Call 1998 | Silk 2016
"Rosalind is an outstanding barrister with a fine-tuned intellect that is able to get to the heart of any dispute."
The Legal 500
Katie Szewczyk
Deputy Senior Clerk
+44 (0)20 7842 3710
Click here to email
Oliver Duane
Team Leader
+44 (0)20 7842 3779
Click here to email
Rosalind Phelps KC is a successful silk with a broad commercial practice.
She specialises in large-scale commercial disputes, frequently acting in trials, appeals and interim matters including injunctions, jurisdiction applications and summary judgment hearings. She is as comfortable in arbitrations as in court, often sitting as an arbitrator.
Rosalind’s principal practice areas are commercial dispute resolution, banking/finance (including the discontinuance of LIBOR), arbitration, aviation and travel, civil fraud and professional negligence. Recent cases include Qatar Airways v Airbus (one of The Lawyer’s top 20 cases for 2023), Federal Republic of Nigeria v JPMorgan Chase (6 week trial in 2022 of a claim for US$1.1 billion arising from alleged breach of bank’s duties) and FSHC v GLAS (leading case on rectification). She is representing Barclays in the high-profile litigation concerning alleged FX manipulation (Allianz, O’Higgins and Evans). Rosalind is a leading aviation silk, regularly acting in large-scale aviation disputes, giving advice on COVID-19-related issues, and advising the CAA in relation to the collapse of Flybe and Thomas Cook.
She is a co-author of Thanki on Privilege and frequently acts in disputes involving privilege and related matters, including a number of leading Court of Appeal cases.
Rosalind is recommended by The Legal 500 and/or Chambers & Partners in banking and finance, aviation, commercial dispute resolution, civil fraud and travel law.
Qatar Airways Group QCSC v Airbus SAS [2022] EHHC 1248 (TCC)
Acting for Airbus leading complex multi-billion dollar claim brought by airline in relation to alleged surface degradation on A350s. One of The Lawyer’s top 20 cases for 2023.
Federal Republic of Nigeria v JPMorgan Chase [2022] EWHC 1447 (Comm) [2019] EWCA 1641
Acting for JPMorgan Chase in a six week Commercial Court trial of claim for US$875 million for breach of bankers’ duties in relation to the operation of a depository account for the Nigerian Government. Claim arose out of an alleged fraud concerning the grant of an oil exploration licence in 1998. Also appeared in earlier summary judgment application; Court of Appeal decision is now a leading authority on bankers’ duties.
Allianz Global Investors GmbH v Barclays Bank Plc & Others, O'Higgins FX Class Representative Ltd v Barclays Bank Plc & Others, Phillip Evans v Barclays Bank Plc & Others
Acting for Barclays (with Mark Hoskins KC) in a trio of high-value claims in the Commercial Court and CAT concerning alleged manipulation of FX rates and breaches of competition law.
FSHC Group Holdings v GLAS [2020] 2 WLR 429
Acting for the Claimant (part of the Terra Firma group), with David Wolfson KC in the trial of a claim for rectification in relation to structured finance documentation, and the appeal from that decision. Now the leading recent case on rectification of commercial contracts. Rosalind has subsequently acted for several other clients in relation to rectification issues, and delivered lectures on the topic.
Re Flybe Limited (2019-2020)
Appointed legal advisor to the CAA Panel issuing decision about Flybe’s operating licence, culminating in the written decision in April 2020. Currently under appeal to the Secretary of State for Transport.
Recommended by Chambers & Partners, The Legal 500 and Legal Experts as an aviation and travel specialist, Rosalind has advised on and acted in a wide variety of aviation matters including issues arising from the COVID-19 crisis, the collapse of Flybe in 2020, 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 aircraft leasing disputes, Warsaw/Montreal Convention issues, other 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.
Qatar Airways Group QCSC v Airbus SAS [2022] EHHC 1248 (TCC)
Acting for Airbus in multi-billion dollar claim brought by airline in relation to alleged surface degradation on A350s involving complex technical, contractual and regulatory issues. Very high profile aviation industry dispute which was one of The Lawyer’s top 20 cases for 2023. Expedited trial listed for June 2023.
ACG Acquisition v Norwegian Air (2020)
Represented Aircraft lessee in post-Covid leasing payments dispute which raised issued arising from restructuring of the airline.
Re Flybe Limited (2019-2020)
Appointed legal advisor to the CAA Panel issuing decision about Flybe’s operating licence, culminating in the written decision in April 2020 which was subsequently appealed to the Secretary of State for Transport.
Advising a sovereign state as to aviation implications of travel restrictions arising from COVID-19.
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 in 2020.
Re Thomas Cook Airlines (2019)
External legal adviser to the CAA in relation to issues concerning Monarch’s ATOLs and route/operating licences which culminated in the licensing decision.
Re Volare Aviation (2019)
Acting 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)
Acting as external legal adviser to the CAA in relation to issues concerning Monarch’s ATOLs and route/operating licences.
