3PB

Property and Estates; Finance; Contractual disputes

Overview

Rachel Bale has a diverse practice with a particular emphasis on property, chancery, financial remedies and TOLATA disputes. She also advises on contractual and commercial matters.

Rachel has experience advising private landlords and tenants, local authorities, housing associations alongside local and national businesses. Her analytical approach and command of property and chancery law compliments her growing practice in matrimonial and family finance.

Rachel is thoroughly approachable, calm, and pragmatic when advising clients and offers a strong persuasive manner as an advocate to the matters in which she is instructed. Her ethos is to provide “order to the chaos” of emotionally challenging property and family issues that often arise in her client’s lives.

She also offers a balanced, client-focused approach to negotiations, be it at FDAs, FDRs, mediations, or written correspondence in order to fearlessly protect her client’s interests whilst focussing on reaching a solution where all parties needs are met.

Prior to the Bar, Rachel gained extensive experience as a legal researcher, working on commercial, civil and human rights matters at Matrix Chambers. She also represented vulnerable individuals in housing matters at a London pro-bono clinic and participated in international mediation competitions, globally. Rachel also has knowledge of Family and Administrative French Law having studied at the infamous University of Paris 1 Panthéon-Sorbonne in 2016. She is fluent in French.

Rachel also has commercial experience of running her own start-up company, having founded “Her Bar” in 2021, the online Hub providing support, resources, and marketing bespoke services for aspiring and practising women barristers. This business demonstrates Rachel’s commitment to equality and diversity at the Bar.

Outside of work, Rachel enjoys speaking French over a glass of Beaujolais, keeping fit through dance, and perfecting her Caribbean dishes.

Recent experience

• Success at appeal for possession of residential property, in a matter involving mental capacity issues and disrepair
• Facilitating settlement at mediation for multi-million corporation in a large-scale contractual dispute with a district council
• Successfully obtaining possession of multiple commercial premises from trespassers and obtaining permission for High Court enforcement
• Facilitating settlement in TOLATA claim involving breach of process as determined by the parties’ declaration of trust
• Advising potential beneficiaries as to their prospective claim for Inheritance Act 1975
• Successfully representing Husband against Wife for breach of financial remedies order, enforcing the terms of the agreed Rose Order
• Advising farming family on a claim of unjust enrichment involving a failed agreement as to a plot worth over £4m, with the benefit of outline planning permission
• Advising in relation to the existence of a constructive trust and life interest, involving family members residing in a “granny annexe” on the client’s property
• Representing corporate and local authorities in residential dilapidations claim and breaches of the Tenant Fees Act 2019
• Advising on bailment agreements and corresponding damages in relation to a sales livery agreement.

Property and Estates

Rachel is a specialist property practitioner, with a particular emphasis on the law of landlord and tenant and residential property. Her work spans the breadth of residential and commercial, representing both landlords and tenants in the private and public sector.

Rachel provides advice, drafts pleadings, and offers strong advocacy skills in this area. She is experienced in dealing with a range of claims dealing with repossession, claims for non-protection of deposits, breaches of covenant, dilapidations, and anti-social behaviour.

Rachel’s property practice includes the following areas:

• Tenancies pursuant to Housing Act 1985 and 1988
• Tenant Fees Act 2019 claims
• Adverse possession
• Trespass
• Nuisance claims (including floods).

Rachel also has a growing chancery practice in the following areas:

• Wills
• Contentious probate
• Inheritance Act claims
• Applications under the Trusts of Land and Appointment of Trustees Act 1996.

Finance

Rachel’s practice covers all aspects of family finance provisions. She undertakes First Appointments, Financial Dispute Resolutions and Final Hearings. She advises and represents families on financial issues following separation or relationship breakdown including, Trusts of Land Act applications and Schedule One applications for children.

With Rachel’s acute knowledge of property and chancery matters, Rachel is able to advise on technical legal matters involving large estates, property management and inheritance claims. She is also well placed to advise couples on pre-nuptial and cohabitation agreements, as a growing trend.

FDR hearing service

Rachel is available for remote private FDR hearings. For more information on private remote FDR hearings please click here.

Contractual disputes

Rachel advises a range of clients on contractual and commercial matters. In particular she has had the following successes:

• Successfully applying and defending strike out & summary judgment applications for commercial matters
• Advice and representation on sales livery contracts involving alleged breaches of implied term of care and skill
• Pleading particulars and defences for breaches of contract, involving multiple parties with values over £100,000
• Representation at CCMCs and direction hearings.

Year of Call: 2019

LLB English and French Law, First Class Honours - Kent University LLM Legal Practice, Distinction - University of Law, London BPTC, Very Competent - University of Law, London Certificate in Droit Civil, Paris I-Panthéon Sorbonne University