Described by his professional clients as “outstanding in every respect” and “admired for his fight and capability in court” (see “In the Directories”), David Allen QC specialises in commercial law and is known just as much for his incisive advisory work and sound commercial instinct as he is for his powerful courtroom advocacy.

His particular specialisms within commercial law are insurance/ reinsurance, shipping, banking, engineering (including all aspects of shipbuilding), sale of goods, professional negligence and product liability.

David recently led a team of juniors in a 3 month Commercial Court trial in which he successfully defended his clients against a claim initially put at over £100 million (see Kingspan -v- Borealis in "Reported Cases").  More recently, David led another team of juniors acting for Trafigura companies obtaining an order for the compulsory discharge of oil from a tanker and sale to Japanese receivers with the proceeds of sale paid into the London Commercial Court. He is particularly sought after in cases which have a technical component in which his scientific qualifications and significant technical experience come to the fore.

David accepts invitations to sit as an arbitrator (sole and panel) and is a part-time Crown Court judge (known as a Recorder). His 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 span a broad 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. His reputation is of a leading counsel of considerable experience who “evinces great assurance under pressure”.

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)

Commercial Court Users’ Committee (2011 to date)

David Allen QC has accepted appointments to sit as arbitrator for 20 years. He has been appointed as both a sole and panel arbitrator following ad hoc agreements and through appointing bodies such as the LMAA. He was elected as a Fellow of the Chartered Institute of Arbitrators (based on his experience and examination performances) and sits every year as a part-time Crown Court judge.

• Insurance & Reinsurance
• Shipping
• Professional Negligence
• International Trade
• Procedure
• Jurisdiction/Conflicts of Laws
• Injunctions & Arrests
• Carriage of Goods

Selected cases:

• The Marel [1994] 1 Lloyd’s Rep. 624 (CA) (Marine insurance,  perils of the sea)
• Bates v. Barrow Ltd. [1995] 1 Lloyd’s Rep. 680  (Comm.) (Illegality, insurance contracts, retrospective interpretation of statute, construction of the Financial Services Act)
• Colonia v. Amoco Oil [1995] 1 Lloyd’s Rep. 570  (Comm.) (Marine Insurance, claims by assignment)
• 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)
• 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)
• 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”)
• 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.
• Biffa waste Services v. Outokumpu Wenmac AB The Times, November 21, 2008 [2008] EWHC (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.

Selected cases:

• Zodiac Maritime Agencies Limited -v- Fortescue Metals Group Limited [2010] EWHC 903 (Comm) David Allen Q.C. appeared in this dispute before the Commercial Court (Steel J) which arose out of the termination of a Consecutive Voyage Charterparty.
• 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)
• 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)
• Nippon Yusen Kubishiki Kaisha v. Golden Strait Corporation (No. 1) [2003] EWHC 16 (Comm) (Construction principles, charterparty, repudiatory breach)
• The Marel [1994] 1 Lloyd’s Rep. 624 (CA) (Marine insurance,  perils of the sea)

Selected cases:

• 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)
• 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 (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)
• 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)

Selected cases:

• Balmoral Group Limited v. Borealis A/S and others [2006] 2 Lloyd’s Rep. 629 (One of the largest product liability cases in the Commercial Court, David led the case for the Defendants successfully defending a claim exceeding £50 million plus costs.  The case concerned the international Sale of Goods, deciding UCTA reasonableness, whether goods at a holding depot were in the course of international carriage, applicability of UCTA to a foreign law contract, inter-relationship of sections 14(2) and 14(3) UCTA, incorporation of standard terms and conditions after trading has commenced, remoteness of damage when loss is increased by a subsequent change in legislation, evidence required to prove corporate losses.)

Selected cases:

• 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)
• 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)
• 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)
• 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)
• 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)

Selected cases:

• Balmoral Group Limited v. Borealis A/S and others [2006] 2 Lloyd’s Rep. 629 (One of the largest product liability cases in the Commercial Court, David led the case for the Defendants successfully defending a claim exceeding £50 million plus costs.  The case concerned the international Sale of Goods, deciding UCTA reasonableness, whether goods at a holding depot were in the course of international carriage, applicability of UCTA to a foreign law contract, inter-relationship of sections 14(2) and 14(3) UCTA, incorporation of standard terms and conditions after trading has commenced, remoteness of damage when loss is increased by a subsequent change in legislation, evidence required to prove corporate losses.)
  
  
  

Selected cases:

• 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)
  

Selected cases:

• 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)
  

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 Partners and Legal Week in the following ways:

• “David Allen is outstanding in every respect.” 

• 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.

• "a direct advocate who quickly separates the wheat from the chaff”

• Much of his allure comes from the fact that he "evinces great assurance under pressure, and is someone who will take on difficult cases and do a good job”

• “… one of the stars of the shipping bar … highly thought of by solicitors”

• David Allen Q.C.’s recent efforts include acting on a dispute over commission arising out of the sale of the mega-yacht 'Darius'. He is widely respected for his capabilities in all manner of commercial disputes.

• “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.”

• … 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.”

• "… recognised for his technical flair and deep experience in the domestic and international upstream oil and gas and maritime spheres.”

• David Allen QC has extensive academic and practical experience of the energy sector and particular knowledge of drilling operations. He is highly in demand as demonstrated by his involvement in numerous high-value disputes such as Global Oil v Maersk.

David Allen QC is joint author with Professor Alan Dignam of the Butterworths publication “Company Law and the Human Rights Act”, foreward by Lord Hoffmann, reviewed CLJ.