Date of Birth: 1963Date of Call: 1990
Silk Date: 2008
General Information
BSc (Hons); LLB (Hons); LLM (Lond.); Fellow of the Royal Institution of Chartered Surveyors (FRICS); Fellow of the Chartered Institute of Arbitrators (FCIArb); Member of COMBAR (Commercial Bar Association).
Inns of Court School of Law Entrance Scholarship,
Gray's Inn International Mooting prize
Recorder (Crown Court Judge)
Commercial Court Guide Consultative Committee (2005-2006)
Practice
David Allen specialises in commercial law and is known just as much for his incisive advisory work as he is for his powerful advocacy. His particular specialisms within commercial law are insurance/ reinsurance, shipping, banking, engineering, commodities, professional negligence and product liability. He has a reputation for sound commercial instinct and powerful cross-examination. He is particularly sought after in cases which are technically complex in which his scientific qualifications and significant experience come to the fore.
What the Directories Say
David Allen QC is identified by the independent legal directories as a leader in energy law, oil and gas sales, long term contracts, joint venture agreements, power station and refinery disputes, commodities trading, shipment and carriage disputes. Solicitors, clients and his peers have described his attributes in the most recent publications of Legal 500, Legal Expert, Chambers and Legal Week in the following ways:
“David Allen is outstanding in every respect.”
“David Allen Q.C. is known for his advocacy before arbitration tribunals. An expert when it comes to complex technical issues, he was recently the leading defence counsel in a three-month Commercial Court trial concerning the international sale of goods.”
“His peers rate David Allen Q.C. because he “takes innovative points and hits upon cracking points that no one else has thought of.” He handles commercial cases involving the engineering side of oil rigs, other offshore structures and pipelines.”
“… viewed variously as a “punchy”, “robust” and “assertive" counsel David Allen is admired for his fight and capability in court …”
“An exceptional performer and a delight to be against …”
“Pugnacious and sound, he behaves properly before the tribunal, he is fair in not seeking to argue bad points but never compromises his integrity or that of his client’s case”
“… Sources viewed him as straightforward, down to earth and sensible …”“His shipping, commodities and insurance abilities run in parallel with his abilities in product liability, construction and professional negligence…”
“A sound choice for commercial cases that incorporate construction and engineering concerns such as those relating to oil rigs and other offshore structures.”
“..Highlighted by sources as a pragmatic advocate … frequently instructed in offshore construction cases.”
“… one of the stars of the shipping bar … highly thought of by solicitors”
“… recognised for his technical flair and deep experience in the domestic and international upstream oil and gas and maritime spheres.”
Sample Reported Cases
Although most of David’s cases are unreported because they settle or are in arbitration and so are confidential as sample of reported cases is set out below.
Biffa waste Services v. Outokumpu Wenmac AB The Times, November 21, 2008 [2008] EWHC6 (TCC) and [2008] EWCA Civ 1257 (Court of Appeal). David successfully overturned a decision by Ramsey J. holding his clients vicariously liable in tort for burning a waste plant down. The judgment deals with two of the most important aspects of tort law for commercial lawyers namely: (a) the doctrine of vicarious liability; and (b) the doctrine of non-delegable or strict liability for so called ‘extra hazardous’ acts.
Andrew Knudtzon v. Michael James (on behalf of himself and Lloyd’s Underwriters) [2008] (following a large incident in a refrigeration plant, David successfully defended the claim for an indemnity by demonstrating that the loud "bang" and rush of air heard and felt by witnesses was not an ‘explosion’ within the meaning of the policy.
Nippon Yusen Kubishiki Kaisha v. Golden Strait Corporation (THE “GOLDEN VICTORY”) [2007] UKHL 12, [2007] 2 Lloyd’s Rep. 14 (House of Lords) (Leading case on damages flowing from a repudiatory breach of long term charterparty)
Balmoral Group Limited v. Borealis A/S and others [2006] 2 Lloyd’s Rep. 629 (One of the largest product liability cases in the
Balmoral Group Limited v. Borealis A/S and others [2006] EWHC 2531 (Comm.) (Procedure, indemnity costs application, whether a party is liable to pay costs on the indemnity basis as a consequence of unreasonable expert evidence produced by it.)
