Rosanna Foskett

Rosanna is recommended in Chambers UK for commercial Chancery litigation and has an advocacy and advisory practice in all areas of commercial and commercial Chancery disputes. She has wide-ranging experience in general commercial litigation, commercial fraud and asset tracing, company and partnership matters, corporate and personal insolvency, commercial and residential property litigation and trusts and probate, including those involving allegations of fraud, dishonesty and undue influence.

Rosanna appears in the County and High Courts, the Court of Appeal and before various other tribunals and has assisted with paperwork for hearings in offshore jurisdictions. She is equally happy to be instructed on her own or to work as part of a team.

Further details of Rosanna’s experience in any particular area can be obtained from the clerks (clerks@maitlandchambers.com). Her recent work highlights include:

• appeared at first instance and in the Court of Appeal in the Lehman Brothers Waterfall application, a case worth billions of dollars about the respective ranking for payment from the Lehman Brothers International (Europe) estate of subordinated debt which formed part of a company’s regulatory capital, statutory interest payable under UK insolvency legislation and non-provable claims submitted by foreign currency creditors in the English administration of Lehman Brothers

• 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

• 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

• Hart v Burbidge: appeared unled at trial for the successful claimants in a challenge to various dispositions of property procured by undue influence

• Rubin v Eurofinance SA: assisting with written submissions on behalf of two interveners in the Supreme Court appeal in concerning the enforcement of foreign judgments in an insolvency context

• Re Johnson: appearing unled for a Criminal Justice Act receiver in the Administrative Court in asset-recovery proceedings

• Alliance Bank JSC v Aquanta Corporation: appeared unled for one of fifteen defendants on a jurisdiction challenge and challenge to a worldwide freezing order in an alleged US$1.1 billion fraud/conspiracy claim brought by a Kazakh bank against its former controlling shareholders and various corporate entities

• HMRC v Rochdale Drinks Distributors Ltd: appeared in the Chancery Division and the Court of Appeal in a leading case on the appointment of provisional liquidators

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.

Notable Cases

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

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) (2015)

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

Qualifications
MA (Hons) First Class, MPhil First Class