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Rachael Earle

Call: 2013   

+44 (0)20 7306 0102rearle@wilberforce.co.uk

Practice Overview

Rachael is an insolvency and restructuring specialist; her practice encompasses all areas of individual and corporate insolvency and she has considerable experience in dealing with complex directors’ misfeasance claims (in which she acts both for Liquidators and for defendant directors).

She is ranked as a Rising Star in The Legal 500 2021, which notes she “works extremely hard” is “technically very good” and is “excellent on her feet”. She is also “very tough and doesn’t back down”.

Rachael is also frequently instructed on company and commercial disputes, particularly in cases involving allegations of fraud and dishonesty and applications for urgent injunctions.

She appears regularly in the High Court, both as sole and junior counsel.

Notable ongoing and recent cases include:

  • Acting for Joint Administrators on an application to Court for the approval of a complex distribution plan in respect of client funds which are being held after the failure of a debt management firm.
  • Acting for Joint Liquidators in a £2 million fraudulent trading and misfeasance claim against former directors of a national firm of solicitors who misled clients into investing into a fraudulent scheme.
  • Acting for Joint Liquidators in a misfeasance claim against former directors who caused the company to enter into EBT tax avoidance schemes, worth over £1 million.
  • Acting for Joint Liquidators in a misfeasance claim against a former director who misappropriated over £3 million of company property; the case has involved applications for both proprietary and Chabra injunctions.
  • Advising Joint Liquidators on claims against former directors who diverted a significant business opportunity (a development worth £14.5 million).
  • Acting for Joint liquidators in a £1 million fraudulent trading and misfeasance claim against former directors involved in a complex MTIC scheme.
  • Acting for a minority shareholder on a section 994 petition, who has been wrongly excluded from the management of the Company and from dividends to which he was properly entitled worth £3 million.
  • Led in a $2.5 million arbitration relating to a telecommunications contract dispute involving allegations of fraudulent misrepresentation.
  • Acting in a £2 million claim for breach of a Sale and Purchase Agreement where the vendor is alleged to have fraudulently concealed key documents during disclosure.