David Rosen selected as Super Lawyer 2014


PRESS RELEASE: Professor David Rosen, head of Litigation at Darlingtons Solicitors LLP, associate Professor of Law at Brunel University and Certified Fraud Examiner, has been included on the London Super Lawyers list, for 2014 in the fields of Commercial Litigation and Fraud. This is the second year now that he has been selected. Super Lawyers READ MORE

Fraud or dishonesty at work – employer options


D Rosen This blogpost presumes that the reader is someone within an organisation who is an owner, or in a position of responsibility. Firstly, how does your business define ‘fraud’? Some businesses adopt the case law interpretation as set out in Derry v Peek [1889] LR 14 App Cas 337. Other businesses have their own READ MORE

Profiling Fraudsters


D Rosen  Q to James Bond  “…I can do more damage on my laptop sitting in my pyjamas before my first Earl Grey…” Skyfall I was inspired to write this blogpost, following my reading of ‘Countering fraud for competitive advantage, the professional approach to reducing the last great hidden cost’ (Button and Gee 2013).  I READ MORE

David Rosen quoted as expert on private prosecutions by The Independent


David was approached by the Independent newspaper and asked for his expert comments on the important and growing phenomenon of private criminal prosecutions in England & Wales. You can read the full article here. Alternatively, see below. If you have any questions about the law, process or advisability of a private criminal prosecution, please do READ MORE

Complex Commercial Fraud: Tracing and Following: Pens, Rulers, and Motorbikes


D Rosen  I read recently, a fascinating chapter of ‘Commercial Fraud in Civil Practice’ by McGrath QC, 2014, relating to Tracing. Let me start by saying I am a firm believer that a proprietary claim, leads to proprietary relief, in the absence of any clarity that it arises from a claim of unjust enrichment.  Tracing READ MORE

How to avoid a breach of contract situation


It is important to have an agreement / contract in place to ensure all parties are aware of their obligations under the agreement but also to legislate for what happens if one party breaches the agreement. Get the right contract and act consistently Before considering remedies, it’s important to reflect on the topic generally. Whilst READ MORE

Divorce – business assets entitlement and dividing assets


Business assets on divorce Sorting out financial entitlements on divorce can be complex and contentious especially where one spouse has business assets or there is a family business. Entitlement to business assets The difficulty often arises because the spouse that owns business assets will be well informed that the non-owning spouse will be able to READ MORE

Lies on employee cv – what to do


Inaccurate or deliberately false career history and academic qualifications are problem employers underestimate at their peril. The figures on this are disturbing and quite staggering since, with research indicating that over half of CVs contain lies or inaccuracies which can range from gaps in employment history to false claims regarding qualifications and failure to mention READ MORE

Growing your business – private investment advantages and pitfalls


Private equity and investment legal advice For businesses requiring additional finance, venture capital (also known as private equity finance) may be an attractive option. It may be that you have sought but can’t obtain bank finance, perhaps you are looking for experienced investors in a specialist business, you may be looking to push through a READ MORE

Buying a business – practical considerations


Buying other businesses to grow your own is an attractive proposition in many ways and for many reasons, especially if the strategy includes buying competitors. However, any merger or acquisition is inherently complex for reasons outside of the strict financial logic and benefits. Among many issues to consider are :- READ MORE