David Rose

Commercial & Chancery

A major part of David’s practice relates to probate and inheritance matters, including those with an international dimension. He has a particular expertise in dealing with contentious probate cases, especially those concerning challenges to wills upon the grounds of lack of testamentary capacity and undue influence, in addition to those relating to claims against estates based upon constructive trust and proprietary estoppel arguments and cases concerning the interpretation of Wills.

Linked with his probate work is David’s equally extensive experience of claims brought under the Inheritance (Provision for Family and Dependants) Act 1975. He has dealt with a very large number of such cases, from those involving multi-million pound estates (Moss v Moss) to those which are much more modest. He is particularly experienced in dealing with mediations in such cases, both as representative of a party and as a mediator.

David has represented many clients in trust disputes, and regularly advises and assists with drafting work in non-contentious trust/proprietary estoppel cases (including applications under the Trusts of Land & Appointment of Trustees Act 1996 (TOLATA) and the Variation of Trusts Act 1958). In particular, he has dealt with many constructive trust/proprietary estoppel cases at all stages from initial advice through to contested trials.

As a trustee of a local charity David has first-hand experience of both the law and practice relevant to the operation of a charity. He has been involved in a number of cases involving charities, including those dealing with legacies, disputes relating to property and the terms of their trust deeds.

David also has extensive experience of dealing with all forms of property dispute, including those concerned with rights of way, restrictive covenants and boundaries as well as disputes relating to nuisance and property sales. He has dealt with a number of matters falling under the Party Wall, etc Act 1996. He also deals with landlord & tenant disputes relating to both commercial and agricultural property.

In commercial matters, David has represented clients in a wide range of cases concerning commercial contracts, including those with an international dimension.

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 to an application for a group litigation order (under Part 19.11 of the Civil Procedure Rules) by the proposed claimants and dealt with a number of associated cases following the initial decision as well as other cases relating to the Miners Compensation Claims.

David has wide experience in handling professional negligence cases involving issues within the scope of his Chancery & Commercial practice, in particular against solicitors, accountants and surveyors arising out of property, trust, inheritance and probate claims.. The length of his experience means that he is well placed to judge the standards reasonably to be expected of a professional. He is a member of the Professional Negligence Bar Association.

David’s real 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 all feel confident in his ability and informed by his presentation. Meanwhile, 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.

1975Downing College, Cambridge, BA (Law Tripos)

1976Downing College, Cambridge, LLB (International Law)

1977Inns of Court School of Law, Bar Finals

1979Downing College, University of Cambridge, MA

2015Leeds Beckett University, Certificate in Language & Related Studies