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.

Working towards a diverse, equitable and inclusive work force is paramount to Rachael who is an active member of Hausfeld's Women’s Alliance group.

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

Hausfeld features prominently in The Lawyer's 'Top 20 Litigation' and 'Top 10 Appeals' for 2025

  • Antitrust et Concurrence
  • Contentieux Commercial et Financiers
  • United Kingdom
  • janv. 13 2025

GCR Awards 2024 nominate Hausfeld FX Claim UK

  • Antitrust et Concurrence
  • United Kingdom
  • févr. 15 2024

The Lawyer: The Top 20 cases of 2024

  • Contentieux Commercial et Financiers
  • United Kingdom
  • janv. 09 2024

Green light for £2.7 billion FX Claim UK collective action against 6 banks on opt-out basis

  • Antitrust et Concurrence
  • Contentieux Commercial et Financiers
  • United Kingdom
  • juil. 25 2023

APPG on Fair Business Banking granted permission in judicial review of FCA's decision regarding IRHP redress

  • Contentieux Commercial et Financiers
  • United Kingdom
  • juil. 07 2023

CAT rules on certification and carriage in FX Claim UK

  • Antitrust et Concurrence
  • Contentieux Commercial et Financiers
  • United Kingdom
  • mars 31 2022

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

  • Contentieux Commercial et Financiers
  • United Kingdom
  • févr. 08 2022

Hausfeld announces seven senior promotions globally

  • Antitrust et Concurrence
  • Contentieux Commercial et Financiers
  • Responsabilité du Fait des Produits et de l'Environnement
  • Droits de l'Homme
  • Technologie & Protection des Données à Caractere Personnel
  • United States, France, Germany, United Kingdom, Netherlands, Sweden, Belgium
  • janv. 05 2022

Government challenged over PPE supply contract worth $83 million

  • Droits de l'Homme
  • United Kingdom
  • nov. 17 2020

Major data breach leads to representative action against Marriott International

  • Technologie & Protection des Données à Caractere Personnel
  • United Kingdom
  • août 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

Win some, lose some: incorporated contract terms come up trumps for National Lottery operator

  • Contentieux Commercial et Financiers
  • United Kingdom
  • mai 17 2023

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

  • Contentieux Commercial et Financiers
  • United Kingdom
  • août 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?

  • Contentieux Commercial et Financiers
  • United Kingdom
  • oct. 20 2021

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

  • Antitrust et Concurrence
  • United Kingdom
  • sept. 28 2021

Supreme Court disentangles reflective loss principle

  • Contentieux Commercial et Financiers
  • United Kingdom
  • juil. 22 2020

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

  • Contentieux Commercial et Financiers
  • United Kingdom
  • juil. 09 2020

COVID-19 - equality concerns in education

  • Droits de l'Homme
  • United Kingdom
  • mai 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.

Additionally, she is acting for:

  • The claimant in R (on the application of All-Party Parliamentary Group on Fair Business Banking) v 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 bank customers from the FCA’s IRHP compensation scheme. Permission was won in June 2023 (reported at [2023] EWHC 1616) and the upcoming trial is one of The Lawyer’s ‘Top 20 Cases’ of 2024.
  • Acting on behalf of Phillip Evans to bring a collective action against 8 global banks who manipulated the FX market.


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

Win some, lose some: incorporated contract terms come up trumps for National Lottery operator

  • Contentieux Commercial et Financiers
  • United Kingdom
  • mai 17 2023

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

  • Contentieux Commercial et Financiers
  • United Kingdom
  • août 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?

  • Contentieux Commercial et Financiers
  • United Kingdom
  • oct. 20 2021

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

  • Antitrust et Concurrence
  • United Kingdom
  • sept. 28 2021

Supreme Court disentangles reflective loss principle

  • Contentieux Commercial et Financiers
  • United Kingdom
  • juil. 22 2020

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

  • Contentieux Commercial et Financiers
  • United Kingdom
  • juil. 09 2020