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Lawyers

Rachel Kapila

Rachel Kapila

Position

Rachel is a highly sought-after junior in the fields of financial crime (individual and corporate), investigations, and high-profile general crime. Her reputation is formidable, with accolades in Chambers & Partners, Legal 500, and Who’s Who Legal firmly establishing her as “one of the very best junior barristers at the Bar”.

Rachel is regularly instructed to act for individual and corporate clients in the most serious and heavyweight white-collar investigations and prosecutions. She has a breadth of experience, with current and past instructions encompassing a wide range of offences, including fraud, bribery and corruption, false accounting, forgery, Revenue offences and money laundering. She acts for clients at all stages of criminal proceedings, from pre-charge advice, including advice in connection with the conduct of corporate internal investigations, to jury trials and appellate work. She also has experience in the conduct of private prosecutions.

Rachel’s advice is routinely sought on a wide range of ancillary matters, including privilege, search warrants, restraint, account freezing orders, forfeiture, and confiscation. She has experience in judicial review, appeals by way of case stated and habeas corpus applications. The cases in which she is instructed frequently involve parallel civil and regulatory proceedings and raise issues spanning multiple jurisdictions.

The multi-jurisdictional nature of Rachel’s practice is complemented by her expertise in extradition and mutual legal assistance. She is recognised in the directories as “one of the most able and prominent junior barristers in the field”, and is regularly instructed in high profile extradition proceedings, particularly proceedings with a financial crime context. She also has a substantial advisory practice in this area, advising clients in connection with anticipated extradition requests, Interpol notices and MLA requests.

Outside the field of financial crime, Rachel’s notable instructions include acting for a senior News of the World journalist charged with phone hacking, and defending an election agent accused, alongside a Conservative MP, of submitting false election expenses returns following the 2015 General Election.  Rachel is one of very few juniors with expertise in criminal proceedings arising out of alleged breaches of electoral law.

Career

Current and recent instructions include:

Advising individuals in connection with a high profile NCA investigation. Advising an individual under investigation by City of London Police for electoral offences and perverting the course of justice. Advising a prominent HNW individual in connection with anticipated extradition proceedings. Appearing in the Supreme Court, in a case considering the test to be applied where a convicted person seeks to resist extradition on the basis that his conviction was the result of a flagrantly unfair trial. Representing a defendant charged by the SFO with fraud offences in connection with the operations of Balli Group Plc and Balli Steel Plc. Advising Rio Tinto group in connection with SFO and Australian Federal Police investigations into allegations of corruption in the conduct of its business in the Republic of Guinea. Representing Dechert LLP and its former co-head of white collar and securities litigation in the Commercial Court trial of claims brought by ENRC against the Dechert defendants and the SFO. Representing a professional sportsman charged with offences of sexual assault, common assault and being drunk on an aircraft. Acting for the US Government in extradition proceedings arising out of the collapse of the Abraaj Group, the world’s largest private equity insolvency. Advising an individual in connection with a high-profile Electoral Commission investigation. Advising a prominent property developer in relation to a police investigation into allegations of fraud and corruption, and an associated challenge to search warrants. Advising a corporate client in connection with internal, SFO and DOJ investigations into allegations of historic multi-jurisdictional bribery, associated with the activities of Unaoil. Advising the responsible person for Vote Leave in connection with the Metropolitan Police investigation into electoral offences alleged to have been committed during the 2016 EU Referendum campaign. Acting for the US Government in extradition proceedings arising out of the ‘HP Autonomy’ case. Representing a former hedge fund executive, charged with defrauding a Libyan sovereign wealth fund. Advising the operators of a prominent Mayfair casino in connection with a change of corporate control application under s.102, Gambling Act 2005. Acting for the Governor of the Falkland Islands in proceedings arising out of the first two extradition requests issued by that territory to the United Kingdom. Advising the Attorney General of another British Overseas Territory in relation to a high-profile criminal prosecution within that territory, and associated extradition proceedings. Advising a leading online gambling operator in connection with its post-regulatory settlement reporting to the Gambling Commission. Representing an election agent accused of forgery and knowingly making a false declaration on an election expenses return.

Memberships

Called to the Bar - 2006

Education

BA Hons (Oxon) – Jurisprudence (Law)

Postgraduate Certificate in Sports Law and Practice (BASL/DMU) (Distinction, 1st in the year)

Bar Vocational Course, Inns of Court School of Law (Outstanding, 1st in the year)

Senior Scarman Scholarship

British Academy of Forensic Sciences Prize

Baron Dr Ver Heyden de Lancey Prize (Middle Temple)

Mentions