Commercial dispute resolution
Rosalind is a leading commercial dispute resolution silk. She regularly appears in the Commercial Court, Chancery Division and Court of Appeal in substantial disputes. She has acted in a wide variety of commercial contract disputes and other commercial matters, including fraud claims, as well as jurisdiction, injunction and summary judgment applications.
- FSHC Group Holdings v GLAS  EWCA 1361. For the Claimant (part of the Terra Firma group), with David Wolfson QC in the trial of a claim for rectification in relation to structured finance documentation, and the appeal from that decision (now the leading case on rectification of commercial contracts).
- Federal Republic of Nigeria v JP Morgan Chase  EWCA 1641. For the defendant in an application for summary judgment (and appeal) in respect of a claim for US$875 million for breach of contract, breach of duty of care, breach of fiduciary duty and knowing receipt in relation to the operation of a depository account for the Nigerian Government.
- Re Sargent-Disc Ltd: Entertainment Partners LLC v Sargent & Others  EWHC 3718. For a respondent purchaser of the subject company in an interim injunction application in support of an unfair prejudice petition under s 994 of the Companies Act 2006.
- Kilimanjaro AM Limited v Mortgages plc (2019): Obtained without notice injunction in Commercial Court and acting in ongoing claim arising from a complex mortgage securitisation structure.
- Ventra Investments Ltd v Bank of Scotland plc  EWHC 2058 (Comm);  EWHC 199 (Comm). Substantial Commercial Court proceedings concerning misselling of financial products, allegations of LIBOR manipulation during the global financial crisis, and breach of duty by administrative receivers.
- Marz Ltd v Bank of Scotland plc  EWHC 3618 (Ch). For Bank of Scotland in Chancery Division trial of a claim for mis-selling of interest rate hedging products.
- Doosan Power Systems v Uniper France Power (2017). Contested application to set aside without notice order restraining payment of an on-demand bond. Grounds for setting aside included material non-disclosure and section 2 of the Arbitration Act 1996.
- Aldersgate Investments v Bank of Scotland plc (2016-2018). For BOS in four claims brought by companies associated with the Reuben brothers in relation to interest rate hedging and alleged manipulation of LIBOR.
- Cephalon Inc and Teva Pharmaceuticals v CP Pharmaceuticals Limited (2015 – 2017). Acted for the Claimant pharmaceutical corporations in Commercial Court claim for £58 million arising from alleged economic duress and conspiracy in relation to a pharmaceutical manufacturing and supply contract for a leukaemia drug. Appeared in 6-week trial in 2017 (settled before judgment).
- Monks v National Westminster Bank plc  EWHC 492. Abuse of process application in relation to substantial claim for damages against bank arising from reports to credit reference agencies.
- Alpstream AG v PK Airfinance and GE Capital Aviation Services (2011-2016). Acted (with Stephen Moriarty QC) in the trial and appeal of a major Commercial Court action brought in relation to aviation financing transaction (see below, aviation section). 2 month Commercial Court trial:  EWHC 2370 (Comm). Appeal to the Court of Appeal:  EWCA Civ 1318.
- Rawlinson & Hunter and Vincent Tchenguiz v Serious Fraud Office (2012-2014). For Vincent Tchenguiz in the claim brought against the SFO arising from the failed fraud investigation by the SFO into the business activities of the Tchenguiz brothers. Appeared at various heavy interlocutory hearings throughout 2013 and 2014, including an application for third party disclosure ( EWHC 2297, appealed to Court of Appeal  4 All ER 627), an application regarding inadvertent disclosure of documents subject to privilege and PII (also appealed to the Court of Appeal;  EWCA Civ 1129), and further applications regarding disclosure ( 1 WLR 1476) and issue estoppel ( Lloyd’s Rep FC 535). Case settled shortly before trial in October 2014.
- Trimast Holding SARL v Fried Frank (2014-2016). For defendants in substantial Commercial Court claim arising from a failed loan and restructuring of a French telecommunications business. Professional negligence claim with issues of French insolvency law. One of The Lawyer’s top 20 cases for 2016, settled shortly before trial.
- Haughey Air Ltd v AgustaWestland SPA  EWHC 2746 (Comm). Contested jurisdiction application in Commercial Court arising from contract of sale of a helicopter.
- Orb ARL v Quest. Contested Norwich Pharmacal application in December 2014.
- Acted in the Bitel Litigation in the Isle of Man. Complex, high-value multi-party proceedings concerning the ownership of a mobile phone operator in Kyrgyzstan which followed contested jurisdiction application (AK Investment CJSC v Kyrgyz Mobil Tel Limited  UKPC 7). Settled during trial in 2013.
