Experience

Key cases include:

  • Acting for the liquidators of Stanford International Bank in connection with the second largest Ponzi scheme in history, with creditor-victims of over $7bn
  • Acting for a financial institution in a dispute concerning the validity of corporate actions under the Cayman Islands sanctions regime
  • Acting for a large number of institutional investors in their claims against RBS relating to its rights issue of April 2008 (The RBS Rights Issue Litigation [2016] EWHC 3161 (Ch)). This was the first group litigation in the financial services sphere and one of the recent leading authorities on the application of legal advice privilege
  • Acting in a €500m claim against an investment bank for breach of fiduciary duty arising out of market manipulation in respect of complex credit-linked note transactions, and related offshore insolvency proceedings
  • Acting for mezzanine lenders resisting a non-consensual debt restructuring by senior lenders, and pursuing a damages claim against the security trustee
  • Successfully defending (at first instance, appeal and in subsequent proceedings) a high net worth individual in a $2bn contractual dispute in relation to activities in diamond mining in Angola
  • Successfully representing (at first instance and on appeal) a company in its claim again former directors for fraud and breach of fiduciary duty (GHLM v Maroo and Ors)
  • Acting on a breach of warranty claim regarding the design and implementation of the billing system of a major utility company (GB Gas Holdings Limited v Accenture (UK) Limited and Others)

Expertise

Elaina acts for companies, financial institutions, states and state-entities and high net worth individuals on a wide range of high-value commercial disputes. Her main practice areas include contentious insolvency and asset recovery, commercial aviation disputes, banking and securities litigation and commercial disputes relating to sanctions.

Career

Elaina studied Philosophy and Theology at Oxford University (first class honours). She trained and qualified at Linklaters LLP in before joining Stewarts in August 2011.

Accreditations and Memberships

  • LSLA Committee member (London Solicitors Litigation Association) and former member of the JLSLA Committee
  • Co-President of Insolvency Law Commission (Common Law) at AIJA (International Association of Young Lawyers)

Publications

Elaina has written articles for The Times, City AM, the Commercial Litigation Journal and the Solicitors Journal on a broad range of subjects including:

  • Litigation risk for companies in relation to ESG credentials and reporting;
  • the legal implications of the re-imposed US sanctions on Iran; and
  • recent developments in the case law on legal advice and litigation privilege.

She is regularly quoted in the national press, including in the FT and The Times, in relation to topical legal issues.

Elaina regularly speaks at AIJA conferences, including moderating a panel on group actions at the 2022 Litigation Annual Conference speaking on a panel discussing litigation as a tool to hold corporates to account at the 2019 AIJA Annual Congress.

Recognition

Elaina is recognised in the Legal 500 as a “next generation lawyer” in the field of Banking Litigation.

Personal

Elaina enjoys skiing, running and hiking in an attempt to counterbalance her keen interest in food and drink. She holds a WSET Level 3 award in wines and spirits, with a particular interest in the wines of Bordeaux and Australia.

Elaina Bailes's articles and news

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Recent Commercial Litigation News and articles

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Recent Securities Litigation News and articles

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