Rachael Baillie

  • Senior Associate
  • London
she / her / hers
  • rbaillie@hausfeld.com
  • +44 20 7123 4217
  • https://www.linkedin.com/in/rachael-baillie-4a1546152/
 Rachael Baillie

OVERVIEW

Rachael is a commercial disputes lawyer and her practice focuses primarily on banking and commercial disputes. She was promoted to Senior Associate in January 2022.

Expertise

As well as her experience gained at Minter Ellison Rudd Watts and Kennedy’s, she held the position as a Judge’s Clerk at the High Court of New Zealand and as a Graduate Teaching Assistant at the University of Auckland.

Recently, Rachael practiced as a senior solicitor at boutique litigation firm, Wilson Harle, and advised TLT LLP as a consultant on a banking project managed by their banking litigation team, where she helped investigate the treatment of small and medium enterprise customers and made redress recommendations.

Clients

During her career, Rachael has advised and worked with a broad range of clients including retailers, personal lenders, telecommunication companies, public bodies, private individuals and corporates.

EDUCATION

Professional Legal Studies, College of Law
Conjoint degree BHSc/LLB (Hons), University of Auckland

LLM (Distinction), London School of Economics and Political Science

Rachael has received several awards. These include:

  • Minter Ellison Rudd Watts Writing Prize, 2014
  • Faculty of Law Dean’s Academic Excellence Award and First in Evidence, 2012
  • AJ Park Intellectual Property Prize, First in Intellectual Property and Marylyn Eve Mayo Endowment Scholarship, 2011 

BAR ADMISSIONS

Rachael is a registered foreign lawyer in England and Wales.
Barrister and Solicitor, High Court of New Zealand, 2013

AFFILIATIONS

Member - New Zealand Law Society

NEWS

CAT rules on certification and carriage in FX Claim UK

  • Antitrust / Competition
  • Commercial & Financial Disputes
  • United Kingdom
  • Mar 31 2022

Judicial review to force FCA to make banks pay for financial mis-selling

  • Commercial & Financial Disputes
  • United Kingdom
  • Feb 08 2022

Hausfeld announces seven senior promotions globally

  • Antitrust / Competition
  • Commercial & Financial Disputes
  • Environmental & Product Liability
  • Human Rights
  • Technology & Data Breach
  • United States, France, Germany, United Kingdom, Netherlands, Sweden, Belgium
  • Jan 05 2022

Government challenged over PPE supply contract worth $83 million

  • Human Rights
  • United Kingdom
  • Nov 17 2020

Major data breach leads to representative action against Marriott International

  • Technology & Data Breach
  • United Kingdom
  • Aug 18 2020

EVENTS

PUBLICATIONS

Contributor to the New Zealand Shipping Gazette Special Industry Review - vol 20 issue 77, 2017

“Court of Appeal sheds light on new approach to penalties in Torchlight decision” - International Law Office, 2017

“Unravelling trust assets – trustee powers deemed relationship property” - International Law Office, 2015 

"A Square Peg in a Round Hole: Systemic Negligence in the Public Sector” - 20 AULR 39, 2014

“Judicial Restraint When Reviewing Health Care Rationing Decisions: A Healthy Approach?” - 18 AULR 137, 2012

PERSPECTIVES

No quick way out: High Court rules against force majeure justification

  • Commercial & Financial Disputes
  • United Kingdom
  • Aug 05 2022

The Court of Appeal’s latest on representative actions in Jalla v Shell: To what extent will “representative actions” be permitted in environmental claims?

  • Commercial & Financial Disputes
  • United Kingdom
  • Oct 20 2021

Rare strike out of an abuse of dominance claim by the CAT

  • Antitrust / Competition
  • United Kingdom
  • Sep 28 2021

Supreme Court disentangles reflective loss principle

  • Commercial & Financial Disputes
  • United Kingdom
  • Jul 22 2020

COVID-19 - serving proceedings by post was “poor judgement” given lockdown

  • Commercial & Financial Disputes
  • United Kingdom
  • Jul 09 2020

COVID-19 - equality concerns in education

  • Human Rights
  • United Kingdom
  • May 01 2020

Experience

Commercial & Financial Disputes

At Hausfeld, Rachael has been a pivotal member of the team working on FX Claim UK, a proposed collective action in respect of FX spot trading cartels.

Experience that Rachael obtained prior to Hausfeld includes:

  • Representing the claimant in R (on the application of All-Party Parliamentary Group on Fair Business Banking) v The Financial Conduct Authority, in its application to challenge the lawfulness of the decision of the FCA not to establish a mechanism of redress following the exclusion of thousands of bank customers from the FCA’s compensation scheme relating interest rate swap mis-selling.
  • Advised public bodies on strategic pre-action matters and the avoidance of litigation in contract and procurement disputes.
  • Advised clients on the disclosure of official information.
  • Advised on equitable tracing of property, negligence claims, applications for High Court directions and insurance coverage.
  • Advised on fair trading laws, credit contracts legislation and regulatory compliance.
  • Defended applications for the disclosure of a client’s customer information in the civil and criminal jurisdiction.
  • Defended a regulatory prosecution.
  • Advised on contract, tort, private international and intellectual property cases.
  • Acted in debt recovery proceedings, including a cross-border claim.
  • Advised public bodies on licensing and prosecutorial decisions.

Technology & Data Breach

At Hausfeld, Rachael is a member of the team which filed a CPR 19.6 representative action in the High Court against Marriott International on behalf of Martin Bryant, representing millions of affected individuals concerning a major data breach involving the Starwood guest reservation database when unknown persons gained access to hundreds of millions of guest records between July 2014 and September 2018.

What I think

No quick way out: High Court rules against force majeure justification

  • Commercial & Financial Disputes
  • United Kingdom
  • Aug 05 2022

The Court of Appeal’s latest on representative actions in Jalla v Shell: To what extent will “representative actions” be permitted in environmental claims?

  • Commercial & Financial Disputes
  • United Kingdom
  • Oct 20 2021

Rare strike out of an abuse of dominance claim by the CAT

  • Antitrust / Competition
  • United Kingdom
  • Sep 28 2021

Supreme Court disentangles reflective loss principle

  • Commercial & Financial Disputes
  • United Kingdom
  • Jul 22 2020

COVID-19 - serving proceedings by post was “poor judgement” given lockdown

  • Commercial & Financial Disputes
  • United Kingdom
  • Jul 09 2020

COVID-19 - equality concerns in education

  • Human Rights
  • United Kingdom
  • May 01 2020