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Cases Rosanna Foskett

LB Holdings Intermediate 2 Ltd (In Administration), Re Lehman Brothers Holdings Plc (In Administration)

Judgment Date: 03 Jul 2020

The court determined the priority of competing claims under subordinated loan agreements and subordinated loan notes in the administration of two Lehman Brothers companies in which the claims of unsecured unsubordinated creditors had all been paid.

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Members
Rosanna Foskett

Practice areas
Banking & Financial Services
Commercial Disputes
Company, Partnerships & LLPs
Insolvency & Restructuring

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

Judgment Date: 20 Dec 2018

The claimants were entitled to summary judgment on invoices for goods supplied where the defendant had failed to show any realistic prospect of defending the claim on the basis that the goods supplied were deficient in quality, thereby giving rise to a cross-claim.

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Members
Rosanna Foskett

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 Brother

Judgment Date: 03 Aug 2017

Proposals to settle a number of inter-company claims in the Lehman Brothers group administration were approved where the outcome would be to expedite the distribution to unsecured creditors without any reserve having to be made for future contribution claims. Moreover, the administrator of each company had been able to form an independent view that the proposed settlement would benefit the estate in respect of which they had been appointed, so that there was no conflict of interest.

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Members
Rosanna Foskett

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 Administrat

Judgment Date: 17 May 2017

The Supreme Court held by majority that creditors who suffered loss because of currency fluctuations between the administration date, when their debts were converted into sterling, and the payment date, were not entitled to claim the loss as a non-provable debt.

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Members
Rosanna Foskett

In the Matter of Johnson (2014)

Judgment Date: 31 Oct 2014

The discretion to vary or revoke an order under r.3.1(7) was broad, but considerations of finality required a principled exercise of discretion. It did not provide for a judge of co-ordinate jurisdiction to vary or revoke on the basis that he would have made a different order.

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Members
Rosanna Foskett

Practice areas
Real Estate

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

Judgment Date: 29 Jul 2014

On its proper construction, a third party legal charge was not restricted to securing the original £27 million loan facility granted by a bank to a property development company, but extended to further loan facilities, an overdraft, and loan facilities extended to related companies.

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Members
Matthew Collings KC
Rosanna Foskett

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

Judgment Date: 31 Jul 2013

The court had jurisdiction to make an order for costs on a without-notice application against the party who had not had notice of the hearing.

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Members
Rosanna Foskett

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

Judgment Date: 12 Jun 2013

It was not appropriate to grant summary judgment in favour of a public relations company in defamation and malicious falsehood proceedings in circumstances where there was a sufficient argument that the company was a joint tortfeasor as claimed and there was insufficient evidence to enable the court to determine responsibility summarily. In addition, the covert nature of the alleged joint tortfeasors was such that the court could not be confident of the company's role in the publication and circulation of a defamatory website and email.

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Members
Rosanna Foskett

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

Judgment Date: 12 Jun 2013

The court was not satisfied that a mother was acting fully independently or was liberated from undue influence when she transferred over 90 per cent of her estate to her daughter, which had had the effect of adeeming gifts of property to her two other children.

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Members
Rosanna Foskett

In the Matter of Craig Johnson (2013)

Judgment Date: 09 May 2013

The court made declarations that certain real property and pension funds were the realisable assets of a person convicted of fraud and money laundering and subject to a confiscation order.

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Members
Rosanna Foskett

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

Judgment Date: 12 Dec 2012

The defendants to claims of breach of confidence and unlawful interference with business interests were successful in setting aside interim orders granted to the claimants on ex parte applications as they had established that the claimants had breached their duties to the court.

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Members

Narinder Jhittay
Rosanna Foskett

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

Judgment Date: 05 Jul 2012

An application to vary a court order to allow the owner of a block of flats to retain possession of one flat when receivers took possession of the block amounted to an application for a mandatory injunction requiring the receivers to allow him to remain in the property.

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Members
Rosanna Foskett

George Maloney v Filtons Ltd (2012)

Judgment Date: 24 May 2012

The defendant property management companies did not have the benefit of a lease over a property but were managing agents of the property, which meant that they were entitled to grant sub-leases and to obtain deposits, but were then required to account to the registered proprietors of the property for the rent collected, less expenses and their commission.

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Members
Rosanna Foskett

Practice areas
Real Estate

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

Judgment Date: 21 Mar 2012

Receivers of charged residential property were entitled to interim injunctive relief granting unrestricted access to the property and relevant documents in circumstances where their access had been obstructed by a purported lessee, who had possibly acted unlawfully in collecting substantial amounts of rent as a result of granting sub-tenancies.

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Members
Rosanna Foskett

Practice areas
Real Estate

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

Judgment Date: 14 Dec 2011

(2011) Summary Despite the existence of English jurisdiction clauses in loan agreements with two of the defendants, the appropriate forum for a claim by a Kazakhstan bank against its former controlling shareholders and others was Kazakhstan rather than England.

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Members
Richard Morgan KC
Rosanna Foskett
Thomas Munby KC

Practice areas
Commercial Disputes

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

Judgment Date: 13 Oct 2011

In order to obtain the appointment of a provisional liquidator in the case of a creditor's winding-up petition, the petitioner had to show as a threshold test that he was likely to obtain a winding-up order on the hearing of the petition.

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Members
Rosanna Foskett

Delagio & Ors v Maxwell (2009)

Judgment Date: 20 Oct 2009

There was no basis for the continuation of a worldwide freezing order against a property agent where there was insufficient evidence of dishonest conduct on his part or of any likelihood that he would attempt to stymie a judgment against him.

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Members
Christopher R Parker KC
Rosanna Foskett