Banking & finance
Recommended as a leading QC by Chambers & Partners and the Legal 500. Most recently, Rosalind has advised on various issues arising from the planned discontinuance of LIBOR by the end of 2021 including in particular the expected impact on long term LIBOR-referenced contracts such as the ISDA Master Agreement and LMA standard form documentation. Also advised and appeared for both high street and investment banks in disputes of varying sizes and types including those involving derivative misselling/FSMA claims, alleged LIBOR manipulation, private equity structured finance, mortgages, guarantees, letters of credit, fraud/tracing claims and also litigation arising out of the global financial crisis.
- Federal Republic of Nigeria v JP Morgan Chase  EWCA 1641. Leading the defence of this £1bn claim brought against JP Morgan by the Republic of Nigeria arising from the operation of an escrow account used in an allegedly corrupt settlement of an oil dispute.
- FSHC Group Holdings v GLAS  EWCA 1361. Acted for the Claimant (part of the Terra Firma group) in the trial of a claim for rectification in relation to structured finance documentation, and the appeal from that decision (now the leading case on rectification of commercial contracts).
- Ventra Investments Ltd v Bank of Scotland plc  EWHC 2058 (Comm);  EWHC 199 (Comm). Acting for Bank of Scotland in high-value commercial claim in relation to the alleged misselling of derivative products including interest rate hedges, and also allegations about the fixing of LIBOR.
- Kilimanjaro AM Limited v Mortgages plc (2019): Acting for a subsidiary of Bank of America Merrill Lynch in claim arising from a complex mortgage securitisation structure.
- Marz Ltd v Bank of Scotland plc  EWHC 3618 (Ch). Acted for Bank of Scotland in the trial of a claim for misselling of interest rate hedging products. First derivatives misselling claim to come to trial for Lloyds Banking Group.
- Aldersgate Investments v Bank of Scotland plc (2016-2018). Acted for Lloyds Bank in four claims brought by companies associated with the Reuben brothers in relation to interest rate hedging and alleged manipulation of LIBOR. Commercial Court trial listed in November 2018.
- Monks v National Westminster Bank plc  EWHC 492. Acted for the Defendant in a substantial claim for damages arising from reports to credit reference agencies.
- Alpstream AG v PK Airfinance  EWHC 2370 (see above under Commercial Dispute Resolution). Commercial Court/Court of Appeal case in relation to aircraft mortgages; now one of the leading recent cases on mortgagee’s duties when repossessing and selling mortgaged assets.
- Felixstowe Dock & Railway Co v Barclays Bank (2013 – 2014). Multi-million pound claim for recovery of monies paid out of the Claimants’ bank accounts as a result of a mandate fraud. Claim against the bank for breach of contract, breach of duty of care and in restitution.
- Rawlinson & Hunter Trustees v Kaupthing Bank Hf. Acted 2010-2011 for Claimant (with Michael Brindle QC) in complex multi-jurisdictional dispute between the family trust of Vincent Tchenguiz and Kaupthing, the failed Icelandic Bank. Commercial Court claim for over £800 million arising from the provision of security for various loans as well as proceedings in Iceland. Involved questions of cross-border insolvency law in relation to credit institutions, banking regulation, illegality/ultra vires under Icelandic and English Law, wrongful interference in business and misrepresentation.
- Kneale v Barclays Bank plc  EWHC 1900 (Comm). Acted for the bank in an application for pre-action disclosure in relation to sections 60-65 of the Consumer Credit Act 1974.
- Experience of ICC and LCIA arbitrations as counsel.
- Currently sitting as an arbitrator in LCIA arbitrations and accepts arbitration appointments.
- Experience of conducting ad hoc arbitrations, including paper only determinations.
Recommended by Chambers & Partners, the Legal 500 and Legal Experts as an aviation specialist. Advised on and acted in a wide variety of aviation matters including issues arising from the spread of coronavirus, the collapse of Thomas Cook Airlines in 2019 and Monarch Airlines in October 2017 as well as disputes caused by the April 2010 volcanic ash cloud. Other experience includes Warsaw/Montreal Convention issues, property and contractual disputes, air accidents and discrimination claims against airlines. Clients include airlines, airports and aviation finance parties as well as the Civil Aviation Authority.
- Re Thomas Cook Airlines. External legal adviser to the CAA in relation to issues concerning Monarch’s ATOLs and route/operating licences which culminated in the licensing decision at https://www.caa.co.uk/uploadedFiles/CAA/Content/Standard_Content/Commercial_industry/Airlines/Licensing/Decisions/Decision%202019-1%20Publish.pdf.
