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RACHAEL EARLE

Call: 2013   

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

Practice Overview

Rachael specialises in insolvency and asset recovery.

Her practice encompasses all areas of individual and corporate insolvency and she has extensive experience of complex misfeasance claims. Rachael also has a strong company and commercial practice with a particular focus on cases involving allegations of fraud and dishonesty. She regularly deals with applications for freezing injunctions and other urgent interim relief.

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

The Legal 500 2022 describes Rachael as: An unbelievably sharp junior barrister who instils confidence.”

Notable ongoing and recent cases include:

  • BHS Group Limited (in liquidation) & others v Dominic Chappell, Lennart Henningson, Dominic Chandler and Keith Smith: Currently defending (led by Lexa Hilliard QC) one of the former directors of BHS against misfeasance and wrongful trading claims valued at over £160 million.
  • Re Zoom Distribution UK Limited [2021] EWHC 800 (Ch). Acted for the successful administrators in their application for a declaration that their appointment was valid (and not void) pursuant to rule 12.64 of the IR 2016 despite the fact that the appointing directors had failed to comply with para 26(1)(b) of Schedule B1.
  • Advising, and acting for, both liquidator and director clients in respect of claims relating to participation in EBT schemes.
  • 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 a former director who misappropriated over £3 million of company property; the case has involved applications for both proprietary and Chabra injunctions.
  • 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.