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.
She has acted for and advised various financial institutions and corporate entities, including banks, brokers, asset managers, 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 Payment Services 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, treating customers fairly, safeguarding, responsible lending and transaction reporting.
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.
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.
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.
Acting as the s166 FSMA 2000 Skilled Person overseeing HSBC's past business review of its sales of interest rate hedging products.
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.
Representing the board of Comet plc following its collapse.
Banks' anti-money laundering failures targeted by the UK FCA in New Year clamp down
Streamlined process implemented by FOS to clear complaint backlog driven by the pandemic
The FOS consults on a streamlined process to clear pandemic-driven complaint backlog
High Court finds that investigative report does not trigger litigation privilege
State of Qatar v Banque Havilland ruling addresses whether information obtained when investigating allegations made by a whistle-blower has to...
Financial services firms beware! When execution-only does not mean execution-only
Court of Appeal confirms due diligence duties for authorised SIPP providers
Financial services complaints: when is a complaint not a complaint?
Institutions must follow detailed rules, laid down by the Financial Conduct Authority, as to how and when they must deal...
Anti-Money Laundering: FCA emphasises importance of effective controls
Regulated firms need to ensure their systems and controls withstand scrutiny
Financial Conduct Authority entrenches 'culture' at centre of regulatory supervision
The UK regulator's focus on 'culture' means fund managers need to articulate their core purpose, ensure this is understood throughout...
Financial Conduct Authority enforcement uptick as it looks beyond the pandemic
The UK financial watchdog is renewing its enforcement activity and recovering ground after a year of focus on business, market...
Customer financial difficulties and Covid-19: what do lenders need to learn after lockdown?
As the UK's financial regulator reviews emergency guidance amid the easing of lockdown and lending patterns adapt, its £64 million...