Rachael is a Managing Associate who specialises in the resolution of commercial disputes by way of litigation and alternative dispute resolution, including mediation and negotiation. Rachael acts for clients in a wide range of commercial disputes with particular expertise in professional negligence, director/shareholder, insolvency and financial services disputes. She qualified as an accredited mediator in May 2015. Her clients include financial institutions, insolvency practitioners, directors and SMEs, as both pursuers and defenders.
Rachael acted for The Insolvency Service for over 7 years in relation to its investigation and enforcement activities in Scotland. She conducted investigations into the conduct of directors for the purpose of obtaining disqualification orders for breach of director's duties including fraudulent transactions, misappropriation of company assets, wrongful/insolvent trading, and non-payment of HMRC debts. She has unrivalled experience in Scotland for giving insight and advice to directors in relation to their professional duties and in defending such proceedings at the representation stage of an investigation and in any subsequent court actions.
- Professional negligence – Rachael has advised clients on professional negligence actions against a range of professional advisors and since 2014 has acted for a major financial institution in a significant portfolio of high value actions in the Court of Session against surveyors and solicitors.
- Director/shareholder – Rachael has advised and represented directors and shareholders in the management of the breakdown of their commercial relationships including advising minority shareholders in protecting their interests and taking action to winding up companies on "just and equitable" grounds. She has also advised directors in relation to their professional duties and in respect of investigation for potential breaches of the Bribery Act.
- Insolvency – Rachael has acted for insolvency practitioners, creditors and directors in a wide range of disputes including the recovery of company money misappropriated from former directors and landlord hypothec claims.
- Financial services – in addition to providing advice in relation to professional negligence actions, Rachael has advised a major bank on a portfolio of unpaid loan and overdraft facilities provided to its wealth customers in terms of regulated consumer credit agreements.
“Rachael is very skilled at grasping the detail of any commercial case and communicating this in plain English. She is direct and tells you how it is, and is extremely patient and organised in her approach in dealing with diverse issues. Her approach makes litigation seem easy.”
Senior Relationship Manager, major financial institution.
- University of Edinburgh – LLB Hons – 2003
- University of Edinburgh – Diploma in Legal Practice – 2005
- Core Solutions – Accredited Mediator – 2015
- Year qualified - 2007
- Comment: Taking a position on interest-based negotiation (The Scotsman)
- A good coalition is all about negotiation (The Scotsman)