Ogier

Global Senior Partner

Global Senior Partner, based in the Cayman Islands Dispute Resolution team

Rachael is Global Senior Partner at Ogier, based in the Cayman Islands Dispute Resolution team. She has particular expertise in contentious trust matters, fund disputes and restructuring and insolvency and is a part of Ogier's multi-disciplinary Restructuring and Insolvency team. Her practice regularly involves fraud and international asset tracing claims. Rachael was named Offshore Litigator of the Year at the Citywealth IFC Awards 2020 and Advisor of the Year in the Wealthbriefing European Awards 2020. Rachael is also part of Ogier's multi-disciplinary Private Equity team. She specialises in PE fund disputes, and has acted as an expert in international arbitration proceedings concerning Cayman PE structures. Rachael was appointed KC in August 2021.

Rachael's recent cases include:

Acting for the investors and conflict director of Neoma Private Equity Fund IV (formerly APEF IV) in their recovery action arising out of the liquidation of the Abraaj Group. Abraaj was the largest private equity structure in the Middle East, with $14bn in stated assets prior to its collapse. The Group was placed into provisional liquidation in 2018 and went into official liquidation in 2019. Ogier is advising the investors in the largest fund in the Group. Acting for the trustees of a complex multi-billion dollar STAR trust restructuring. Acting for the executor of a large Cayman estate, involving contentious and non-contentious aspects of the administration. Acting for HSBC as trustee in contentious trust proceedings in 3 jurisdictions, including proceedings in Cayman in which the Court handed down an important precedent setting decision concerning forum for administration clauses and gave guidance on the public policy of the Cayman Islands in the context of enforcement of judgments concerning Cayman trusts. Advising the Joint Provisional Liquidators on the restructuring of Ocean Rig - the Cayman Islands' largest ever successful restructuring and one of the largest globally. The restructuring became effective within 6 months of the appointment of the JPLs, and resulted in an exchange by creditors of approximately $3.7 billion of debt for new equity. Rachael provided expert evidence on Cayman law in the associated Chapter 15 proceedings in the US. Acting for the liquidators of Ardent, having represented the petitioning directors in the winding up proceedings. She successfully appeared on behalf of the liquidators in an anti- suit injunction following hostile, incompatible action taken by creditors in another jurisdiction. The case involves Chapter 15 proceedings, asset tracing and fraud claims. Advising investors in relation to the Abraaj Holdings collapse. Acting in a clawback claim against a fund manager for Ennismore Fund Management. Ogier acted for the successful Defendant through to final appeal. The matter was ultimately decided by the UK Privy Council. Ogier is now instructed in relation to ancillary claims relating to an injunction which Ennismore obtained in 2009. Acting for a service provider in proceedings related to the liquidation of the Platinum funds, involving Cayman and Chapter 15 proceedings. Acting for the Executors of estates worth c.75m in issues arising in the administration – including construction dispute, tax issues and disclosure applications. Giving expert evidence on Cayman Islands law in foreign courts and arbitrations. Advice in relation to private equity shareholder and investor disputes. Unfair prejudice and derivative/double-derivative actions. Advice in relation to, and assisting, activist shareholders. Claims against fund service providers including directors, managers, investment advisors, custodians and auditors.

Rachael was named Offshore Litigator of the Year at the Citywealth IFC Awards 2020, Advisor of the Year in the Wealthbriefing European Awards 2020 and was named Lawyer of the Year in Litigation at the Citywealth Awards 2022. Rachael took silk in August 2021.

Admitted in:2021 - Inner Bar of the Cayman Islands2007 - Cayman Islands1999 - England and Wales (non practising)

English

She is a contributing author to International Asset Tracing in Insolvency, Oxford University Press, 2010. Rachael is a member of the Cayman Islands Legal Practitioners Association and the Bar of England and Wales.

Rachael joined Ogier in 2007 and became a Partner in 2013. Prior to this, Rachael practised at Clyde & Co. in London and at the English Bar. She received her Bachelor of Arts in Jurisprudence from Oxford University in the United Kingdom in 1998 and completed the Bar Vocational Course at the Inns of Court School of Law, London in 1999.