Balmoral Group Limited v. Borealis A/S and others [2006] EWHC 2228 (Comm.) (Procedure, whether the trial judge can extend time for an application to the trial judge for permission to appeal to the Court of Appeal)
Nippon Yusen Kubishiki Kaisha v. Golden Strait Corporation (No. 2) [2005] 1 Lloyd’s Rep. 443 (Comm); [2005] 2 LLR 747 (Court of Appeal) (Damages: repudiatory breach of charterparty in 2001 – outbreak of war in 2003 - whether the charterparty war clause served to cap damages, the date for assessing damages in contract - leave granted to House of Lords)
Lumberman’s Mutual Casualty Co. v. Bovis Lend Lease Ltd. (No. 2) [2005] 1 Lloyd’s Rep. 494 (Assured reaching settlement agreement with third party including claims and counterclaims, whether the Assured’s loss had been ‘ascertained’ – a case creating “Ground breaking insurance law”)
Lumberman’s Mutual Casualty Co. v. Bovis Lend Lease Ltd. (No. 1) [2004] EWHC 1614 (Comm) 1 Lloyd’s Rep. 494 (Commercial Court Practice – transfer of actions into and out of specialist lists – the Civil Procedure Rules – overriding objectives)
Audrey Jones and (2) Roger Jones v. Congregational and General Insurance plc (2003) The Times, July 7, 2003 (QB) (Fraudulent insurance claim - statutory interpretation of Access to Justice Act 1999 - whether fraudulent publicly funded claimants can receive statutory protection against enforcement of costs orders)
Nippon Yusen Kubishiki Kaisha v. Golden Strait Corporation (No. 1) [2003] EWHC 16 (Comm) (Construction principles, charterparty, repudiatory breach)
Neo Investments Inc. v. Cargill International S.A. [2001] 2 Lloyd’s Rep. 33 (Comm.) (Practice - principles for striking out a claim under CPR 3.1 and 3.4 and the interrelationship between those provisions and CPR 51-PD-19)
John Wyeth & Brothers Ltd. v. Cigna Insurance Company of Europe SA/NV and Ors [2001] 2 Lloyd’s Rep. IR 420 (CA) (New York law litigation insurance/reinsurance, whether excess layers liable where primary layers exercised "buy-out" clause, whether assured in breach of maintenance clause, apportionment of costs between insurers, whether product liability cover excluded by efficacy clause in excess policy)
Glencore International A.G. v. Metro Trading International Inc. [1999] 2 Lloyd’s Rep. 632 (Com. Ct.) (Civil Jurisdiction and Judgments Act 1982, Schedule Articles 17, 21 and 22, whether English or French Court first seized, whether French Bank bound by exclusive jurisdiction clause, whether English proceedings should be stayed)
Skandia Property (UK) and Anor. v. Thames Water Utilities Ltd. The Times, 7th September 1999 (CA) (Whether a Claimant could recover damages following tortious damage in circumstances where the loss claimed occurred as a consequence of non negligent but incorrect professional advice given to the victim of the tort as a consequence of the tort)
Yukong Line Ltd. of Korea v. Rendsburg Investments Corporation of Liberia (No. 2) [1998] 1 W.L.R. 294 (Com. Ct.) (Piercing the corporate veil, consideration of the "sham" doctrine, whether a director was personally liable under a contract, agency, conspiracy, breach of fiduciary duty)
Spectra International Plc v. Hayesoak and Others [1997] 1 Lloyd’s Rep. 153 (CLCC Bus. List) (Carriage of Goods, applicability of RHA limitation provisions to parties in string carriage contracts)
Hewett & Co. and Anor. v. Sinclaire Roche & Temperley and Anor. [1997] 2 W.L.R. 401 (CA) (Documents held by one solicitor to another’s order - whether there was a breach of undertaking when photocopies were retained by the second solicitor - whether compensation payable under the Solicitors Act 1974)
Yukong Line Ltd. of Korea v. Rendsburg Investments Corporation of Liberia, The Times, 22nd October 1996 (CA) (The power of a court to compel a Mareva defendant (now a freezing order defendant) to answer questions concerning the substantive dispute at interlocutory hearings in circumstances where the defendant would not be giving evidence at the substantive hearings (decided prior to the Human Rights Act 1998, albeit the European Convention on Human Rights featured on appeal)
O T Africa Line Ltd. v. Vickers Plc [1996] 1 Lloyd’s Rep. 700 (Comm.) (Mistake by solicitor when accepting an offer on behalf of a client to settle a case - whether there was a binding contract when the offer was accepted)
Colonia v. Amoco Oil [1995] 1 Lloyd’s Rep. 570 (Comm.) (Marine Insurance, claims by assignment)
Bates v. Barrow Ltd. [1995] 1 Lloyd’s Rep. 680 (Comm.) (Illegality, insurance contracts, retrospective interpretation of statute, construction of the Financial Services Act)
The Marel [1994] 1 Lloyd’s Rep. 624 (CA) (Marine insurance, perils of the sea)
Other
Publications: David is co-author with Dr. Alan Dignam of the leading authority on the interrelationship between human rights and corporations: Company Law and the Human Rights Act 1998 published by Butterworths 2000 (forward by The Right Honourable The Lord Hoffmann; reviewed by Professor Sealy, Cambridge Law Journal (CLJ) November 2001 pp. 628-629);
Appointments: Recorder (Crown Court Judge). David has also accepted invitations to sit as an arbitrator.
Scientific Background: before being called to the bar, David’s professional and academic training included structural engineering, design, construction technology, mathematics (pure and applied), statistics, computer programming and modeling, economics (pure), construction economics and corporate finance (he was awarded the WM Law Memorial and RICS Prize for the most outstanding contribution to Building Economics).
His cases have spanned across a full range of scientific disciplines from plant pathology to exothermic reactions in fiberglass; from cargo liquefaction (soil mechanics) to polyethylene morphology; from weld fractures to tornado meteorology.
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