; “He is very methodical and meticulous, but also so approachable and just a delight to deal with”.

He is similarly identified in Legal 500 2022 as a leading silk both in Commercial Litigation and in Banking and Finance and in Chambers UK Bar 2022 as a leader at the Bar in Chancery Commercial litigation.

Legal 500 2021 and 2022 ranked him in Tier 1 of the Leading Silks working in the Middle East: “Arabic- speaking Rupert Reed QC is held in high esteem in the DIFC”, and reported client comment that: “Rupert is extremely calm under pressure, personable and has strong analytical and drafting skills. His oral advocacy skills are also strong and he is able to think on his feet and he has in-depth knowledge of English and DIFC law and DIFC Court procedural issues”.

Legal 500 2022 further identified him as a Leading Silk in Commercial Litigation: “Rupert is a commercially focused and astute barrister, with a profound understanding of the Middle East, particularly the DIFC”.

Chambers UK Bar 2022 noted of his Commercial practice that he is “one of the most pre-eminent barristers appearing before the DIFC. His experience in that regard is almost unmatched, and he always garners respect from the bench”.

Of his Chancery Commercial practice, Chambers UK Bar 2022 noted comments by clients: “Someone who is really carving out a practice in Middle East disputes, he spends a lot of time in the DIFC and has a real reputation for doing the commercial chancery side of those disputes. He is very user-friendly and very slick in his presentation of cases”.

He was described in Legal 500 2021 as: “a go to QC for international complex fraud and dispute resolution – he brings long-standing experience and a diligent approach to his cases, giving considered and practical advice to achieve the very best outcome for his clients”.

Chambers Global and UK Bar 2021 observed his strengths as a Chancery Commercial silk: “He has a brilliant bedside manner with clients and is very sympathetic and patient. He’s a really good advocate and his written work is excellent. A class act.” “He is an absolute mine of information and is technically and intellectually strong.”

Chambers Global 2021 further includes Rupert in its ‘Spotlight Table’ for UK barristers active in the UAE and notes that he “acts on a variety of commercial disputes in the DIFC Courts… His varied client base includes major energy companies, hospitality brands and well-known financial institutions. Sources comment: “He is highly regarded for DIFC Court litigation and knowledgeable about the legal systems in the Middle East.””

Chambers UK Bar and Chambers Global 2020 put him in Band 3 for Chancery Commercial Litigation, and identified him as: “A noted leader in both commercial and pure chancery matters. His highly respected practice is focused on commercial agreements. He is a particularly fine choice of counsel for Middle Eastern work”

Sources said that: “He’s a good guy who has a terrific grasp on tactics. He remains a good team-player and collaborates well with his juniors and the solicitor’s team.”

Chambers Global 2020 also listed him among the six Leading Silks in Dispute Resolution, UAE (Expertise Based Abroad): “Based in London, respected barrister Rupert Reed QC is noted as very active in the region, and is commended not least for his knowledge of Arabic. He advocates on a broad range of commercial disputes in the DIFC Courts and also acts in arbitration, representing clients from sectors such as banking and real estate”.

Chambers Global and UK Bar 2019 said of him as follows: “A respected silk who is described by sources as pleasant, polished and smooth. His commercial chancery practice has an international thread running through it, and he has particular specialism in work with a Middle Eastern aspect to it.” “His knowledge of DIFC court law is excellent”.

Chambers Global and UK Bar 2018 noted the following views of him: “Very user-friendly and gets down to the detail of a case. He knows what the clients want and is a team player. He is commercial and offers good options based on sound legal principles.” “Thorough, well reasoned, approachable, young and dynamic.”

Legal 500 EMEA 2019 lists him as a leading Commercial silk in its UAE directory: “He stands out because of his unique ability to cross-linguistic and cultural gaps in cases connected to the region.”

In early Commercial practice, he was involved in long-running Commercial Court proceedings including the Equitable Life and Patarkatsishvili / Berezovsky litigation. Much of his commercial practice is now focused on contracts relating to property development, investment, and finance.

Most of his work has an international dimension, for example in relation to international commercial arbitration and in dealing with disputes relating to investments from the Middle East in property and related funds in Europe and the UK. His work commonly involves allegations of fraud, corruption, breach of AML regulations, conspiracy, breach of fiduciary duty, and negligence. He is often instructed on the interim applications, including for urgent freezing injunctions and anti-suit relief, that arise in such litigation.

He has significant experience in disputes within companies, partnerships, and other joint ventures, often concerned with property development projects. His years of prosecuting company directors’ disqualification cases while on the Treasury panel gave him related expertise in directors’ duties, and he has acted in many shareholder disputes.

Rupert does a significant amount of Banking and Finance work, extending to trade finance and Islamic finance written in London and the Gulf region. Much of this work requires detailed knowledge of the relevant financial services and regulatory regimes.

He regularly acts on commercial claims in the Dubai International Finance Centre (DIFC) Courts. He has edited four editions of a Commentary on the Rules of the DIFC Court that is widely used in the Dubai legal community and has become commonly referred to in DIFC Court litigation as the ‘Blue Book’.

Recent Cases Include:

Acting with DWF for a major French-owned precious metals refiner in a dispute as to whether the DIFC Courts have jurisdiction to determine whether significant losses from an industrial accident were covered by a refinery insurance policy fronted by a Dubai insurer and reinsured in London: Union Insurance Company PJSC v. International Precious Metal Refiners LLC [2022] DIFC CFI 064 (15 September 2023); further acting with DWF on an appeal from the Court’s decision in denying a challenge to the jurisdiction of the DIFC Courts.

