Rachael Earle

Profile

Rachael acts in a wide range of civil and commercial matters including commercial, contract, company, insolvency, civil fraud, property, and personal injury and travel litigation. 

Rachael regularly appears in the High Court and the County Court, and undertakes a range of pleading and advisory work.

Insolvency

Rachael has a particular interest in insolvency and civil fraud.

She has been instructed as sole and junior counsel in a number of insolvency matters, including:
• Sole counsel in a one-day High Court trial on behalf of the German tax authority, successfully challenging a Debtor’s centre of main interest;
• An appeal against Joint Liquidators' rejection of a proof of debt worth over €1 million;
• A claim by Joint Trustees worth over £20 million against a bankrupt's former solicitors for negligent advice;
• A claim worth over £1 million by Joint Liquidators for fraudulent misrepresentation and unlawful means conspiracy;
• More generally: claims relating to preferences, transactions at an undervalue, extortionate credit transactions and orders for sale (with associated beneficial interest / equity of exoneration issues).

Commercial

Rachael has experience advising in commercial disputes involving issues of sale of goods, agency, commercial property and building/construction contracts.

During her LLM she chose to specialise in Commercial Law, gaining an insight into corporate governance and corporate claims in restitution.

Rachael has been instructed as sole and junior counsel in a range of commercial matters including:
• 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;
• 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 based on mistake.

Jurisdiction, Conflicts of Law and Travel

Rachael advises on and appears in court in claims raising jurisdicitonal issues and conflicts of law. She is regularly instructed in respect of claims under the Package Travel Regulations, the Athens Convention and the Montreal Convention. 

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)