Rosanna Foskett
Call: 2008
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“She is a very reliable advocate. Judges warm to her because she is very no-nonsense and straightforward in her presentation - she distils cases down to their key essence quite quickly. She is a very sound and seasoned advocate.” (2022)
Chambers UK Chancery: Commercial
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Overview
Rosanna practises in commercial chancery/general commercial litigation and arbitration. She is recommended in the directories for commercial dispute resolution, commercial chancery work, 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. 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 is happy to appear unled or as part of a team of counsel.
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) and Grant and Mumford’s Civil Fraud: Law, Practice and Procedure (1st supplement to 1st edition, due 2021).
Further details of specific experience can be obtained by contacting Rosanna’s clerks. Her recent work highlights include:
- LCIA arbitration in a utilities price dispute worth millions of pounds
- Private equity shareholder dispute worth over £10 million
- 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 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
- 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.
Terms of Business
Rosanna’s clerks are 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 2020 (as updated from time to time).
Memberships
- Chancery Bar Association
- COMBAR
- Insolvency Lawyers Association
- ConTrA
Qualifications
- MA (Hons) First Class
- MPhil First Class
Languages
- German – Advanced
- French - Basic
Articles
Publications
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Commercial Disputes & Arbitration
Rosanna has extensive experience in general commercial litigation and arbitration. Much of Rosanna’s caseload involves fraud or asset recovery issues, particularly in the context of disputes concerning breach of directors’ duties, shareholder fights, insolvency and banking matters.
Particular work highlights in the last few years include acting in a multi-million pound utilities arbitration, hotly-contested public interest winding-up petitions relating to allegedly missold investments of over £200m and linked proceedings brought by the Financial Conduct Authority in relation to allegedly missold investments of £230m, High Court proceedings about £30m properties linked to the long-running litigation about a bankrupt Russian businessman and an arbitration concerning a family-owned £1bn group of real estate companies.
She has wide-ranging experience of handling matters involving jurisdiction challenges and conflicts of laws issues and has dealt with proceedings in and/or the laws of other jurisdictions in commercial disputes, particularly the Cayman Islands, the BVI, Liechtenstein, Jersey, Saudi Arabia, Bahrain and the UAE.
Rosanna has been recommended in the directories for a number of years: in relation to her commercial and commercial chancery practice both as sole counsel and as part of a team of counsel, it is said that she is “absolutely brilliant: she’s really bright, very hands-on and a team player”, “always very calm and provides level-headed advice”, “extremely personable, very commercial and her advice is always on point", "very popular with silks, and is very reliable in her written work" and "clever, friendly, good on her feet".
Civil Fraud & Asset Recovery
Much of Rosanna’s caseload involves fraud or asset recovery issues, particularly in the context of disputes concerning breach of directors’ duties, shareholder fights, insolvency and banking matters. Particular work highlights in the last few years include acting in hotly-contested public interest winding-up petitions relating to allegedly missold investments of over £200m and linked proceedings brought by the Financial Conduct Authority in relation to allegedly missold investments of £230m, High Court proceedings about £30m properties linked to the long-running litigation about a bankrupt Russian businessman and an arbitration concerning a family-owned £1bn group of real estate companies.
She has wide-ranging experience of handling matters involving jurisdiction challenges and conflicts of laws issues and has dealt with proceedings in and/or the laws of other jurisdictions in civil fraud disputes, particularly the Cayman Islands, the BVI, Liechtenstein, Jersey, Saudi Arabia, Bahrain and the UAE.
Rosanna has been recommended in the directories for a number of years: in relation to her commercial and commercial chancery practice both as sole counsel and as part of a team of counsel, it is said that she is “absolutely brilliant: she’s really bright, very hands-on and a team player”, “always very calm and provides level-headed advice”, “extremely personable, very commercial and her advice is always on point", "very popular with silks, and is very reliable in her written work" and "clever, friendly, good on her feet".
Company, Partnership & LLPs
Much of Rosanna’s caseload involves company and partnership disputes, particularly in the context of disputes concerning breach of directors’ duties, shareholder fights, private equity disputes and insolvency and banking matters.
Particular work highlights in the last few years include proceedings arising out of the £7.5bn Lehman Brothers UK surplus raising novel and complex points of company and insolvency law, a private equity dispute worth over £10m relating to a healthcare clinic in West London, a joint venture dispute over potential development land in Hertfordshire worth around £25m, a shareholder dispute in an offshore jurisdiction in relation to a South American finance company and an arbitration concerning a family-owned £1bn group of real estate companies.
She has wide-ranging experience of handling matters involving jurisdiction challenges and conflicts of laws issues and has dealt with proceedings in and/or the laws of other jurisdictions in shareholder, company and partnership disputes, particularly the Cayman Islands, the BVI, Liechtenstein, Jersey, Saudi Arabia, Bahrain and the UAE.
