Rosanna Foskett

Rosanna acts in commercial disputes of all shapes and sizes and is recommended in the legal directories for commercial and commercial chancery disputes where she has recently been described as “absolutely brilliant”, “very bright, commercially minded and extremely hard working”, a “go-to commercial junior” and providing advice that is “always on point”.

Particular work highlights in the last few years include the following disputes:

• the enforcement of a BVI judgment in England worth over US$70 million;
• issues relating to a web of English companies allegedly used as money-laundering vehicles following a £1bn fraud perpetrated across several jurisdictions;
• a LCIA arbitration concerning a family-owned £1bn group of real estate companies;
• acting for an alleged shadow and de facto director in claims for breaches of fiduciary duty arising out of the collapse of a significant manufacturing group in the UK;
• hotly-contested public interest winding-up petitions relating to allegedly mis-sold investments of over £200m and linked proceedings brought by the Financial Conduct Authority in relation to allegedly mis-sold investments of £230m;
• High Court proceedings about £30m properties linked to the long-running litigation about a bankrupt Russian businessman.

She has wide experience in the full range of interim applications in litigation and arbitration, particularly those associated with civil fraud and global asset recovery, such as freezing orders, disclosure orders, recognition of foreign judgments and foreign insolvency proceedings, examinations of judgment debtors, Norwich Pharmacal claims, Bankers Trust applications, Bankers Books Act applications, charging orders, orders for sale and third-party debt orders.

Much of Rosanna’s caseload involves civil fraud and domestic and international asset recovery work, including where it overlaps with insolvency.

She has wide experience in the full range of interim applications, particularly those associated with civil fraud and global asset recovery, such as freezing orders, disclosure orders, recognition of foreign judgments and foreign insolvency proceedings, examinations of judgment debtors, Norwich Pharmacal claims, Bankers Trust applications, Bankers Books Act applications, charging orders, orders for sale and third-party debt orders.

Particular work highlights in the last few years include the following disputes:

• the enforcement of a BVI judgment in England worth over US$70 million;
• company and insolvency issues relating to a web of English companies allegedly used as money-laundering vehicles following a £1bn fraud perpetrated across several jurisdictions;
• a LCIA arbitration concerning a family-owned £1bn group of real estate companies;
• enforcement of an English judgment worth around £3 million in England, Jersey and the UAE;
• hotly-contested public interest winding-up petitions relating to allegedly mis-sold investments of over £200m and linked proceedings brought by the Financial Conduct Authority in relation to allegedly mis-sold investments of £230m;
• High Court proceedings about £30m properties linked to the long-running litigation about a bankrupt Russian businessman.

She contributes to Civil Fraud: Law Practice & Procedure by Tom Grant KC and David Mumford KC, the most recent leading practitioners’ textbook in this field

Rosanna has acted in numerous cases involving company and partnership issues and is recommended in the legal directories where she has recently been described as “brilliant at getting to grips with the complexities of cases and presenting them lucidly and attractively”, “very confident and astute”, “thorough, articulate and compelling” and having “excellent judgment”.

She has particular experience in:

• shareholder disputes, unfair prejudice petitions, derivative actions, just and equitable winding up petitions and contractual disputes arising out of shareholder agreements and joint ventures; and
• breaches of directors’ and other fiduciary duties.

Her shareholder dispute experience involves a variety of industries including private equity funds, manufacturing conglomerates, doctors clinics, garden centres, care homes and real estate companies. She has good knowledge of valuation issues and enjoys working with expert valuers on such matters.

In recent years, she has been instructed in heavy litigation arising out of breaches of directors’, partners’ and other fiduciary duties and has as wide experience in the full range of interim applications often associated with such disputes, such as injunctions to prevent dissipation of company assets, orders relating to company meetings and corporate governance and disclosure orders.

Rosanna is experienced in dealing with both classic insolvency cases and cases where insolvency intersects with civil fraud and global asset recovery. She is recommended in the legal directories where she has recently been described in relation to her commercial and insolvency work as “very bright, commercially minded and extremely hard working”, “absolutely brilliant – really bright, very hands-on and a team player” and providing “practical and high quality advice”.

She deals with a whole range of disputes arising out of personal and corporate insolvency situations, such as winding up, administration, bankruptcy petitions, challenges to corporate and individual arrangements, disputes concerning proprietary and personal interests in different types of assets, breaches of directors’ and other fiduciary duties and the priority of payments out of insolvent estates. Her general insolvency cases in the last few years have included:

• acting for an overseas creditor in the insolvency of Greensill Capital
• acting for one set of officeholders in the long-running Lehman Brothers “Waterfall” litigation (from first instance to the Supreme Court)
• acting in complex company restoration proceedings following the insolvency and dissolution of a web of companies alleged to have been involved in money-laundering
• acting in several high-profile matters connected with failed investments schemes worth hundreds of millions of pounds;
• advising a private equity house on claims under section 423 of the Insolvency Act 1986.

Particular work highlights in the asset recovery sphere in the last few years include:

• enforcement of a BVI judgment in England worth over US$70 million;
• acting in Cayman proceedings against a company director for alleged misappropriation of company assets;
• company and insolvency issues relating to a web of English companies allegedly used as money-laundering vehicles following a £1bn fraud perpetrated across several jurisdictions;
• acting for an alleged shadow and de facto director in claims for breaches of fiduciary duty arising out of the collapse of a significant manufacturing group in the UK;
• enforcement of an English judgment worth around £3 million in England, Jersey and the UAE;
• High Court proceedings about £30m properties linked to the long-running litigation about a bankrupt Russian businessman.

She has wide experience in the full range of interim applications, particularly those associated with global asset recovery, such as freezing orders, disclosure orders, Norwich Pharmacal claims, recognition of foreign judgments and foreign insolvency proceedings, examinations of judgment debtors, contempt/committal proceedings, charging orders, orders for sale and third-party debt orders.

Rosanna has significant experience in offshore and international disputes, particularly in matters involving Cayman, BVI and Channel Islands entities operating in a wide variety of underlying business sectors, including banking and financial services.

Her current and previous offshore cases mainly involve shareholder, company and insolvency disputes and civil fraud and global asset recovery issues. She is regularly instructed on conflicts of laws issues and jurisdiction challenges and has been involved in shaping the strategy for several important multi-jurisdictional disputes.

She has wide experience in the full range of interim applications, particularly those associated with global asset recovery, such as freezing orders, jurisdiction challenges, disclosure orders, Norwich Pharmacal claims, recognition of foreign judgments and foreign insolvency proceedings, examinations of judgment debtors, contempt/committal proceedings, charging orders, orders for sale and third-party debt orders.

She is happy to provide research and assistance with written submissions to local lawyers who conduct their own advocacy, or to appear in courts and arbitrations abroad herself.