Alpstream AG v PK Airfinance & GE Capital Aviation Services (2011-2016)
Acting (with Stephen Moriarty KC) in the trial and appeal of a major Commercial Court action 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: [2013] EWHC 2370 (Comm). Appeal to the Court of Appeal: [2015] EWCA Civ 1318.
Haughey Air v AgustaWestland [2014] 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.
Recommended as a leading KC by Chambers & Partners and The Legal 500, and nominated for Banking Silk of the Year by Chambers in 2022. Rosalind has advised on various issues arising from the discontinuance of including the expected impact on long term LIBOR-referenced contracts such as the ISDA Master Agreement and LMA standard form documentation. She has 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 JPMorgan Chase [2022] EWHC 1447 (Comm) [2019] EWCA 1641
Leading the defence for JPMorgan Chase in a high-profile six week trial in 2022 of a Quincecare claim for US$875 million in relation to the operation of a depository account for the Nigerian Government. Claim arises out of an alleged fraud concerning the grant of an oil exploration licence in 1998. She also appeared for the bank at an earlier summary judgment application which went to the Court of Appeal (now a leading authority on bankers’ duties).
Allianz Global Investors GmbH v Barclays Bank Plc & Others, O’Higgins FX Class Representative Ltd v Barclays Bank Plc & Others, Phillip Evans v Barclays Bank Plc & Others
For Barclays (with Mark Hoskins KC) in a trio of high-value claims in the Commercial Court and CAT concerning alleged manipulation of FX rates and breaches of competition law.
FSHC Group Holdings v GLAS [2020] 2 WLR 429
For the Claimant (part of the Terra Firma group), with David Wolfson KC in the trial of a claim for rectification in relation to structured finance documentation, and the appeal from that decision. Now the leading recent case on rectification of commercial contracts. Rosalind has subsequently acted for several other clients in relation to rectification issues, and delivered lectures on the topic.
Ventra Investments Ltd v Bank of Scotland plc [2019] EWHC 2058 (Comm); [2017] 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 [2017] EWHC 3618 (Ch)
Acting 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)
Acting 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 [2016] EWHC 492
Acting for the Defendant in a substantial claim for damages arising from reports to credit reference agencies.
Alpstream AG v PK Airfinance & GE Capital Aviation Services (2011-2016)
Acting (with Stephen Moriarty KC) in the trial and appeal of a major Commercial Court action 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: [2013] EWHC 2370 (Comm). Appeal to the Court of Appeal: [2015] EWCA Civ 1318.
Recommended by Chambers & Partners and The Legal 500 as a leading silk, Rosalind has wide experience of applications for freezing injunctions, Norwich Pharmacal orders and related matters. She has also been heavily involved in litigation arising from alleged LIBOR rate manipulation.
Federal Republic of Nigeria v JP Morgan Chase [2019] EWCA 1641
Acting for JP Morgan Chase in a claim for US$875 million for breach of contract in relation to the operation of a depository account for the Nigerian Government. Claim arises out of an alleged fraud concerning the grant of an oil exploration licence in 1998. Court of Appeal decision is now a leading authority on bankers’ duties.
Doosan Power Systems v Uniper France Power [2017] EWHC 3410
Acting for the respondent in setting aside a without notice order obtain in relation to an on-demand bond. Appearing in substantial application to set aside the order, including on the grounds of material non-disclosure.
Orb ARL v Quest
Contested application for Norwich Pharmacal relief in December 2014.
Bitel Litigation
Acting in the Isle of Man in 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 [2011] UKPC 7). Settled during trial in 2013.
Tajik Aluminium Plant v Ermatov & Others (2005-2008)
Acting for the principal Defendants in very heavy commercial litigation involving multiple parties and allegations of fraud arising out of contracts to supply raw materials in the former Soviet Union. Appearing (led by Brian Doctor KC) in the trial of the action in the Commercial Court in October 2008 (trial settled after the first month). Also appeared in various heavy interlocutory applications including a contested application to overturn a freezing injunction ([2005] All ER (D) 250), a substantial jurisdiction application ([2006] All ER (D) 448) and an application for indemnity costs ([2006] All ER (D) 15).
Ashton Investments v OJSC Russian Aluminium (Rusal) [2007] 1 All ER (Comm) 857 [2007] 1 Lloyd’s Rep 311
Jurisdiction application concerning computer ‘hacking’.
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.
Recommended by Chambers & Partners and The Legal 500 for commercials disputes, 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.
Allianz Global Investors GmbH v Barclays Bank Plc & Others, O’Higgins FX Class Representative Ltd v Barclays Bank Plc & Others, Phillip Evans v Barclays Bank Plc & Others
For Barclays (with Mark Hoskins KC) in a trio of high-value claims in the Commercial Court and CAT concerning alleged manipulation of FX rates and breaches of competition law.