Acting with KBH in pursuing claims for USD 33 million by a former senior executive in the Liberty Steel Group for unpaid bonus payments and payments under the Long-Term Incentive Plan arrangements in various complex letter agreements made in persuading him to move from his previous position as regional CEO in the Arcelor Mittal steel group.

Acting with Akin Gump in successfully resisting an application for an interim injunction preventing the enforcement in the US District Court of Southern New York of Kuwaiti judgments on certain lender clams against a Middle East government for USD 490 million sought in aid of ICC arbitral proceedings seated in the DIFC in which the relevant government was seeking a permanent injunction: [2023] DIFC ARB 002 (26 June 2023).

Acting with DAC Beachcroft for a BVI investment entity in pursuing in LCIA arbitral proceedings substantial loss of profit claims arising out of the exclusion of a foreign investor from a joint venture with a GCC sovereign entity that was primarily engaged in the installation of intelligence equipment in civil and military aircraft.

Acting with DWF and Burford Capital in obtaining a worldwide freezing order in the DIFC Court against the directors and shareholders of a UAE conglomerate in support of New York proceedings against them as the “alter egos” of the UAE holding company, alternatively in setting aside a fraudulent transfer to them and others of company assets intended to frustrate enforcement of the award of an ICC arbitration seated in New York; further obtaining a committal for contempt in what is now the leading DIFC Court judgment on the contempt jurisdiction of that court: Lateef v. Laamih [2021] DIFC Arb 021 (29 July 2021); (24 March 2022).

Acting with DWF and Burford Capital in obtaining a worldwide freezing order in the Chancery Division against a director and shareholder of a UAE conglomerate in support of the same New York proceedings: (1) Cesfin Ventures LLC (2) Cessna Finance Corp v. Ghaith al Ghaith [2020] EWHC 3337 (Ch); [2020] EWHC 3683 (Ch).

Rupert has been recommended in Chambers & Partners as a leading practitioner in the field of professional negligence. His work, both for claimants and for defendants’ insurers, extends right across his areas of practice, with a strong focus on solicitors, barristers, company directors, tax advisers, IFAs, accountants, and other property and pension professionals.

He has particular experience in cases raising issues of the responsibility of professionals, in particular solicitors and conveyances, for failures to identify frauds perpetrated on clients and their counter-parties, and the relevance to those issues of their breaches of anti-money laundering obligations.

He also has significant experience in SAAMCo issues relating to the scope of the professionals’ duty and the alleged causation of financial loss.

His work on lawyers’ negligence claims arises principally both from drafting or advisory errors on major commercial and corporate transactions and from the alleged mishandling of litigation. In a number of recent cases, he has acted for the victims of identity fraud in property transactions in suing their solicitors and licensed conveyancers who paid money out to fraudsters without complying with their relevant professional and regulatory rules and guidelines.

His directors’ negligence practice has followed his involvement in successfully defending one of the non-executive directors of Equitable Life from the Society’s claims. He has a particular interest in the definition of the scope of the duty of directors by reference to their particular functions.

His work on advisory claims against financial services professionals builds on his related expertise in banking and financial services regulation. The scope of the relevant duty of care is commonly informed by the defendant’s regulatory responsibilities in the FCA Handbook or DFSA Rulebook.

His accountants’ negligence practice arises not only from core audit, assurance, and advisory work but also from financial due diligence carried out on the sale and acquisition of significant businesses.

Recent Cases Include:

Acting with Field Fisher for an offshore property developer in the trial of claims for £48m against an international law firm for advisory negligence in failing to advise as to the merit of tenant’s claim that the development scheme was in breach of a covenant in the tenant’s lease: Aurium Estate London Ultra Prime Ltd v. Mishcon de Reya LLP [2022] EWHC 1253 (Ch) (one of the Lawyer’s ‘Top 20’ Cases of 2022).

Acting with Al Tamimi for an Indian financial advisory group in defending claims by a Sri Lankan joint venture party of negligence arising out of its failure to prevent a cyberattack by which the joint venture company was defrauded of significant sums; [2019] DIFC CFI 042 (6 October 2020) (28 October 2020).

Acting with Norton Rose Fulbright for a Canadian internet gaming entrepreneur in defending claims for USD 90 million by an asset an investment management company of negligence in filing an equity commitment letter purportedly provided by the claimant but said by it to have been forged: KBC Aldini Capital Ltd v. (1) Baazov (2) Canaccord Genuity Corp [2017] DIFC CFI 002 (14 October 2018) (12 February 2020).

Acting for a waste management and haulage company in suing its former solicitors for negligent advice in respect of their failure to withdraw a Part 36 offer where disclosure significantly improved the merits of its claims against Renault Trucks in respect of a defective fleet of vehicles: George Killoughery Ltd v Cubism Law [2017].

Advising a firm of solicitors on its defence to an application for committal for alleged civil contempt in making collateral use of disclosed documents: (1) Grosvenor Chemicals Ltd (2) Whyte Chemicals Ltd (3) Melvyn Whyte v (1) UPL Europe Ltd (2) UPL Deutschland GmbH (3) Mishcon de Reya LLP (4) Herzog [2017] EWHC 1893 (Ch).

Acting with Field Fisher for the victim of an identity fraud in pursuing claims against a firm of licensed conveyancers that had acted for the fraudster on the purported sale of a house in Fulham for breach by that firm of its express and implied warranties of authority and for breach of trust in paying the purchase monies to the fraudster: Rees v Walter Saunders [2016].

