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Clare Baker

Clare Baker

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Clare has a thriving commercial law practice with a particular focus on banking and financial services law. She also practises in pensions and trusts law.

Clare has considerable financial services law expertise having worked as an in-house lawyer at UBS Investment Bank specialising in hedge funds, prime brokerage, and structured products, and, as a secondee, to the FSA and the FCA. She advises regularly on all areas of financial services regulatory work.

Clare’s on-going banking work includes advising a senior independent reviewer in relation to their review of a large UK bank’s remediation programme with a particular focus on property finance.

Clare also advises on mis-selling claims, in relation to payment protection insurance (PPI), swaps and, more recently, unregulated collective investment schemes (UCIS) and film industry investment schemes.

Clare has appeared, both as an advocate and junior, in interlocutory matters and final hearings in the Privy Council, the High Court, county courts, the Employment Appeal Tribunal and employment tribunals.

Prior to transferring to the Bar in 2007, Clare was a solicitor in Simmons & Simmons’ Finance Litigation department. During this time, she acted for a number of high-profile institutions, including banks, insurance companies and other corporates.

Clare was educated at Pembroke College, Cambridge University (2:1 Law) and the Oxford Institute of Legal Practice (Distinction).

Financial Services

Clare’s financial services work encompasses regulatory, transactional and civil work. As a result of being instructed by the FCA, Clare has particular expertise as regards the FCA’s role as regulator of the consumer credit and claims management sectors.

Clare’s financial services advisory work over recent years has included:

  • advising the Financial Services Compensation Scheme regarding assignment of the legal and beneficial interests in SIPP assets and property
  • advising a SPV as to whether its securitisation activities fell within the consumer credit regime
  • advising a club on whether their activities fell within the FCA’s consumer credit regime
  • advising a BACs bureau service provider as to whether its activities fell within the Payment Services Regulations
  • advising a group of investors as to the operation of a collective investment scheme, arranging deals in investments, and the financial promotion rules
  • advising a fund as to its operation of a collective investment scheme or alternative investment fund and relevant exemptions to the FCA rules
  • advising an investment management company on a variety of issues including its obligations to investors under the FCA rules, the use of unauthorised introducers of business, and compliance with the Bribery Act
  • advising a firm as to whether its card processing and leasing activities fell within the FCA’s consumer credit regime
  • advising a firm regarding the operation of a multilateral trading facility
  • advising the FCA regarding miscellaneous issues including the operation of the Payment Services Regulations and s.165 requests.

Clare has co-authored Butterworths Financial Regulations Services and the Second Edition of Lissack and Horlick on Bribery (LexisNexis 2014) and is a member of the Financial Services Lawyers Association.

Banking

Clare’s on-going banking work includes advising a senior independent reviewer in relation to their assessment of a large UK bank’s remediation programme with a particular focus on property finance.

She advises on mis-selling claims in relation to payment protection insurance (PPI), swaps and, more recently, unregulated collective investment schemes (UCIS) and film industry investment schemes.

Clare has co-authored Butterworths Financial Regulations Services and the Second Edition of Lissack and Horlick on Bribery (LexisNexis 2014) and is a member of the Financial Services Lawyers Association.

Commercial & Chancery

Clare regularly advises on general commercial issues, including confidentiality and data protection, public procurement (including the operation of the Public Contracts Regulations 2015), compliance with various regulatory frameworks, and jurisdictional/cross-border issues.

Examples of Clare’s commercial work include:

  • advising on an insurance claim regarding denial of critical illness cover and personal injury benefit
  • acting with Richard Lissack QC in a claim before the Privy Council regarding jurisdiction (Texan Management Limited & Others v Pacific Electric Wire & Cable Company Limited [2009] UKPC 46)
  • assisting Richard Lissack QC and Nicholas Hill with a commercial arbitration claim for breach of contract and specific performance.

Clare has experience of drafting commercial pleadings, opinions and skeleton arguments and has appeared as an advocate in commercial hearings at county court and High Court level. She is a member of the Commercial Law Bar Association and the London Common Law and Commercial Bar Association.

Pensions & Trusts

Clare advises individuals, trade unions, corporates and governmental bodies on a variety of issues, including the following:

  • construction and interpretation of pension scheme rules and trust deeds
  • construction and interpretation of statutory instruments and legislation
  • trustees’ duties
  • pensions mis-selling
  • making complaints to the Pensions Ombudsman
  • pension overpayments and the change of position defence
  • age discrimination
  • the automatic enrolment pensions legislation
  • transfer of pension benefits after TUPE transfers
  • pensions issues on insolvency
  • pensions sharing orders
  • ill health retirement
  • the effect of proposals to cap senior executives’ pensionable salary.

Clare has co-authored the latest edition of Atkins Pensions Vol 31(1) and is a member of the Chancery Bar Association.

 

Appointments & Memberships

  • Chancery Bar Association
  • Commercial Law Bar Association
  • Financial Services Lawyers Association
  • London Common Law and Commercial Bar Association

Clare Baker is regulated by the Bar Standards Board (BSB) and holds a current practising certificate. If you are not satisfied with the service provided, please click here.

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