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

Inspiring the next generation of lawyers


We were delighted to be invited to Canon’s High School Careers fair last night – a great turn out from lots of others businesses and employers of all types in all sectors, and to be able to meet with young people looking to their futures and what career path they may follow. Judging by the 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

Common law marriage – the myth, the reality, the solution


The Office for National Statistics recently revealed that the number of cohabiting couples has doubled over the past 20 years, to an astounding 5.9 million; 20% of whom have no intention to marry or enter into a civil partnership in the future. Despite this substantial increase, there remains a common public misconception that cohabiting couples READ MORE

Pre and Post nuptial agreements – a few key pointers.


It has been an interesting journey for those who have entered in to pre and post nuptial agreements over the last 5 years. The law relating to Nuptial Agreements has developed following the Supreme Court decision in Radmacher – V – Granatino when it was decided that when considering the role of the Nuptial Agreement 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