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Rosanna Foskett

Call 2008

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 (9th 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 LtdMackay 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

What the directories say

Who's Who Legal, 2020

Banking and Finance
"Praised by peers as “unflappable” and “a real team player”."

Chambers UK, 2020

Chancery: Commercial
"Exceptionally responsive junior, who is very approachable and user-friendly."

Legal 500, 2020

Company and Partnership
"Excellent judgement and willing to roll up her sleeves and work as part of the team."

Chambers UK, 2019

Chancery: Commercial
"A very pleasant advocate, who is easy to get on with as an opponent. Very, very well-prepared,  she is always on top of all facts and has the cases at her fingertips." "She is really hands-on, accessible and user-friendly."

Legal 500, 2018/19

Company and Partnership
"She thinks on her feet, is thorough, articulate and compelling."

Who's Who Legal, 2019

Banking and Finance
"An outstanding banking and finance junior, praised for her straightforward and practical approach. She is often engaged in cases with a cross-border element."

Chambers UK, 2018

Chancery: Commercial

"She's very popular with silks, and is very reliable in her written work." "Clever, friendly, good on her feet, and one of the most responsive barristers to work with."

Chambers UK, 2017

Chancery: Commercial

“An "absolute star" with a rising reputation in commercial chancery work. She has acted in some of the most high-profile commercial chancery disputes of recent months.”

"She is very competent in court, has a lovely manner and is a pleasure to be around."

Legal 500, 2017

Company and Partnership
"She is extremely capable, articulate and approaches problems from all angles."

Chambers UK, 2016

Chancery: Commercial

"Has an enormous appetite for work and is very responsive to solicitors."

"A young junior with a growing reputation for the high quality of her commercial chancery practice."

Chambers UK, 2015

Chancery: Commercial

"One of the younger crop at the set of whom good things are expected in the future."

"She is extremely personable and clearly does much work behind the scenes in her role as a junior in support of leading counsel."

"She's extremely hard-working and a creative thinker."