Rachel Couter#14426

Rachel Couter

Rachel specialises in financial services regulatory investigations and litigation and heads up Osborne Clarke's contentious financial services practice.  
 
Rachel is named as a leading individual by both Legal 500 and Chambers and is also in Legal 500's "Hall of Fame".

She has acted for and advised various financial institutions, including banks, brokers, asset managers, lenders, custodians, trading platforms, SIPP operators, fintechs and payments providers, as well as individuals, in a wide range of complex matters, including multi-jurisdictional investigations and enforcement proceedings.

Her expertise includes matters involving numerous regulatory bodies, including the Financial Conduct Authority, the Prudential Regulation Authority, the Payment Systems Regulator, the Insolvency Service and the National Crime Agency. Particular areas of regulatory compliance include market abuse, insider dealing, mis-selling, suitability, AML, systems and controls, governance, treating customers fairly, safeguarding, responsible lending, transaction reporting and complaints handling.

Rachel was part of the Osborne Clarke team advising the Board of directors of Wirecard Card Solutions, following the discovery of a massive fraud in its German parent, including dealing with the suspension of Wirecard UK's FCA payments licence and the subsequent wind-down of the business. She also advised a number of SME Representatives in respect of the set up of the Business Banking Resolution Service, the voluntary extension of the Financial Ombudsman Service. She leads Osborne Clarke's work as one of 6 firms on the core legal services panel for the Financial Services Compensation Scheme. She has also been appointed as a Skilled Person pursuant to s166 FSMA 2000.

Practice Areas

Panel

  • Contributing Author

Qualified Year

  • 1997

Experience

  • SJ Berwin LLP / King & Wood Mallesons LLP (2010 - 2017)
  • Gibson Dunn & Crutcher LLP (2006 - 2010)
  • Freshfields LLP (1995 - 2006)
  • Cravath, Swaine & Moore (New York) (2001 - 2002)

Membership

  • Law Society of England & Wales
  • Financial Services Lawyers Association

Qualifications

  • Admitted as a solicitor in England and Wales (1997)
  • MA (Hons) – Law (1997)
  • Legal Practice Course (Distinction) (1995)
  • BA (Hons) – Law (1st class) (1994)

Education

  • College of Law, York (1994-1995)
  • St John's College, Cambridge University (1991-1994)

1 Contributions by Rachel Couter

UK FSCS protection for pensions: scope, eligibility, limits and claims across occupational schemes, personal pensions/SIPPs, deposits and annuities, and interaction with the PPF
PRACTICE NOTES
UK FSCS protection for pensions: scope, eligibility, limits and claims across occupational schemes, personal pensions/SIPPs, deposits and annuities, and interaction with the PPF
This Practice Note examines the Financial Services Compensation Scheme (FSCS) in a pensions setting. For more background on the FSCS generally, consult the following Practice Notes: The Financial Services Compensation Scheme The payment or rejection of compensation under the Financial Services Compensation Scheme (FSCS) Financial Services Compensation Scheme (FSCS)—the qualifying conditions for compensation Financial Services Compensation Scheme (FSCS)—funding Financial Services Compensation Scheme (FSCS)—automatic assignment or subrogation of rights Financial Services Compensation Scheme (FSCS)—payment or rejection of compensation What is the FSCS? The FSCS is the UK’s statutory compensation fund for customers of most financial services firms authorised under the Financial Services and Markets Act 2000 (FSMA 2000). It took effect on 1 December 2001. In strict terms, the FSCS is the set of rules that establish it (the Rules). The Rules were originally made by the Financial Services Authority (FSA) and, from 1 April 2013, have been made by the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA). For pensions, the relevant Rules are contained in the FCA Handbook’s Compensation sourcebook (COMP) and Fees manual (FEES), and in the PRA Rulebook’s Policyholder Protection...
Pensions
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