Rosanna Foskett
Rosanna deals with a wide range of domestic and international business disputes. She has been recommended in the leading directories since she was only a few years into practice and has recently been described as “a great advocate, who is both excellent on paper and on her feet”, “brilliant on the law”, “extremely bright” and “operating as KC without the title”.
Her commercial caseload includes work in civil fraud, insolvency, asset recovery/enforcement, company, partnership and offshore and trusts. Her cases often involve a cross-over between several of these areas.
She has wide-ranging experience of handling matters involving jurisdiction challenges and conflicts of laws issues and has dealt with commercial proceedings in and/or under the laws of many other jurisdictions, most recently the Cayman Islands, Barbados, Jersey, the BVI, Liechtenstein, India, Saudi Arabia, Bahrain and the UAE.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2008
Membership
- COMBAR, Chancery Bar Association
Qualifications
- MA (2005)
- MPhil (2006)
- Graduate Diploma in Law (2007)
Education
- University of Cambridge (Trinity College) (2002-2006)
- City University, London (2006-2008)
1 Contributions by Rosanna Foskett
PRACTICE NOTES
Foreign creditors and cross-border insolvency in England and Wales: proving, enforcement, currency claims, foreign judgments, Gibbs rule, CBIR 2006, and Recast Regulation transitions
There is no restriction on a foreign creditor proving in an administration, liquidation or bankruptcy in England and Wales. Likewise, upon discharge from bankruptcy, an English debtor is, so far as the English court is concerned, freed from liability to foreign creditors. By contrast, under the so‑called Gibbs rule in English law (stemming from the decision in Antony Gibbs Sons v La Société Industrielle Et Commerciale Des Métaux), a foreign proceeding intended to extinguish a debtor’s obligations only releases those liabilities governed by the law of the country where that proceeding occurs, unless a creditor has submitted to the foreign process. In Re OJSC International Bank of Azerbaijan, the Court of Appeal, applying the Gibbs rule, refused to grant an indefinite continuation of the stay under article 21 of the Cross‑Border Insolvency Regulations 2006 (CBIR 2006), SI 2006/1030, which would have prevented creditors under English law debt arrangements from enforcing their rights against an Azeri bank that had advanced an Azeri restructuring plan discharging its debts, approved by the Azeri court...
Restructuring & Insolvency
If you expected to see yourself on this page, click here.
