For full information in relation to our response to COVID-19, please click here.

Call +44 207 306 0102 or contact us

Rachael Earle

Call: 2013   

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

Commercial

Rachael undertakes a wide range of commercial and company work including breach of contract claims (she has acted in a significant number of trials for TUI defending breach of holiday contract claims), directors’ disqualification proceedings, partnership disputes, shareholder disputes, unfair prejudice petitions and derivative claims.

Rachael has particular experience in dealing with claims involving allegations of fraud such as fraudulent misrepresentation, deceit, the economic torts, breach of trust and / or breach of fiduciary duty as well as claims founded on secondary liability for knowing assistance or knowing receipt.

Recent work includes:

  • Currently advising a company on claims for breach of a confidentiality agreement and unlawful interference with its business interests, worth over £40 million.
  • Currently advising on an unfair prejudice petition worth over £3 million where the majority shareholders have excluded the minority shareholder from the management of the Company and also from dividend payments (to which he was properly entitled), this has required forensic accounting evidence on the finances of the Company.
  • Currently advising on a partnership dispute worth over £1.2 million which involves allegations of long term fraud and concealment by one partner.
  • Successfully defended a construction company in a 4 day trial / breach of contract claim in respect of allegedly substandard works.
  • Successfully settled a breach of contract claim, concerning issues of payment for part performance of building works, worth over £1 million.
  • Kilimanjaro Limited v Dikoh (2020). Successful application for a freezing injunction against a former employee who had misappropriated significant sums of company money.
  • Kwaji v Shaw, Balogun (2018). Successfully opposed an application for an injunction in respect of a jointly owned property.
  • Re M2 Property Invest Limited [2018] B.C.C 324. Successful application for approval of the merger of a Polish company with its English parent company.
  • Frank Warren v Paul Smith (2018). Led 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.