Private Prosecution deals with the Police: Police Guidance to be revised


D Rosen I note with some concern, that on 4th February 2014, Lord Taylor of Holbeach was challenged over the issue of private prosecution deals with the Police, by the opposition front bench, during the afternoon question session in the House of Lords, as reported by the BBC: Police guidance to be revised for private READ MORE

Christmas, fraud and frugging


The excesses of the Season abound. Excess drink, excess eating, excess buying, excess partying. …and those who have, enjoy. …and those who have not, or feel they should or ought to have had more, “the I wants”, also enjoy. The “I wants”, could be individuals, and they could be organised groups or gangs. They share READ MORE

Representing yourself at court


Follow this link to a new video featuring David Rosen in which he offers valuable, practical tips if you are representing yourself at court and conducting your own advocacy. There are an increasing number of litigants in person so it is vital, not only to help individuals with no legal training or experience, but also READ MORE

Criminal Private Prosecution in Action: A Working Example


Private prosecutions It pains me to write this blogpost. Why? Where the Full Code Test is satisfied, the Crown Prosecution Service ought to prosecute. The Full Code Test consists of 2 stages, namely, the Evidential stage and the Public Policy stage. Evidential Stage: Prosecutors must be satisfied that there is sufficient evidence to provide a READ MORE

David Rosen delivers lecture to Association of Certified Fraud Examiners Conference


Professor David Rosen delivered a lecture on ‘Bringing a Private Prosecution’ to a packed audience at the 3rd Annual Fraud Conference of the Association of Certified Fraud Examiners UK Chapter held at the premises of Thomson Reuters. Other prolific speakers included Paul Moore, the HBOS Whistleblower, Michael Woodford, the Olympus Whistleblower, and the City of READ MORE

The Con Man: Part IV: A Criminal Prosecution procedure perspective


 D Rosen This is Part IV in a series on ‘The Con Man’. In part I, I gave an insight into the workings of a Confidence Fraud. In part II, I gave a sample of breaches of trust, deceit, and fraudulent misrepresentation, together with remedies in the Civil Courts of England and Wales. In part READ MORE

The Con Man: Part III


D Rosen ‘My theme is alwey oon and evere was – Radix Malorum est Cupiditas’: Pardoner’s Prologue and Tale, Chaucer. Radix Malorum est Cupiditas: Money/greed is the root of all evil. In Chaucer’s Pardoner’s Prologue and Tale, we read that the Pardoner, (someone who received money or gifts on behalf of the Church supposedly, to READ MORE

The Con Man: Part II


D Rosen In Part I, I gave an introduction to a typical Con Man, and repeat a quotation: ‘The law doesn’t quarrel with man’s inalienable right to pursue the buck. The law only questions the method and means of acquiring the elusive green’ – The Con Man (87th Precinct) (McBain, Ed) If we are being READ MORE

The Con Man – introduction to series on confidence frauds


“The basic idea is this: It’s called a ‘confidence’ game. Why? Because you give me your confidence? No. Because I give you mine”. –David Mamet, House of Games. ‘The secret of being a top notch con man, is being able to know why the mark wants, and how to make him think he’s getting it’ READ MORE

Breach of contract – the innocent party’s duty to mitigate loss


Contracts and loss mitigation Every business will enter into numerous contracts every year and in most cases, both parties will perform their part of the bargain at least satisfactorily. However, breach of contract is not an uncommon occurrence. In many business to consumer contracts, whilst incredibly annoying, as a consumer, if the seller doesn’t deliver READ MORE