Rachel is a Partner in the Commercial and Regulatory Disputes team, who heads up our UK contentious financial services practice, specialising in regulatory investigations and banking and financial markets litigation. Rachel is named as a leading individual by both Legal 500 and Chambers and is also in Legal 500's "Hall of Fame".
She has acted for and advised various financial institutions and corporate entities, including banks, brokers, asset managers, alternative lenders, custodians, trading platforms, SIPP operators, fintech companies and payment services providers, as well as individuals within those organisations, in a wide range of complex matters, including multi-jurisdictional regulatory and fraud investigations, disputes and enforcement proceedings.
Rachel has also been appointed as a Skilled Person pursuant to s166 FSMA 2000. Her expertise in the sphere of regulatory issues has led her to advise in connection with matters involving numerous regulatory bodies, including the Financial Conduct Authority, the Prudential Regulation Authority, the Payment Systems Regulator, the Insolvency Service of the Department for Business, Innovation and Skills and the National Crime Agency to name but a few. Particular areas of regulatory compliance include market abuse / insider dealing, mis-selling, suitability / appropriateness, AML, market manipulation, systems and controls, governance, treating customers fairly, safeguarding, responsible lending, transaction reporting and complaints handling.
Rachel has been part of the Osborne Clarke team advising the Board of directors of the Wirecard Card Solutions, following the discovery of a massive fraud in its German parent, including dealing with the suspension of Wirecard UK's payments licence and the subsequent wind-down of the business. She also advised a number of SME Representatives in respect of the set up of the Business Banking Resolution Service, the voluntary extension of the Financial Ombudsman Service. The Osborne Clarke team is one of 6 firms on the core legal services panel for the Financial Services Compensation Scheme.
Rachel joined Osborne Clarke LLP in January 2017, having previously been a partner at King & Wood Mallesons LLP (formerly SJ Berwin) and Gibson Dunn and having trained and qualified at Freshfields in 1997.
"Thank you for your calm & resolute support over the last 10 (!) years".
Helping you succeed in tomorrow's world
I am a self-confessed legal and regulatory geek, who likes nothing better than getting to grips with difficult, technical points. Having said that, I pride myself on providing straightforward, clear and robust advice, whilst remaining calm whatever the circumstances.
"Rachel Couter gives you the feeling that everything is under control. Very positive and sharp."
S166 Skilled Person
Acting as s166 skilled person in relation to the review of misselling of financial products by a bank and consequential losses suffered by customers.
Market abuse / insider dealing
Representing individuals within a merchant bank in relation to allegations of insider dealing.
HSBC
Acting as the s166 FSMA 2000 Skilled Person overseeing HSBC's past business review of its sales of interest rate hedging products.
Wirecard
Advised the Board of directors of the UK entity, following the discovery of a massive fraud in its German parent, including dealing with the suspension of Wirecard UK's payments licence and the subsequent wind-down of the business.
Business Banking Resolution Service
Advised a number of SME Representatives in respect of the set up of the Business Banking Resolution Service, the voluntary extension of the Financial Ombudsman Service for complaints against 7 of the largest banks.
Comet plc
Representing the board of Comet plc following its collapse.
