Rachel Naylor

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“Red Lion is well known to be a dynamic set with many barristers operating at the top end.”
Legal 500, 2022

Personal profile

Rachel practises in all areas of Inquiries, Crime, Business Crime & Fraud and Public & Administrative Law.

She combines an eye for detail and meticulous preparation with clear, tactically prudent advice.

Rachel defends and prosecutes in the full range of Crime work with a focus on business crime and fraud, particularly in the context of large, multi-handed cases.

In recent years, Rachel has built on that experience in the field of Public & Administrative Law, focusing on Inquiries.

Inquests & Inquiries

Rachel gained comprehensive experience in all aspects of the law and practice of public inquiries during seven years as junior counsel to the Undercover Policing Inquiry, and has continued to build on that experience as junior counsel to the Afghanistan Inquiry.

Due to her extensive experience of inquisitorial proceedings Rachel also welcomes instructions in relation to inquests.

Featured cases

Independent Inquiry Relating to Afghanistan chaired by Lord Justice Haddon-Cave (February 2025, ongoing)
Undercover Policing Inquiry chaired by Sir John Mitting (2017, ongoing), including:
- negotiating with State parties to settle public interest redactions
- drafting numerous requests for evidence under rule 9 of the Inquiry Rules 2006, to both individuals and corporate witnesses;
- reviewing and making final decisions over necessary privacy redactions to prepare documents for publication;
- identifying and pursuing, where appropriate, further lines of investigation arising from the existing evidence, having regard to fairness, proportionality and cost;
- analysing vast quantities of material and making final decisions as to the relevance and necessity of that material to the Terms of Reference;
- leading the tranche 2 workstream focusing on management evidence, working with senior counsel to devise a strategic change to the Inquiry’s investigative model balancing resources, time and proportionality, and leading the junior counsel team to conduct the investigation;
- assisting in drafting sections of the CTI’s Opening Statement for tranche 2 particularly on areas of specialism developed over time; and
- questioning numerous witnesses in CLOSED, OPEN and private evidential hearings, taking account of applications made by Core Participants under rule 10 of the Inquiry Rules 2006.

Fraud

Rachel’s practice encompasses the full range of criminal work, both prosecuting and defending. She has developed particular experience in financial crime, having been instructed in a series of document-heavy, multi-handed cases. Rachel also represents the Department for Business, Energy and Industrial Strategy (BEIS) in insolvency cases.

She has considerable experience as disclosure counsel, applying the disclosure regime to large and complex cases.

Featured cases

R v David Mills and others (Op. Hornet) – Instructed as junior prosecution counsel and disclosure counsel in a multi-handed, £250m high-profile prosecution involving allegations of corruption and fraudulent trading between managers at HBOS and leading figures of the UK business community, resulting from a five-year investigation. Played an active part in the five-month trial, including witness handing, drafting admissions and drafting parts of the closing speech. [Press Report]
R v H (LIBOR 1) – Instructed by the SFO as part of the disclosure team.
Tchenguiz – Instructed by the in-house legal team to Vincent Tchenquiz, bringing a damages claim against the SFO and others, arising out of an allegation of fraud relating to the collapse of an Icelandic bank.
V Ltd – Assisted in a case in the VAT Tribunal relating to an alleged multi-million pound carousel fraud.

Serious Violence

Rachel has experience in defending and prosecuting violent crime, having undertaken a variety of cases, including those involving domestic violence, youths, and defendants charged with offences in the course of their employment.

Featured cases

R v S – Successfully defended a care worker charged with ill-treating a person in his care who lacked capacity, by attempting to suffocate her. A colleague gave eye-witness evidence for the prosecution.
R v C – Instructed to defend a teacher charged with assaulting a ten-year old autistic pupil. The pupil was assisted by an intermediary at trial, his mother gave evidence of a recent complaint and two of the defendant’s colleagues gave eye-witness evidence for the prosecution. Defendant acquitted.
R v F – Secured the acquittal of a prison officer charged with assaulting a prisoner by punching him twice. The incident was captured on CCTV and the proceedings involved legal argument as to the admissibility of expert evidence.

Crime

Rachel practices in the full range of criminal work, including drugs, dangerous dogs and firearms offences. She has experience in dealing with fitness to plead, hospital orders under the Mental Health Act, quasi-criminal matters such as ASBO applications, and advising clients in relation to planning matters charged under the Town and Country Planning Act 1990.

Featured cases

R v R – Instructed to represent a prison officer charged with conveying a list B article into custody and misconduct in public office, as a result of forming a relationship with a prisoner at the Young Offenders’ Institute in which she worked.

Sexual Offences

Rachel has experience in cases involving Sexual Offences and deals sensitively and effectively with both defendants and complainants.

Featured cases

R v A-R – Successfully resisted an abuse of process argument and s78 application on the basis of entrapment, relating to a group of males who pose as children online, post sexually explicit content, and then arrange to meet the respondents. The legal argument lasted one day and involved live evidence.
R v D – Represented a client who pleaded guilty to 13 counts including sexual assault and assault of children under 13, by penetration and voyeurism against his daughter and step-daughter.
R v M – Successfully defended a teacher charged with sexually assaulting another teacher, where the prosecution adduced evidence of recent complaint.

Public & Administrative Law

R (B) v SSJ – representing the Secretary of State for Justice in a substantive judicial review hearing relating to the categorisation of a IPP prisoner
W v MOJ – representing the Ministry of Justice in a private law claim for damages arising from a prison categorisation decision
Rachel has also been instructed by the government in civil litigation and public law matters with a national security element