- Aersale Aviation Ltd v Wahab: Acting for Claimant lessee in claims for around US$40 million relating to two Boeing 737-300 aircraft leased to Air Indus in Pakistan. Summary judgment hearing listed for first half of 2020.
- Re Volare Aviation (2019). Acted as external legal adviser to the CAA Panel deciding a contested case about the use of aircraft parts and their impact on the airworthiness of passenger aircraft.
- National Air Services Company v Hi-Fly Transportes Aereos SA (2016-2018). Substantial wet leasing dispute concerning three Airbus A330 aircraft (settled shortly before trial in 2018).
- Monarch Airlines (2017). Acted as external legal adviser to the CAA in relation to issues concerning Monarch’s ATOLs and route/operating licences.
- Alpstream AG v PK Airfinance and GE Capital Aviation Services (2011-2016). See above under commercial dispute resolution. Acted (with Stephen Moriarty QC) in US$30 million claim brought following the collapse of the Blue Wings airline in Germany and arising out of the financing of 7 Airbus A380 aircraft. 2 month Commercial Court trial and judgment July 2013 ( EWHC 2370 (Comm)) and appeal to the Court of Appeal ( EWCA Civ 1318).
- Haughey Air v AgustaWestland  EWHC 2746 (Comm). Claim in relation to alleged contract to repurchase a faulty helicopter.
- Belfast International Airport v Aer Lingus (2013 – 2014). Breach of contract claim brought in Northern Ireland arising from the airline’s withdrawal from BIA, and relocation to Belfast City Airport.
- DAE Leasing v Kingfisher Airlines  EWHC 3926 (Comm). Substantial summary judgment application made by airline leasing company against bankrupt airline for unpaid rental.
- Eagle Aircraft Leasing v Société Air France (2009-2010). For the Claimants in a heavy Commercial Court action involving the sale and purchase of Boeing 747-400 aircraft. Raised complex issues as to the physical condition of the aircraft and also the construction of the detailed sale and purchase agreements. Also involved issues as to compliance with aviation regulatory requirements (EASA and DGAC).
Recommended by Chambers & Partners as a leading silk. Wide experience of applications for freezing injunctions, Norwich Pharmacal orders and related matters. Currently heavily involved in litigation arising from alleged LIBOR rate manipulation.
- Currently acting for JPM Morgan in a claim brought by the Federal Republic of Nigeria in relation to an alleged fraudulent conspiracy of public officials in Nigeria to misappropriate funds in relation the grant of an oil licence (see above under Banking and Finance).
- Doosan Power Systems v Uniper France Power (2017). Acted for the respondent in setting aside a without notice order obtain in relation to an on-demand bond. Appeared in substantial application to set aside the order, including on the grounds of material non-disclosure.
- Acted (2012 – 2014) in the Tchenguiz case arising from the Serious Fraud Office’s failed investigation into alleged fraud by the Tchenguiz brothers (see under Commercial Dispute resolution).
- Orb ARL v Quest. Contested application for Norwich Pharmacal relief in December 2014.
- Acted in the Bitel litigation in the Isle of Man (see under commercial dispute resolution). Complex, multi-party commercial fraud case concerning the ownership of a mobile phone operator in Kyrgyzstan.
- Tajik Aluminium Plant v Ermatov & Others (2005-2008). Very substantial civil fraud claim in the Commercial Court relating to the supply of raw materials to an aluminium smelting plant in the former Soviet Union (junior counsel). See above under commercial dispute resolution.
- Barclays Bank v Patel & Others. (2006-2008). Commercial Court claim against 15 Defendants in relation to alleged mortgage/valuation fraud. Involved heavy applications for Norwich Pharmacal orders, multi-million pound freezing injunctions and applications to serve out of the jurisdiction.
Experience includes actions involving accountants, solicitors, stockbrokers, architects, conveyancers, insurance brokers, surveyors and mortgage valuers.
- Trimast Holding SARL v Fried Frank (2014- 2016). Acted for defendants in substantial Commercial Court claim for professional negligence against US law firm arising from a failed loan and restructuring of a telecommunications business, including issues as to French insolvency and professional liability law. One of The Lawyer’s top 20 cases for 2016, settled shortly before trial.
- Law Society v Sephton & Co  2 AC 543 (HL): Acted for the Law Society (led by Timothy Dutton QC) in the Chancery Division trial of a preliminary issue in a professional negligence claim against a firm of accountants (when the cause of action in negligence accrues) and in the subsequent appeals to the Court of Appeal and House of Lords.