Rachael Earle

Rachael Earle

Profile

Rachael specialises in insolvency, company and commercial work. She is often instructed on applications for urgent injunctions.

Rachael is instructed pursuant to COMBAR terms basis A.

Insolvency and Company

Rachael has significant experience in all aspects of corporate and personal insolvency. She is frequently instructed on applications for rescission and annulment and matters involving: antecedent transactions, misfeasance and breach of duty claims, fraudulent and wrongful trading, MTIC fraud, unlawful distributions, orders for sale (with associated beneficial interest and equity of exoneration issues).

Rachael also deals with general company matters such as cross border mergers, directors’ disqualification proceedings (particularly in relation to EBTs and other tax schemes), partnership disputes, shareholder disputes, unfair prejudice petitions and derivative claims.

Recent cases include:

 

DCL Hire Limited (in liquidation) (2018) – 5 day misfeasance trial against a former director of a company.

Darma Limited v (1) HMRC (2) The Official Receiver (2018) – successful application for the rescission of a winding up order and dismissal of the petition.

HS Works Limited (in liquidation) (2018) - led in a 5 day High Court trial against a former administrator for breach of his schedule B1 and fiduciary duties, worth £4 million.

Re M2 Property Invest Limited [2017] EWHC 3218 (Ch), [2018] B.C.C 324 - successful application for approval of the merger of a Polish company with its English parent company.

Re Konstantinos Karabatziakis (2017) - High Court trial on behalf of the German tax authority, successfully challenging a Debtor’s centre of main interest.

Re Selcuk Aygul (in bankruptcy) (2017) - successful application for a declaration that the trustee in bankruptcy held 100% of the beneficial interest in the bankrupt’s matrimonial home; the Court agreed that the wife could not prove an express nor an inferred common intention to own the property jointly based on the principles in Stack v Dowden [2007] UKHL 17.

Defending directors in disqualification proceedings brought in respect of payments made to an employee benefit trust.

Advising and acting on a sham, alternatively s.423, claim worth over £5 million relating to a ‘rainy day’ trust deed.

Acting in a £3 million claim against the former officers of a company involved in a substantial fraud against a public education authority.

Advising on a claim by Joint Trustees worth over £20 million against a bankrupt's former solicitors for negligent advice.

Advising and drafting statements of case in relation to an appeal against Joint Liquidators' rejection of a proof of debt worth over €1 million.

Commercial and Civil Fraud

Rachael is frequently instructed on general commercial disputes, and she has particular experience dealing with allegations of fraud and dishonesty.

Recent cases include:

 

Acting in a high value claim for breach of a SPA involving allegations of fraudulent concealment of key documents during disclosure.

Acting (led by Simon Davenport QC) in a £2 million civil fraud claim which involved allegations of fraudulent misrepresentation and unlawful means conspiracy against purchasers of a company.

Acting (led by Peter Knox QC) in an arbitration appeal before the Boxing Board of Control concerning manager / promoter contracts and issues of breach of fiduciary duty and the duty of trust and confidence.

Advising (led by Simon Davenport QC) in a claim relating to the misattribution and undervaluation of a Renaissance painting worth £22 million which also involved advising on jurisdiction and applicable law.

Pro Bono

Rachael is willing to undertake cases pro bono where appropriate. 

R v David John Bryant [2016] EWCA Crim 1245 Appeared in the Court of Appeal with Peter Knox QC and Rupert Butler in the widely reported case, in which they successfully appealed against Mr Bryant's conviction for an historic sexual offence. 

Memberships

COMBAR

R3

ILA

Qualifications

LLM in Commercial Law (First Class) (Ranked 1st in College), Darwin College, University of Cambridge
Bar Professional Training Course (Very Competent) BPP Holborn
LLB Law with French Law (First Class), University College London

Scholarships and Prizes

Darwin College Dean’s Award (2014)
Blackstone Entrance Exhibition (2012)

Languages

French (including study at Université Paul Cézanne Aix-Marseille III)