Rosanna has been recommended in the directories for a number of years. In relation to her company and partnership and general commercial and commercial chancery practice, it is said that she:
- Is “absolutely brilliant: she’s really bright, very hands-on and a team player”
- Is "brilliant at getting to grips with the complexities of cases and presenting them lucidly and attractively"
- Has “excellent judgement” and is “willing to roll up her sleeves and work as part of the team."
- Is “always very calm and provides level-headed advice”
- Is "clever, friendly, good on her feet" and
- “thinks on her feet, is thorough, articulate and compelling."
Banking & Financial Services
Rosanna has widespread banking and financial services disputes experience. In England, she has amongst other matters acted for many years in the Lehman Waterfall proceedings and in disputes relating to alleged misselling of high value investment products, including matters brought by the Financial Conduct Authority. She has also acted in banking disputes in offshore jurisdictions, notably Cayman disputes concerning a South American bank and a Middle Eastern private equity house. She has particular expertise where there is a civil fraud and/or insolvency or company law angle to the banking or financial services dispute and regularly advises and appears in such cases.
Rosanna is recommended in this area; directories have said that she is “an outstanding banking and finance junior, praised for her straightforward and practical approach”, “enjoys an excellent reputation for her wide-ranging experience in banking and finance disputes” and is “praised by peers as “unflappable” and “a real team player”.”
Insolvency & Restructuring
Much of Rosanna’s caseload involves insolvency issues, particularly in the context of civil fraud matters, disputes concerning breach of directors’ duties, shareholder fights and banking matters.
Particular work highlights in the last few years include hotly-contested public interest petitions relating to allegedly missold investments of over £200m and linked proceedings brought by the Financial Conduct Authority in relation to allegedly missold investments of £230m, proceedings arising out of the £7.5bn Lehman Brothers UK surplus raising novel and complex points of company and insolvency law, asset recovery proceedings arising out of the bankruptcy of a prominent Russian businessman, a dispute over £20m properties in receivership and an arbitration concerning a family-owned £1bn group of real estate companies.
She has wide-ranging experience of handling matters involving jurisdiction challenges and conflicts of laws issues and has dealt with cross-border disputes, particularly those involving the Cayman Islands, the BVI, Liechtenstein, Jersey, Saudi Arabia, Bahrain and the UAE.
Rosanna has been recommended in the directories for a number of years. In relation to her practice, it is said that she:
- Is “absolutely brilliant: she’s really bright, very hands-on and a team player”
- Is "brilliant at getting to grips with the complexities of cases and presenting them lucidly and attractively"
- Has “excellent judgement” and is “willing to roll up her sleeves and work as part of the team."
- Is “always very calm and provides level-headed advice”
- Is "clever, friendly, good on her feet" and
- “thinks on her feet, is thorough, articulate and compelling."
Private client and trusts disputes
Rosanna has, since she started in practice, acted regularly in private client disputes, particularly those involving complex asset holding structures whether domestic or offshore. She has been instructed by corporate and trust service providers, trustees, directors and high net worth individuals in wide-ranging disputes involving a number of overlapping areas of law, such as fraud, asset recovery, breaches of directors’ and other fiduciary duties, insolvency, company and partnership issues and probate/wills/succession planning disputes.
She has wide-ranging experience of handling matters involving jurisdiction challenges and conflicts of laws issues and has dealt with proceedings in, and the laws of, other jurisdictions, most recently the Cayman Islands, the BVI, Liechtenstein, Jersey, Saudi Arabia, Bahrain and the UAE.
Rosanna has been recommended in the directories for a number of years: in relation to her practice both as sole counsel and as part of a team of counsel, it is said that she is “absolutely brilliant: she’s really bright, very hands-on and a team player”, “always very calm and provides level-headed advice”, “extremely personable, very commercial and her advice is always on point", "very popular with silks, and is very reliable in her written work" and "clever, friendly, good on her feet".
Offshore and international
A very large proportion of Rosanna’s litigation and arbitration caseload has an international dimension. She has been instructed in many cases involving expert evidence on foreign law and is well versed in all the various pre-action and interim applications (such as freezing injunctions, proprietary injunctions, search orders, disclosure applications, jurisdiction challenges, applications within international arbitrations) which regularly come up in international disputes.
She regularly acts in commercial disputes with an offshore angle, particularly those involving complex asset holding structures. She has wide-ranging experience of handling matters involving jurisdiction challenges and conflicts of laws issues and has been instructed in cases involving proceedings in, and the laws of, other jurisdictions, particularly the Cayman Islands, the BVI, Liechtenstein, Jersey, Saudi Arabia, Bahrain and the UAE.
Rosanna has been recommended in the directories for a number of years: in relation to her practice both as sole counsel and as part of a team of counsel, it is said that she is “absolutely brilliant: she’s really bright, very hands-on and a team player”, “always very calm and provides level-headed advice”, “extremely personable, very commercial and her advice is always on point", "very popular with silks, and is very reliable in her written work" and "clever, friendly, good on her feet"