Rosanna Foskett

Rosanna practises in commercial chancery/general commercial litigation and arbitration. She is recommended in the directories for commercial chancery, company and partnership and banking and finance disputes.

She has wide-ranging experience in general commercial litigation, commercial fraud and asset tracing, company and partnership matters, corporate and personal insolvency, property litigation and trusts and probate, including those involving allegations of fraud, dishonesty and undue influence.

Many of Rosanna’s cases have an international element and she is well used to dealing with jurisdiction and conflicts of laws issues, together with the full range of interim applications which tend to form part of substantial commercial disputes, both in litigation and arbitration.

Rosanna appears in the English Courts, relevant tribunals and international and domestic arbitrations under a variety of rules (with substantial experience in LCIA arbitrations) and has been involved in many offshore disputes as part of a team of lawyers from different jurisdictions.

She is a contributor to Foskett on Compromise (9^th ed, Sweet & Maxwell).

Further details of specific experience can be obtained by contacting Rosanna’s clerks. Her recent work highlights include:

• Lehman Waterfall: appeared at first instance, in the Court of Appeal and in the Supreme Court in the Lehman Brothers Waterfall I application, a case about the respective ranking for payment from the Lehman Brothers International (Europe) estate of £8bn and in follow-on proceedings (Waterfall III and the Lehman Subordinated Debt application)
• LCIA arbitration in a utilities price dispute worth millions of pounds
• LCIA arbitration about a £1bn family-owned company in a shareholder dispute
• acting in several shareholder/joint venture disputes covering a variety of industries including luxury cars, health care providers, commercial property development, agricultural machinery, care homes, hotels and financial services
• acting in proceedings brought in relation to multimillion-pound investments in storage units and airport car parks
• acting in asset-recovery proceedings arising out of the collapse of a multimillion-pound investment scheme
• acted in long-running asset recovery litigation brought by the trustees in bankruptcy of a Russian businessman concerning the ownership of properties worth tens of millions of pounds in North London
• Dar Al Arkan: long-running litigation in the Commercial Court brought by a prominent Saudi real estate development company and a Bahraini bank alleging conspiracy and other economic torts
• Maloney v Filtons Ltd, Mackay v Ashwood Enterprises Ltd and Ashwood Enterprises Ltd v Bank of Ireland: appeared for the Bank of Ireland and receivers appointed by them over substantial property near the London 2012 Olympic Park at various successful interlocutory hearings (in the High Court and the Court of Appeal) and at two trials

Academic background

Rosanna read Classics at Trinity College, Cambridge, where she obtained a Double First in her undergraduate degree and a First in her M.Phil. She received a number of University and College prizes, became a Junior Scholar, Senior Scholar and Research Scholar of her college and received an award from the Arts and Humanities Research Council for her M.Phil.

She converted to Law at City University, gaining a Distinction in the Graduate Diploma in Law and was invited to return there as a Teaching Fellow in Equity and Trusts during her Bar Vocational Course.

She was awarded Lord Bowen, Lord Mansfield and Sunley Scholarships and a Hardwicke Entrance Award by Lincoln’s Inn.

Rosanna’s clerks would be happy to discuss the terms on which Rosanna will act. In the absence of express agreement in writing to the contrary, Rosanna accepts instructions on the basis of the Bar Standards Board’s Standard Contractual Terms for the Supply of Legal Services By Barristers to Authorised Persons 2012 (updated for the GDPR in 2018).

Notable Cases

(1) Smiths Interconnect Group Ltd (2) Kaelus Communications Equipment (Shanghai) Co Ltd v Quintel Technology Ltd (2018)

In The Matter Of LB Holdings Intermediate 2 Ltd (In Admin) : In The Matter Of Lehman Brothers Ltd (In Admin) : In The Matter Of Lehman Brothers Ltd (Europe) (In Admin) :In The Matter Of Lehman Brothers Holdings Plc (In Admin) (2017)

In The Matter Of Lehman Brothers International (Europe) (In Administration) : In The Matter Of Lehman Brothers Ltd (In Administration) : In The Matter Of LB Holdings Intermediate 2 Ltd (In Administration) (2017)

Joint Administrators of LB Holdings Intermediate 2 Ltd (In Admin) v Lomas & ors [2015]

In the Matter of Johnson (2014)

Ashwood Enterprises Ltd & Ors v The Governor & Company of Bank of Ireland & Ors (2014)

In the Matter of Lehman Brothers International (Europe) (In Administration) (2014)

Bruce Mackay & Ors v Ashwood Enterprises Ltd & Ors (2013)

Kenneth Hart & Ors v Susan Burbidge & Ors (2013)

Dar Al Arkan Real Estate Development Co & Ors v Majid Al-Sayed Bader Hashim Al Refai & Ors (2013)

In the Matter of Craig Johnson (2013)

Dar Al Arkan Real Estate Development Co v Majid Al-Sayed Bader Hashim Al Refai (2012)

Eurofinance SA & Ors v Rubin & Anor (2012)

Mackay & Anor v Ashwood Enterprises Ltd & Ors (2012)

George Maloney, Bruce Mackay, Graham Bushby, Matthew Haw v Filtons Ltd (2012)

George Maloney v Filtons Ltd (2012)

Alliance Bank JSC v Aquanta Corp & 14 Ors (2011)

Revenue & Customs Commissioners v Rochdale Drinks Distributors Ltd (2011)

Anthracite Rated Investments (Jersey) Ltd v Lehman Brothers (2011)

Royal Bank of Scotland v Hicks & Ors (2010)

Delagio & Ors v Maxwell (2009)

Memberships

Chancery Bar Association, COMBAR, Insolvency Lawyers Association, ConTrA

Qualifications

MA (Hons) First Class, MPhil First Class