Acting for a property developer in the DIFC Court in having struck out claims that the developer had assumed, and was in negligent breach of, a duty of care in respect of representations said to have been made to purchasers: First Rand Property Holding (Middle East) Ltd v Damac Park Towers [2014] DIFC CFI 030 (2 April 2015).

Acting with Clyde & Co in defending claims for £2.5m against a firm of solicitors which had drafted contractual documentation in assuming that the relevant transaction was the assignment of a lease of commercial and residential premises, when what was contractually required was the grant of a sub-lease: F&M (Investment Holdings) Ltd v Seabourne Lawleys Ltd [2015].

Acting with William Sturges against solicitor administrators in respect of alleged gross negligence in the administration of the high-value estate and various will trusts: Eley v Magwells & Ors [2015].

Acting with Clyde & Co in defending a national firm of solicitors on the basis that an admitted drafting error in an overage agreement was not causative of any loss because the agreement could still be read to require the market value underpin to be determined at the date of exchange and not completion [2014].

Acting on claims of audit and advisory negligence against Grant Thornton both in its auditing of a UK company and for its corporate finance advice on the acquisition of that company for over £16m: Wilson & Go Plant Ltd v Grant Thornton UK LLP [2014].

Acting successfully with Clyde and Co for a firm of solicitors at trial in the Chancery Division and on appeal to the Court of Appeal in defending claims arising out of a failure to ensure that certain shares were charged as security for a substantial commercial loan: Clack v Wrigleys Solicitors LLP [2013] EWHC 413 (Ch); (2013) 163 NLJ 17: [2013] All ER(D) 127 (Mar).

Acting successfully with Mills & Reeve for a barrister in securing the withdrawal of negligence claims in respect of the barrister’s advice, while on holiday, that a chargee could exercise immediately its power of sale without any valid exclusion of the statutory requirement of notice [2013].

Acting with Linklaters for a Lehman subsidiary in pursuing claims that Northern Rock had been negligent in servicing loans pursuant to the transfer of a portfolio of 68 mortgages: LCMC v Northern Rock (Asset Management) plc [2014].

Acting with DAC in a lengthy trial and subsequent appeal on claims by the owner of Britannia Hotels against his former solicitors on their advice as to the value of his earlier claim against a firm of accountants and as to the merits of a settlement: Langsam v Beachcroft LLP [2011] EWHC 1451 (Ch); [2011] 3 Costs LO 380; [2012] EWCA 1230; [2013] 1 Costs LO 112 [2012].

Rupert is consistently recognized as a leading practitioner in Property and Real Estate litigation in all of Chambers UK Bar, The Legal 500 and Who’s Who Legal: UK Bar. In 2022, he was recognized as one of the world’s leading property practitioners, a ‘Global Leader’, in WWL’s Real Estate Reports for 2022 and 2023.

Chambers UK Bar 2024 notes of his practice in Real Estate Litigation: “Well known for his extensive property practice, he regularly undertakes disputes concerning the management and development of commercial properties. He is particularly well known for his work on financial and joint venture disputes relating to commercial property for clients in the retail and leisure sectors. He undertakes work for wealthy Middle East clients, concerning property in London.”  It further noted client comment as to his strengths: ‘Rupert is a fantastic operator at the top of his game’.

Legal 500 2024 lists him in Tier 3 of the Leading Silks in Property Litigation, noting his leading role in the Asturion case and the following client comment: ‘He is a strategic thinking, which clients value.  His preparation and legal analysis are meticulous.  In court, Rupert is authoritative and commands the confidence of the judge.’

Legal 500 2023 listed him in the same tier and reported client comment on his Property practice: “A measured, fiercely intelligent and thorough silk; Rupert is commercially astute and analyses the details to leave no angle unexplored. He has a very user-friendly manner and builds a great rapport with solicitors and clients alike.”

Chambers UK Bar 2023 reported client comment that he is ‘very user-friendly and knowledgeable’.

Legal 500 2022 listed him as a Leading Silk in Property Litigation: “Rupert Reed QC has a diverse practice with a particular emphasis on commercial, financial, and joint venture disputes, and led the representation of Al Jawhara bint Ibrahim Al Ibrahim, a widow of King Fahd of Saudi Arabia, in resisting claims to her property, Kenstead Hall in Highgate, by Asturion, a Liechtenstein entity”.

Chambers UK Bar 2022 reported client comment that “Rupert is super-bright and incisive” and “is  particularly good at cases with a property fraud crossover”.

Who’s Who Legal 2022 recommends him as a National Leader in its ‘UK Bar – Real Estate – Silks’ category. It notes that “Rupert Reed QC is “on top of the detail” and “extremely thorough” with “an extremely professional approach to cases”. One respondent adds, “He knows how to turn up the volume in court.”

Who’s Who Legal 2021 recommends him as a Global Leader in Real Estate.

Legal 500 2021 ranks him in Tier 3 of the leading silks in Property Litigation: “Super-bright and always able to focus in on the key points of the case in question”.

Chambers UK Bar 2021 further noted the following client comment: “Super bright and able to focus on the key points in the case in question.” “He is very easy to work with, his advice is always very prompt and he has excellent organisational skills and is a very strong advocate in court.” “His written work is excellent. He is very diligent and thinks quickly on his feet."

Chambers UK Bar 2020 also ranked him as a leading barrister in Real Estate Litigation and noted the comments of clients: “He is so user-friendly and is exceedingly proactive in driving cases forward.” “He has an easy-going light touch and gets the balance just right in Court.”

Legal 500 2020 identified him as being a leading silk in Property Litigation: “Oozes experience, very calm under extreme pressure with deadly accuracy in the court room.”