FSHC Group Holdings v GLAS [2020] 2 WLR 429
For the Claimant (part of the Terra Firma group), with David Wolfson KC in the trial of a claim for rectification in relation to structured finance documentation, and the appeal from that decision. Now the leading recent case on rectification of commercial contracts. Rosalind has subsequently acted for several other clients in relation to rectification issues, and delivered lectures on the topic.
Federal Republic of Nigeria v JP Morgan Chase [2019] EWCA 1641
For JP Morgan Chase in a claim for US$875 million for breach of contract in relation to the operation of a depository account for the Nigerian Government. Claim arises out of an alleged fraud concerning the grant of an oil exploration licence in 1998. Court of Appeal decision is now a leading authority on bankers’ duties.
Re Sargent-Disc Ltd: Entertainment Partners LLC v Sargent & Others [2019] 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 [2019] EWHC 2058 (Comm); [2017] 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 [2017] 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] EWHC 3410
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 & Teva Pharmaceuticals v CP Pharmaceuticals Limited (2015-2017)
Acting 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 [2016] 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 & GE Capital Aviation Services (2011-2016)
Acting (with Stephen Moriarty KC) in the trial and appeal of a major Commercial Court action 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: [2013] EWHC 2370 (Comm). Appeal to the Court of Appeal: [2015] EWCA Civ 1318.
Rawlinson & Hunter & 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 ([2013] EWHC 2297, appealed to Court of Appeal [2014] 4 All ER 627), an application regarding inadvertent disclosure of documents subject to privilege and PII (also appealed to the Court of Appeal; [2014] EWCA Civ 1129), and further applications regarding disclosure ([2014] 1 WLR 1476) and issue estoppel ([2013] 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 [2014] 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.
Bitel Litigation
Acting in the Isle of Man in 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 [2011] UKPC 7). Settled during trial in 2013.
Allianz Global Investors GmbH v Barclays Bank plc and others, O’ Higgins FX Class Representative Ltd v Barclays Bank plc and others, Phillip Evans v Barclays Bank plc and others
Acting for Barclays (with Mark Hoskins KC) in a trio of high-value claims in the Commercial Court and CAT concerning alleged manipulation of FX rates and breaches of competition law.
FSHC Group Holdings v GLAS [2020] 2 WLR 429
Acting for the Claimant (part of the Terra Firma group), with David Wolfson KC in the trial of a claim for rectification in relation to structured finance documentation, and the appeal from that decision.
Ventra Investments Ltd v Bank of Scotland plc [2019] EWHC 2058 (Comm); [2017] 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.
Marz Ltd v Bank of Scotland plc [2017] EWHC 3618 (Ch)
Acting 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.
Rosalind has experience of both ICC and LCIA arbitrations as counsel and is currently sitting as an arbitrator in a number of arbitrations.
Counsel for claimant in ICC arbitration concerning large shipment of zinc concentrate and associated letter of credit.
Counsel for claimant in high-value dispute concerning aircraft leasing issues arising from the Russian invasion of Ukraine.
Counsel for claimant in LCIA Arbitration of substantial leasing dispute arising from private jet services.
Acting as presiding arbitrator in an LCIA arbitration concerning a dispute about substantial fees for professional services.
Acting as presiding arbitrator in LCIA arbitration concerning a contractual dispute connected with oil and gas exploration in Eastern Europe.
Arbitrator on three-person panel (appointed by LCIA) in an arbitration concerning a very substantial credit facility agreement to finance the acquisition of a steel-making plant.
Sole arbitrator (appointed by LCIA) in contractual dispute concerning the provision of flying hours on a private jet.
She also has experience of conducting ad hoc arbitrations, including paper-only determinations, and other experience of assisting with adjudications, including for the CAA licensing panel.
Rosalind is a co-author of Thanki on Privilege.
Rawlinson & Hunter and Vincent Tchenguiz v Serious Fraud Office (2012-2014)
Acting 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. Experience includes application for third party disclosure ([2013] EWHC 2297, appealed to Court of Appeal [2014] 4 All ER 627), an application regarding inadvertent disclosure of documents subject to privilege and PII (also appealed to the Court of Appeal; [2014] EWCA Civ 1129), and further application regarding disclosure ([2014] 1 WLR 1476).
Rosalind’s experience includes actions involving accountants, solicitors, stockbrokers, architects, conveyancers, insurance brokers, surveyors and mortgage valuers.
Trimast Holding SARL v Fried Frank (2014-2016)
Acting 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 [2006] 2 AC 543 (HL)
Acting for the Law Society (led by Timothy Dutton KC) 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.
An article written by Fountain Court’s Rosalind Phelps KC, entitled ‘Does a bank…
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On 13 June 2024, the Commercial Court (Dame Clare Moulder DBE sitting…
Katie Szewczyk
Deputy Senior Clerk
+44 (0)20 7842 3710
Click here to email
Oliver Duane
Team Leader
+44 (0)20 7842 3779
Click here to email
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