The Rosen Series of Lectures - Term 2

THE ROSEN LECTURES: TERM 2

THE SECOND THREE SESSION COURSES IN LUNCHTIME BREAKS IN JANUARY 2025 GIVEN INTERNALLY TO STUDENTS AND STAFF, AND TO APPEAL TO PARA-LEGALS, TRAINEE SOLICITORS, AND 1 TO 3 YEAR POST-QUALIFICATION EXPERIENCE ON THE FOLLOWING TOPICS (A) INVESTIGATIVE DISCOURSE ANALYSIS. (B) INTERVIEWING TECHNIQUES AND NON-VERBAL COMMUNICATIONS. (C) DRAFTING A WITNESS STATEMENT COMPLIANT WITH THE CIVIL PROCEDURE RULES 1998.

1. A.     Overview:

• Although we live in an ever-changing world of AI and technology, the skills required to present a case, and to persuade a Judge, have yet to change, whether attending courts and tribunals in person, or remotely. Similarly, the ability to interact with another person, to understand their needs and requirements, and to assist in the drafting of a good witness statement still demands and requires a degree of formality, and attention to the tone and contents befitting both the writer, whom the writer represents, and the receiver of such communications, whist having regard to legal ethics, regulatory requirements, expectations of a court, and the law generally.

• The course is led by Professor David Rosen, Professor of Professional Practice at the Brunel University of London Law School, and a solicitor-advocate with higher rights of audience (all proceedings), and principal of David Rosen & Co, of Lincoln’s Inn Fields. Professor Rosen shares his experience in private practice with over 25 years’ of post-qualification experience having appeared in some of the largest cases in English legal history, including acting for Lady Heather Mills McCartney in her contested financial divorce with Sir Paul McCartney (legendary of the Beetles), and having been a key advocate in the $2bn fraud case brought in the King’s Bench Division of the High Court of Justice, by the Kingdom of Denmark Customs & Excise, Skaterforvoltningen.

1. B.     Format:

• Three, Two-hour seminars to attend either in person, or remotely at Brunel University of London during a Wednesday lunch hour between 1200h and 1400h on:

19^th February, Investigative Discourse Analysis.

26^th February, Interviewing Techniques, and non-verbal communications.

5^th March, Drafting and Ethics constructing a witness statement compliant with the Civil Procedure Rules 1998.

1. C.     Audience:

• Legal Practitioners: 1 to 3 years qualified, in-house or in practice.
• Trainee Solicitors, and para-legals.
• Academia: students and academics.

1. D.    Learning Objectives:

• To complement and place into perspective what is being learnt at university, and in the early years of training and practice, applying presentation of law and facts, within the boundaries of the SRA regulations Codes of Conduct, the rule of Law, and expectations of the Court.

• To test the plausibility of evidence. To better prepare what is presented to the courts, and how that information is perceived.

1. E.     INDICATIVE AGENDA:

 Presenter Biography:

The course is designed, led and presented by Professor David Rosen, LL B (Hons), CFE, Solicitor-Advocate Higher Rights of Audience (All Proceedings), PgCert Counter-Fraud and Counter Corruption, PgCert International Relations Espionage and Surveillance.

Prof. Rosen was educated at the City of London School for boys, and then graduated from Brunel University in 1995, completing his Legal Practice Court in 1996, training contract in 1998, and qualifying as a solicitor in 1999. He was for 17 years, a partner and head of litigation at a medium size law firm, before starting his own law firm specializing in commercial litigation, criminal and commercial counter-fraud and counter-corruption, with advocacy in all courts at all levels. Mediation, reputation management, privacy, family law and finance.

Some of his reported case spanning over 25 years are as follows:

Re. M (Residence Order) [2007] ALL ER (D) 315 (Feb)

Family Proceedings – Care Proceedings in respect of a child in foster care. On Appeal, magistrates had applied the wrong test when considering to join foster carers to main care proceedings. Parliament deemed it appropriate that foster carers should be entitled to make an application for a residence order, the child having been in the foster carer’s care for over 1 year.

Langbar International v Rybak & Ors Ch. Div HC06C00717

Consulted and retained as adviser to former Mossad Agent. Dr. Abraham Arad Hochman (Fraud, Deceit)

Paul McCartney v Heather Mills McCartney Family Division [2008] EWHC 401 (Fam) Retained as McKenzie friend to Lady Heather Mills McCartney (Matrimonial, Financial)

Mills McCartney v McCartney [2008] CA (Matrimonial, Privacy)

Greenshores v Duncan Andrews & Ors [2013] EWHC 3399 QB (Disclosure in Freezing Injunctions)

Ecclestone v Elite Motors [2014] EWHC 29 (QB) (Nemo Dat Quod non Habet, third party rights)

American Express Services Europe Limited v Talib Jafar K Al-Shabrakah [2015] EWHC 3004 (QB) (Contractual dispute, fraud)

Renee Wasserman v Laurence Freilich [2016] EWHC 312 (QB) (Defamation)

Skatterforvaltningen v Solo Capital Partners LLP [2020] EWHC 2022 (Comm) A claim brought by the Danish Customs & Excise to reclaim Witholding Tax worth in the region of $2 billion USD

Serious Fraud Office v Litigation Capital Limited & Ors [2020] EWHC 2077 (Comm) A complex fraud and asset tracing claim.

Skatterforvaltningen v Solo Capital Partners LLP and many others [2021] EWHC 974 (Comm) upholding the Revenue Rule against SKAT as an attempt to seek to enforce the revenue laws Denmark contrary to Dicey's Rule 3.