Rachel Couter

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 Legal 500 and is also in their "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 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, 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".
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.
Acting as s166 skilled person in relation to the review of misselling of financial products by a bank and consequential losses suffered by customers.
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.
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.
State of Qatar v Banque Havilland ruling addresses whether information obtained when investigating allegations made by a whistle-blower has to...
Court of Appeal confirms due diligence duties for authorised SIPP providers
Institutions must follow detailed rules, laid down by the Financial Conduct Authority, as to how and when they must deal...
Regulated firms need to ensure their systems and controls withstand scrutiny