Chambers UK Bar 2019 noted the comments of clients on his work in the Property field: “He is exceptionally bright and extremely impressive on his feet.”

Legal 500 UK Bar 2019 ranked him as a leading junior in Property Litigation and noted that he is “[e]ntirely on the point with advice that is relevant and advances the case.”

Chambers UK Bar 2018 noted the comments of sources: “Always contactable and extremely approachable, he’s a lawyer whose analytical skills are amazing.” “He’s very good at getting his head around very complex problems and working with the more difficult clients.”

Legal 500 UK Bar 2017 noted further that: “He is very client-friendly in his approach and provides creative solutions to complex legal disputes.”

Who’s Who Legal: UK Bar 2016 reported that “Rupert Reed QC is a “superb” property development, management and finance barrister, with an “enviable client list”.

Who’s Who Legal: UK Bar 2015 noted that “the “chancery star” Rupert Reed QC is “fiercely intelligent” in complex financing and real estate transactions. Reed has a high profile client base and receives positive feedback from clients who say he is “excellent on his feet, with a fluid style of advocacy, which resonates well with clients and judges”.”

In 2017 and 2018, he won Property Barrister of the Year in the Finance Monthly Global Awards.

He combines a strong academic interest in the law of Real Property with significant experience of contractual disputes arising out of the transfer, development, financing, and management of commercial property. In recent years, he has built a substantial practice in advising on and litigating disputes relating to business and industrial parks.

While his core property practice is in England, Rupert is a registered advocate before the courts of the Dubai International Finance Centre (DIFC) and has acted in a number of property disputes arising there and heard in the DIFC Courts, including a number of matters in which he has acted for DAMAC.

Many of his arbitrations also concern issues of English, UAE, Dubai and English law arising from contracts for the sale, reservation and development of land in the DIFC, Dubai, and wider UAE.

He further has some experience of the principles of the laws of planning and compensation and acts in cases requiring knowledge of both those principles and the law of Real Property.

Recent Cases Include:

Acting with Field Fisher for an offshore property developer on claims for £48m against an international law firm for its failure to advise as to the merit of the claim by a tenant of part of the development site that the development scheme was in breach of the landlord’s covenant to keep the structure of the existing building in good repair: Aurium Estate London Ultra Prime Ltd v. Mishcon de Reya LLP [2022] EWHC 1253 (Ch) (one of the Lawyer’s ‘Top 20’ Cases of 2022).

Acting with DWF in obtaining a freezing order to freeze various high-value residential properties in London and Surrey in support of New York proceedings against the director of a UAE company on the basis of his procurement of the the company’s gifting of Dubai properties to frustrate the enforcement of an ICC award against the company: (1) Cesfin Ventures (2) Cessna Finance Corp v. Ghaith al Ghaith [2020] EWHC 3337 (Ch); [2020] EWHC 3683 (Ch).

Acting with Shakespeare Martineau for a property management company within the Noé Group in claiming damagesfrom the intending vendor of the Winnersh Triangle business park for breaches of its duties of good faith, of reasonable endeavours in assisting the purchaser’s due diligence, and of exclusivity pursuant to the ultimate sale of the park to a Frasers Property group subsidiary: Capreon (UK) Ltd v. Winnersh Holdings LP [2019].

Acting with Simmons & Simmons for a wife of the late King Fahd of Saudi Arabia in defending and on the striking out of claims made by a Liechtenstein foundation to ownership of a substantial London property transferred to the wife by the foundation on the instructions of King Fahd: Asturion Foundation v Her Highness Princess Al Jawharah bint Ibrahim Abdulaziz al Ibrahim [2019] EWHC 274 (Ch); Alibrahim v. Asturion Fondation [2020] EWCA Civ 32.

Acting with Cooke Young & Keidan for the former head of the family office of the late Prince Fahd bin Salman of Saudi Arabia in pursuing contractual and restitutionary claims for commission owed on various Knightsbridge property developments: Hussein v Her Highness Princess Nouf Bint Khalid bin Abdullah al Saud [2018].

Acting with Sherrards for two groups of European investors in successfully obtaining declarations as to their company’s beneficial ownership of part of the North Kensington Gate development site pursuant to a deed executed on its acquisition, and successfully obtaining summary judgment on fraud claims relating to the promotion of the development site: Aurora Developments Ltd & Ors v Delta Holdings Limited & Ors: [2018] EWHC 1047 (Ch).

Advising the owners of development land in Hampshire whether the purchaser of the land could prevent the making of an application for planning permission and the consequential termination of the sale agreement by failing to appoint a director of the property holding company [2018].

Advising a property fund owning development land in Northamptonshire on its exposure on an indemnity provided in its long lease of the land for the costs of complying with a section 106 agreement relating to a specific grant of outline planning permission that was likely to have expired [2018].

Advising the property fund owning a major business park in Hampshire as to whether it could continue to provide a shuttle bus service within the ‘sweeper clause’ in the provision for estate services in its management deed and whether certain occupants were paying a fair and reasonable proportion of the cost of that provision [2018].

Acting for a developer in the North East on claims against the other members of a consortium of landowners seeking planning permission for the redevelopment of green belt land around Durham who acted in breach of their original partnership and option agreements in secretly entering a new partnership with Durham County Council: Galaxy Land Ltd v. Corney & Ors [2017].

Acting in the Property Chamber of the First Tier Tribunal for the registered proprietor of the North Kensington Gate development in defending claims to the registered title by a Guernsey entity controlled by the original promoters of the development: Delta Holdings Ltd v Aurora Developments Ltd [2017].

