No.6 Barristers - specialist legal services in Leeds, Yorkshire, UK

David Rose

David is a member of the Chancery/Commercial, and Mental Health & Court of Protection teams.

David’s unique skill is his ability to tackle the most complex legal arguments and disseminate sophisticated information for clients from all walks of life. He is equally happy tackling a public enquiry on behalf of a major company, as he is applying his legal mind to rights of way causing distress for rural residents. They feel confident in his ability and informed by his presentation; while judges recognise the strength of his argument and appreciate his clarity and comprehension of the legal case, and opponents respect the ferocity and conviction of his debate

Born and bred in Leeds, David was educated at Roundhay School, then went up to Cambridge to study Law.

He was called to the Bar in 1977 and became a pupil of Matthew Caswell at 6 Park Square in Leeds. As a tenant he has practised Chancery and Commercial cases and common law litigation. In recent years he has specialised in Property, Probate and Trust law including claims under the Inheritance (Provision for Family and Dependants) Act 1975, capacity disputes and proprietary estoppel claims.

David was a counsel in the landmark case of Hobson & Others v Ashton, Morton, Slack & Others (2006), which arose out of the Government’s Mineworkers’ Compensation Scheme. He was instrumental in the successful opposition of a Group Litigation Order by the proposed claimants. It is believed this is the only reported case of its kind to date in English law.

David has earned the respect of instructing solicitors who have praised his keen attention to detail and confident grasp of the technical elements of litigation. Indeed some have rued that they have not appreciated his expert grasp of an argument sooner. One instructing solicitor who turned to David when his previous Counsel let him down later said “Once again, may I say how impressed I am with your skeleton and I wish we could time travel backwards so I could have instructed you from the off! I shall not make the same mistake again!”

He is at his best when putting uninitiated clients at their ease yet giving them a realistic assessment of their prospects based on his vast experience of both law and the personalities who colour it. A key element of David’s practice is minimising clients’ distress and costs at all times. Making clients’ welfare paramount, he is never afraid of giving clients advice in their own best interests even when it isn’t what they want to hear. Intelligent and informed in his understanding of the law, and the cases he accepts, he is nonetheless a fearless combatant when presenting a case and has been described by one solicitor as a ‘Rottweiler’ in court.

David is a keen advocate of empowering others and has delivered a series of highly respected Continuous Professional Development seminars to solicitors under the No. 6 Seminar Programme. Candidates who have attended the courses have commented on his ability to immediately home in on the specifics of the topic, speak authoritatively and impart complicated and sophisticated material in an interesting way which holds an audience’s attention. Comments from attendees include:

“Very concise pithy summary of a complex area straddling probate/family law issues” “Excellent course, very knowledgeable speaker. Good focus on key issues.” “Well organized, well presented and pitched at the correct level.”
“Excellent comprehensive notes.”

Topics have included:

The Inheritance (Provision for Family and Dependants ) Act 1975: Problems and Solutions

The Inheritance Act: Anti-Avoidance – ‘Beating the Baddies’

Challenges to wills by beneficiaries who have not been provided for – and how to avoid those challenges

Understanding Domicile: A Guide for the uninitiated

David is more than happy to consider in-house presentations at firms where several fee earners are interested. For further details in the first instance contact David’s clerk.

Follow David on Twitter: http://www.twitter.com/DavidRose1954

Connect with David at LinkedIn: http://www.linkedin.com/pub/david-rose/38/109/336

Contact a clerk

Areas of Practice:

Chancery & Commercial

Companies

Inheritance Family Provision

Insolvency

Intellectual Property

Landlord & Tenant

Mediation (Qualified mediator - accredited by ADR Group)

Partnership

Probate

Professional Negligence

Wills & Trusts

Background:

Roundhay School, Leeds (1965-72)

Downing College, Cambridge University (1972-76)

BA (Law Tripos) 2.1 (1975)

LLB (International Law) 1st Class (1976)

MA (1979)

Elected to the title of Scholar of the College (1976)

Inns of Court School of law (Bar Finals, 1st Class) (1976-77)

Placed first overall in Bar Final Examination and awarded Certificate of Honour

Awarded Evarard ver Heyden Foundation Prize (1977) and JJ Powell Prize (1977)

Pupil of Matthew Caswell at No. 6 - 1978

Tenant at No. 6 since 1979

Areas of Speciality:

Wills & Trusts

Probate

Inheritance Act

Landlord & Tenant

Solicitor's Negligence

Surveyor's Negligence

Partnerships

Companies

Markets

Real Property Law

Group Litigation Orders

Insolvency

Inheritance Family Provision

Professional Negligence

Professional memberships and Significant Appointments:

Called to the Bar July 1977, Middle Temple

Northern Chancery Bar Association

Professional Negligence Bar Association

North Eastern Circuit

The Honourable Society of the Middle Temple

Notable cases:

Bell v Georgiou & RAF Benevolent Fund [2002] WTLR 1105: [2002] EWHC 1080 (Ch) - Rectification of Wills

Pickering v McConville (2003) EWCA Civ 554 (2003) Times Law Reports 233 - Illegality of contract - right of judge to rely on illegality where not pleaded - refusal of application for permission to call additional witness to deal with illegality

Tozer v Hargreaves Quarries (1999) (Unreported, QB) - Nuisance/Negligence - structural damage to property caused by vibrations created by quarry blasting

Hind v York Health Authority (1997) 8 MED LR 377 - Medical negligence - limitation

Pocklington v Creaser (Nos 1 & 2) (Unreported, ChD) - Lengthy and complex partnership claim plus property dispute

Clarkson v Bransford (1987) CLY 1166 - Nervous shock - escape of snake

Moss v Moss (2003) (Fam.D) Inheritance (Provision for Family and Dependants) Act 1975 Unreported - Claim by widow - short marriage

Hobson & Others v Ashton Morton Slack & Others [2006] EWHC 1134 (QB) - Contested application for a Group Litigation Order

Strydom v Vendside Limited [2009] EWHC 2130 (HC) - Contract - implied terms - disclosure of information - unconscionable bargain

Ritchie v Joslyn & Others [2009] EWHC 709 (Ch) - Probate - Testamentary Capacity - Delusions - Constructive Trust - Proprietary Estoppel

TS & S Global Ltd v Fithian-Franks & Others [2007] EWHC 1401 (Ch) - Personal Insolvency - Statutory Demand - Setting aside

O'Donoghue v Enterprise Inns Plc [2008] EWHC 2273 (Ch) - Arbitration - Setting aside Award - Property - Landlord & Tenant - Rent Review

Perriam Ltd v Wayne & Daly [2011] EWHC 403 (QB) - Landlord & Tenant - Interpretation of a Lease and Deed of Variation