Rachael Earle

Rachael Earle

Profile

Rachael acts in a wide range of commercial matters including company, insolvency and civil fraud.

She appears in the High Court and regularly before Insolvency and Companies Court Judges.

Insolvency

Rachael has a particular interest in insolvency and civil fraud.

Her experience includes:

• Led in a 5 day High Court trial in a claim against a former administrator for breach of his schedule B1 and fiduciary duties, worth £4 million.

• Led by Simon Davenport QC in a £2 million claim by Joint Liquidators for fraudulent misrepresentation and unlawful means conspiracy against purchasers of a company.

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

• Acting in a High Court trial on behalf of the German tax authority, successfully challenging a Debtor’s centre of main interest.

• 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.

• More generally: acting in various contested winding up and bankruptcy petitions on behalf of creditors and debtors, advising on and acting in numerous directors’ disqualification proceedings (particularly in relation to tax schemes), acting in claims relating to preferences, transactions at an undervalue, transactions defrauding creditors, extortionate credit transactions, wrongful trading and orders for sale (with associated beneficial interest / equity of exoneration issues).

Commercial

During her LLM, Rachael specialised in Commercial Law with an emphasis in corporate governance and corporate claims in restitution.

Rachael has been instructed alone and as junior counsel in a range of commercial matters including:

• 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.

• More generally: partnership disputes, shareholder disputes, unfair prejudice petitions, derivative claims and claims in unjust enrichment.

Pro Bono

Rachael is willing to undertake cases pro bono where appropriate. 

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

Memberships

COMBAR

Qualifications

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