Acting with Browne Jacobson for a leading UK businessman on a boundary dispute affecting his principal residence in Nottingham: Nathu Ram Puri v. John Michael Gibney [2017].

Acting with Gowling for a Jersey property company against Hewlett-Packard in obtaining a statutory extension of Hewlett-Packard’s lease of its UK premises in Warrington for a new term of sufficient length to give reasonable commercial certainty to the landlord: Lamont Property Acquisition Company (Jersey) IV Ltd v Hewlett-Packard Limited [2016].

Acting with Field Fisher for the victim of a vendor identity fraud in suing the firm of licensed conveyancers which had acted for the fraudster, who had impersonated the owner of a valuable property in Fulham, for breach of the firm’s warranties of authority, alternatively breaches of trust in paying the purchase monies to the fraudster: Rees v Walter Saunders [2016].

Advising the Hong Kong purchaser of a property in Canary Wharf worth £130 million on the implications of a challenge to the sale by a shareholder of the vendor and the risks of the forfeiture of the purchaser’s deposit or of constructive trust claims being advanced [2016].

Acting with Brecher for the freehold owner of retail premises on Guildford High Street in compelling a national supermarket chain to enter a new agreement for lease and pay damages and costs under its guarantee of the original lessee which had been put into administration [2016].

Advising a property fund owning a significant part of the apron of a major UK motor-racing circuit whether a land exchange agreed with the circuit owner was enforceable and had been repudiated by the circuit owner’s refusal to execute the required documents [2016].

Acting for the UK asset manager of a portfolio of industrial sites around Heathrow in a contractual dispute with a leading US investment firm as to the forfeiture of the asset manager’s £15 million profit share under its asset management agreement for alleged bad faith, breaches of a restrictive covenant, and the breach of a key executive provision [2016].

Acting for the same UK asset manager against the same US investment firm in claiming that its ‘best internal estimate’ of the value of the relevant assets for the purpose of calculating the asset manager’s profit share undervalued them by £90 million by wrongfully excluding information of an open market offer made for those assets by a third party [2016].

Acting for DAMAC in the DIFC Court of Appeal on a successful appeal in which the Chief Justice confirmed the contractual validity of property reservation agreements and a commercial approach to the construction of those agreements: Damac Park Towers Company Ltd v Ward [2015] DIFC CA 006 (14 December 2015).

Acting with CMC McKenna on a claim for damages for the purchaser of a shopping centre for late completion by the purchaser on the Court’s finding that the production of certain certificates was a condition precedent only to the purchaser’s obligations: BOBN Ltd v Analytical Properties Ltd [2014] EWHC 802 (Ch); [2015] EWCA Civ 43; [2015] PLSCS 38 [2015].

Acting for DAMAC in the DIFC Court of Appeal in appealing findings that a developer had not given ‘possession and occupation’ within the terms of the relevant SPAs: Damac Park Towers Company Ltd v Dattani [2014] DIFC CA 007 (10 November 2015).

Acting for DAMAC in the DIFC Court in having struck out various purchaser claims relating to changes in the floor layout of office units in a tower built in the DIFC: First Rand Property Holding (Middle East) Ltd v Damac Park Towers [2014] DIFC CFI 030 (2 April 2015) CFI 030/2014 [2015].

Acting with King & Wood Mallesons for a Dubai developer in defending contractor claims for in excess of AED 1 billion in a DIAC arbitration in respect of a major infrastructure development by a former member of a joint venture [2015].

Acting for members of a leading Saudi family in claiming their late father’s beneficial ownership under a presumed resulting or constructive trust of various London properties: El Seif & Anor v Tavina Holdings Inc & Ors [2015].

Acting with Linklaters for the administrators of Lehmans on claims for breach of warranty and of the servicing obligations under the transfer from Northern Rock of a mortgage portfolio: LCMC v Northern Rock (Asset Management) plc [2014].

Acting with Berwin Leighton Paisner for National Grid on the appeal of a decision by the Upper Tribunal (Lands Chamber) awarding a developer compensation on the grant of a wayleave for the injurious affection of land arising on the loss of a contract: Arnold White Estates Ltd v National Grid Electricity Transmission plc [2014] EWCA Civ 216; [2014] Ch 385; [2014] 2 WLR 1055.

Acting for a developer and purchaser of land in Durham on an indemnity provided by the vendor that it would rectify an option to which the land was subject so as to exclude from the option part of the purchased land: Galaxy Investments Ltd v North of England Estates Ltd [2014].

Acting withy DLA Piper in obtaining a settlement of claims for £18m for deferred consideration on the sale of an interest in a major business park in the North East, for damages for the diversion of profits from relevant plots, and for a declaration that another plot was held on constructive trust [2013].

Acting with CMC Cameron McKenna for a national telecoms operator in obtaining arbitral declarations on the construction of complex effective sale and lease-back arrangements involving the operator’s entire property portfolio, and in particular as to the calculation of compensation payable on the early vacation of subject premises [2013].

Acting with DAC Beachcroft for the Anguillan SPVs holding the freehold and long leasehold estates in the Pinnacle Tower in the City in defeating claims by a Saudi equity investor that he had a beneficial interest in those estates: Abbar v SEDCO & Ors [2013] EWHC 1414 (Ch) [2013].

Acting for the purchaser of a DIFC property off-plan in claims against the developer with issues as to the delay in handover, the registration of the property, and the developer’s failure to provide an SPA: Dorsey v Union Properties [2013] DIFC CFI 05.

