Film fraud, tax avoidance, footballers, and retrospective legislation


D Rosen 1. Tax relief to investors in the British film industry: Some years ago, the Treasury opted to attract investors into the British film industry by offering tax relief to offset losses by investors against other tax liabilities. Such tax schemes also attracted a number of opportunists to exploit such tax advantages by appearing READ MORE

Sham Marriages


D Rosen What is a sham marriage? A sham marriage, or a paper marriage, or a marriage of convenience, is when two people give the impression they want to live permanently together in a marriage or civil partnership, when this is not true. They are not in a real relationship. The apparent relationship can be READ MORE

Top tips for tackling the tough divorce process


Whilst it is hoped that married couples may divorce amicably, in practice, it can be far from a friendly split. In my experience, being a divorce lawyer is not simply knowing the law; it’s also knowing and understanding clients and the emotional turbulence that invariably interferes with the divorce process. I frequently remind my clients READ MORE

Domestic violence legal advice


D Rosen A fresh report published this morning by the charity ‘Safe Lives’, has produced the following findings: 85% of people who suffer domestic violence, suffer on average 50 incidents over a period of three years before doing something about it. 23% of victims have been to Accident and Emergency with injuries. Professionals miss an READ MORE

Money sent in full and final settlement – what if it’s not the full amount?


Let us postulate that there is a dispute between two parties, and one wants to settle by sending a cheque being an amount he feels is sufficient to compromise the dispute between them. Is that enough to settle a matter? Was there a letter with the cheque? If so, what did it say? Did you READ MORE

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