Elaina Bailes

Commercial Litigation, Fraud and Securities Litigation

Partner

Elaina is an experienced commercial litigator who has acted on a number of high-profile and ground-breaking cases in the High Court and in leading offshore jurisdictions, including Cayman and the BVI.

Elaina acts for companies, financial institutions, states and state-entities and high net worth individuals on a wide range of high-value commercial disputes. Her main practice areas include banking and securities litigation, complex fraud and asset tracing, insolvency claims and commercial disputes relating to sanctions (particularly relating to the Middle East).

Key cases include:

Acting for a financial institution in a dispute concerning the validity of corporate actions under the Cayman Islands sanctions regime Acting for a large number of institutional investors in their claims against RBS relating to its rights issue of April 2008 (The RBS Rights Issue Litigation [2016] EWHC 3161 (Ch)). This was the first group litigation in the financial services sphere and one of the recent leading authorities on the application of legal advice privilege Acting in a €500m claim against an investment bank for breach of fiduciary duty arising out of market manipulation in respect of complex credit-linked note transactions, and related offshore insolvency proceedings