Advising on a US$1 billion claim by the owner of a development property in Dubai in respect of the alleged unlawful enforcement of a security over the land [2012].

Rupert has significant experience of trust and contentious probate litigation, with a particular emphasis on commercial and property claims involving trust and fiduciary claims by or against nominees, trustees or personal representatives.

Much of his commercial work involves proprietary and personal claims arising from the fiduciary roles of company directors, partners, and agents in a wider business context.

Rupert has a particular interest in the imposition of fiduciary duties by Islamic finance instruments that may be said to create trust and agency relationships.

He has been called (ad hoc) to the Bar of the Cayman Islands and advised in litigation with significant trust elements in the Channel Islands and British Overseas Territories.

Recent Cases Include:

Acting with Lalive and Simmons & Simmons for a wife of the late King Fahd of Saudi Arabia in defending trust claims made in the Chancery Division by a Liechtenstein foundation in respect of a high-value London property on alleged grounds that the transfer of those assets was invalid as a matter of the law of Liechtenstein foundations as well as Saudi and Shari’a law of succession: Asturion Foundation v Her Highness Princess Al Jawharah bint Ibrahim Abdulaziz al Ibrahim [2019] EWHC 274 (Ch).

Acting with Boodle Hatfield for the trustees of a charitable foundation in agreeing with the joint administrators of its founder’s estate the terms of a Beddoe order authorising proceedings in Jersey in respect of transfers out of the estate: In the Estate of James Donald Hanson Deceased [2017].

Acting with William Sturges for the administrators of a high-value estate in pursuing claims against the previous executors of a will trust and a beneficiary overpaid by them: Eley v Magwells & Ors [2015].

Acting for the younger siblings in a Saudi family in claiming that certain London properties held by Panamanian companies were beneficially owned by their father and fell into his English estate to be distributed on his intestacy: El Seif & Anor v Tavina Holdings Inc & Ors [2015].

Acting with Harcus Sinclair for the interim administrators of Arkadi Patarkatsishvili (‘Badri’) in collecting US$45m in funds held for Badri’s estate by various interpleading parties, and defending claims made by Boris Berezovsky against the estate: Berezovsky v Abramovich; Berezovsky v Hine & Ors [2010] EWHC 2044 (Ch).

Acting with Harcus Sinclair for the Interim Administrators of Badri’s estate in obtaining directions as to the interim distribution of funds to permit the defence of the estate by certain family beneficiaries under Badri’s intestacy:  Hine & Ors v Gudavadze & Ors [2011].

Advising on trust litigation that could be pursued in the Channel Islands in seeking to secure funds paid into a trust structure used by an aggressive film finance scheme to avoid tax [2010].

Acting with DAC in obtaining judgment for US$12m deposited with a Kuwaiti bank by a Lebanese bank under various Islamic Finance agency agreements on the basis that the relevant deposits had been held by the agent on express or resulting trust: BLOM v The Investment Dar [2010].

Rupert has a substantial civil fraud practice in London and Dubai arising in particular out of (i) property-related fraud both in London and Dubai and (ii) efforts to freeze and recover the proceeds of fraud that have been transferred to or flowed through bank accounts in both Dubai and the wider UAE.

He has been recognised as a leading practitioner in the field of Civil Fraud in ‘Who’s Who Legal: the UK Bar’ since 2020. Who’s Who Legal 2022, 2023 and 2024 have recommended him as a ‘National Leader’ in the ‘UK Bar – Civil Fraud – Silks’ category.

He is described in Legal 500 2021 as: “A go to QC for international complex fraud and dispute resolution – he brings long standing experience and a diligent approach to his cases, giving considered and practical advice to achieve the very best outcome for his clients”.

In recommending his work in Real Estate Litigation, Chambers UK Bar 2022 noted client comment that: “Rupert is super-bright and incisive” and “He is particularly good at cases with a property fraud crossover”.

He has obtained summary judgment in a substantial fraud case in a landmark judgment in the Chancery Division in the High Court in London, as well as a complex trade finance fraud case in the DIFC Court.

He is instructed in fraud matters by the London and/or Dubai offices of Dentons, Al Tamimi, Herbert Smith Freehills, Norton Rose Fulbright, Clyde & Co, DWF and KWF among others.  He has also been used in a number of asset recovery cases by funders including Burford Capital and Deminor.

Recent Cases Include:

Acting with Dentons on the trial of complex trade finance fraud claims for USD 30 million relating to global shipments of oil that were to have originated from Iran on the basis of the implied representation of the absconding borrower and its owner that it intended that the relevant finance would be repaid: SBM v. Renish Petrochem FZE & Mehta [2018] DIFC CFI 054 (2 August 2018) (27 September 2020) (19 November 2020) (28 February 2020) (31 May 2021) (21 December (2021); [2022] DIFC CA 011.  The Claimant succeeded in obtaining an award of USD 21 million in damages, and seeks further damages by cross-appeal in respect of the last of the relevant advances of finance.

Acting with DWF in obtaining an order for the recognition of a foreign arbitration award and worldwide freezing order against the holding company of a major UAE conglomerate on the basis of evidence of its concealed dissipation of assets to its shareholders: [2020] DIFC ARB 017 (22 July 2020).

Acting with Kennedys in obtaining an order for the recognition of a London arbitration award, a worldwide freezing order and notification order in the DIFC Court against a UAE resident entrepreneur on the basis of circumstances including his dishonest statements to foreign courts: [2020] DIFC ARB 014 (17 June 2020).

Acting with Clyde & Co for a major Dutch bank in obtaining the first worldwide freezing order against various entities in the troubled NMC Group and a guarantor in circumstances where the Defendants sought to allege fraud by senior management and forgery of the guarantor’s signature: Credit Europe Bank (Dubai) Ltd v. NMC Trading LLC & Ors [2020] DIFC CFI 031 (14 April 2020); see Financial Times article on case.

Acting with Sherrards in obtaining summary judgment on claims in the Chancery Division for £7 million by Russian and Serbian investors in a £70 million development, the North Kensington Gate: Aurora Developments Ltd & Ors v. Delta Holdings Ltd & Ors [2018] EWHC 1047 (Ch); [2018] EWHC 1356 (Ch).

Acting with Norton Rose Fulbright in successfully defending claims made against a leading Canadian internet gaming entrepreneur for USD 90 million arising out of his alleged involvement in the filing of forged equity investment letters relating to his bid to take over Amaya Inc: KBC Aldini Capital Ltd v. (1) David Baazov (2) Canaccord Genuity Corp [2017] DIFC CFI 002 (14 October 2018) (12 February 2020).

Acting with Dentons for the State Bank of Mauritius in obtaining a worldwide freezing order and related disclosure order to freeze sum believed to have been part of USD 30 million lost by the bank pursuant to a sophisticated trade finance fraud: SBM Bank (Mauritius) Ltd v. (1) Renish Petrochem FZE (2) Hiteshkumar Mehta (3) Prime Energy FZE [2018] DIFC CFI 054 (27 September 2020) (21 October 2020); JJC, Cassation No. 5/2018.

Acting with Al Tamimi in defending claims made by a Sri Lankan conglomerate against the DIFC subsidiary of an Indian financial advisory group in respect of its alleged involvement in a fraudulent cyberattack against the joint venture company incorporated in Sierra Leone: (1) Brown & Company plc (2) B Commodities ME (3) Grey Reach Investment Ltd v. Faber Capital (DIFC) Ltd [2019] DIFC CFI 042 (6 October 2020) (28 October 2020) (15 December 2022).

Acting with Al Tamimi for First Abu Dhabi Bank, the largest bank in the UAE and formerly the National Bank of Abu Dhabi, in opposing the making of a proprietary injunction to freeze accounts in which were held certain bonds said to have been transferred by a Dutch property fund pursuant to fraudulent representations that certain funds had been paid: Larmag Holdings BV v. (1) First Abu Dhabi Bank PJSC (2) FAB Securities LLC [2019] DIFC CA 010 (23 March 2020); [2019] DIFC CFI 030 (19 July 2019) (25 September 2019) (4 August 2019).

Acting with King & Wood Mallesons for a Chinese bank on its application to freeze assets suspected of having been obtained by sending fraudulent payment instructions purporting to come from a director of the bank: CMOC Sales & Marketing Ltd v. Persons Unknown [2017] DIFC CFI 052 (15 December 2017).

Acting with KBH Kaanuun for the liquidators of various DIFC and US companies on claims against funds held by a Swiss in seeking to have set aside pledges made fraudulently by relevant directors: (1) Orion Holdings Overseas Ltd

Rupert is widely recognized as a London silk who specializes in Banking work in the Middle East and in London involving clients from the Middle East.

Legal 500 identifies Rupert as a Leading Silk in Banking and Finance (Tier 3): ‘Rupert Reed KC is noted for his cross-border banking practice in the Middle East and London, with significant experience of cases involving Islamic finance. 

That directory further notes client comment on his Banking practice: ‘Rupert is, for good reason, widely renowned as one of the foremost advocates of the Middle East, not only because of his Arabic-speaking skills but also because of his profound expertise in common and civil law principle and practice and amiable user-friendly approach.  Rupert has an unparalleled knowledge of Middle East civil law and the quirks of DIFC common law and is an incredibly hard-working, astute and technically superb lawyer.’

He was earlier identified in Legal 500 2023 as a Leading Silk in Banking: “Rupert is extremely hard-working, conscientious and effective lawyer, as well as a highly impressive advocate. Rupert combines a deep working knowledge of complex legal and technical law (in what is sometimes a very dense area) with an amiable user-friendly approach which makes him a pleasure to work with and very persuasive on his feet.”

Legal 500 2022 reported the following client comment; “A class act. Very knowledgeable on DIFC law and practice. Excellent cultural awareness and knowledge of local law (with some knowledge of Arabic). Charm personified, a courteous and persuasive advocate”.

He was earlier recognized in Legal 500 2021 as a leading silk in Banking and Financial Services: “Our go-to silk for DIFC Court matters – he is pre-eminent in the UAE and DIFC”. It notes that he “is often silk for Middle East financial disputes, such as (1) First Abu Dhabi Bank PJSC (2) FAB Securities LLC v. Larmag Holdings BV before the DIFC Court and Court of Appeal”.

Chambers Global 2021 included him in its ‘Spotlight Table’ of UK barristers active in dispute resolution in the UAE and notes that his varied client base in the region includes “well-known financial institutions”.

Much of his work arises out of attempts to freeze and recover funds as they pass through the banking system of the UAE and other Gulf states. The cases often require a familiarity with the banking law and regulatory regime in the UAE and wider GCC. They may also require some knowledge of the principles of Islamic finance.

With the advantage of reading Arabic, Rupert is able to navigate to the relevant legal rules or principles and to understand the sensitivities, for example as to jurisdiction and confidentiality, that apply in relevant jurisdictions.

He further has significant experience of the disputes that arise on the third party administration agreements under which many financial institutions in the Middle East are managed.

Recent Cases Include:

Acting with Dentons for the State Bank of Mauritius in recovering USD 22 million on the trial of claims of fraud relating to trade finance provided by the bank to a significant oil-trading company in the UAE in financing its sale of substantial Iranian oil cargos: SBM Bank (Mauritius) Ltd v. (1) Renish Petrochem FZE (2) Mehta [2018] DIFC CFI 054 (29 December 2021); further acting on appeal and cross-appeal in seeking further USD 9 million in damages in respect of earlier advance by SBM: [2022] DIFC CA 011.

Acting with Clyde & Co for a major Dutch bank in obtaining a worldwide freezing order against various entities in the troubled NMC Group and their personal guarantor, notwithstanding the absence of any assets in the DIFC: Credit Europe Bank (Dubai) Ltd v. (1) NMC Trading LLC (2) NMC Healthcare LLC (3) Bavaguthu Raghuram Shetty [2020] DIFC CFI 031 (14 April 2020); see Financial Times article on the case.

Acting with London and Dubai disputes teams from Herbert Smith Freehills LLP on the appeal of a global oil trader against the decision of Justice Sir Richard Field in declining to grant a worldwide freezing order to freeze assets of up to USD 755 million pursuant to the failure of BankMed during the Lebanese banking crisis to repay a deposit which secured a trading facility that BankMed had terminated: IMMS Ltd v. BankMed SAL [2019] DIFC CFI 079; [2019] DIFC CA 013 (16 December 2019).

Acting with Al Tamimi & Co for First Abu Dhabi Bank in resisting a freezing order and disclosure order relating to bonds held in an account in Abu Dhabi in denying the jurisdiction of the DIFC Courts said to arise from the fact of the bank’s having been passporting into the DIFC as a financial institution authorized by the UAE Central Bank: (1) First Abu Dhabi Bank PJSC (2) FAB Securities LLC v. Larmag Holdings BV [2019] DIFC CFI 030; [2019] DIFC CA 010 (16 December 2020).

Acting with Al Tamimi & Co for an Indian financial advisory firm in defending claims by a Sri Lankan conglomerate under an investment management agreement including allegations of breaches of the rules of the DIFC financial regulator, the Dubai Financial Services Authority: (1) Brown & Company plc (2) B Commodities ME (3) Grey Reach Investment Ltd v. Faber Capital (DIFC) Ltd [2019] DIFC CFI 042 (6 October 2020) (28 October 2020) (15 December 2022).

Acting with Dentons for the State Bank of Mauritius in obtaining a worldwide freezing order and pursuing claims to funds advanced under a trade finance fraud to an account in the Dubai branch of the National Bank of Kuwait in a landmark decision in which the DIFC Court made a disclosure order notwithstanding UAE law of banking confidentiality: SBM Bank (Mauritius) Ltd v. (1) Renish Petrochem FZE (2) Hiteshkumar Chinubha Mehta (3) Prime Energy FZE [2018] DIFC CFI 054 (27 September 2020) (21 October 2020); Dubai JJC, Cassation No. 5/2018.

Acting with Norton Rose Fulbright for a Canadian internet gaming entrepreneur in defending claims including that he and the Canadian investment bank had acted negligently and in breach of relevant US and Canadian financial regulatory law in filing with the SEC a forged equity commitment letter purportedly from a firm licensed in the DIFC: KBC Aldini Capital Ltd v. (1) David Baazov (2) Canaccord Genuity Corp [2017] DIFC CFI.

Acting with KBH Kaanuun for the liquidators of DIFC-regulated entities in establishing the jurisdiction of the DIFC Courts to determine the validity of pledges of assets held in the accounts of a Swiss bank that were made in breach of fiduciary duty: (1) Orion Holdings Overseas Ltd (2) Orion Global Financial Services LLC (3) Orion Capital Ltd v. (1) Mohammed Abdel Khaleq Mohammad (2) Nidal Abdel Khaleq Mohammad (3) Privatbank Ihag Zurich AG [2015] DIFC CFI 033 (8 February 2018).

Acting with Brown Rudnick for a major Saudi bank against a European bank on arbitral claims for breach of a third party services agreement under which the Saudi bank was managed by the European bank.

Acting with Linklaters for the Lehman Administrators on claims for breach of warranty arising from Lehman’s purchase shortly before the global financial crisis of part of the mortgage book of Northern Rock: Lehman Commercial Mortgage Conduit Ltd v. Northern Rock (Asset Management) plc [2014].

Acting with Eversheds for entities related to Qatar National Bank in obtaining by summary judgment in the Commercial Court the repayment of sums advanced under a credit facility for commercial property development in Luxembourg: Aquarelle Etoile II v. Etoile Développement 1 SA.

Acting with Clyde & Co on claims arising out of the involvement of Barclays in misstatements made as part of complex trade finance fraud in Dubai: Corinth Pipeworks SA v. Barclays Bank plc [2010] DIFC CFI 024.

Acting in Commercial Court in resisting an application for summary judgment by Dubai Islamic Bank on a security agreement in relying on an argument that Dubai Islamic Bank had colluded with relevant authorities in preventing the debtor from repaying sums owed in order that it could exercise its security rights over a valuable property development: Dubai Islamic Bank PJSC v. PSI Energy Holding Co BSC [2011] EWHC 2718 (Comm).

Acting with DAC in obtaining summary judgment on an Islamic agency agreement in the face of arguments that the agreement was invalid as having been ultra vires the Defendant insofar as Shari’a non-compliant: BLOM Development Bank SAL v. The Investment Dar Co [2009] EWHC 3545 (Ch).