David Rose

Year of call:



1975 - Downing College, Cambridge, BA (Law Tripos)

1976 - Downing College, Cambridge, LLB (International Law)

1977 - Inns of Court School of Law, Bar Finals

1979 - Downing College, University of Cambridge, MA

2015 - Leeds Beckett University, Certificate in Language & Related Studies


1978 - Pupil of Matthew Caswell at No 6, Leeds

1979 - Tenant at No 6

2015 - No 6 becomes Park Square Barristers


North Eastern Circuit

Northern Chancery Bar Association

Professional Negligence Bar Association


Trinity Bar Finals Certificate of Honour (first overall in the year)

Middle Temple, Everard ver Heyden Foundation Prize

Middle Temple, JJ Powell Prize

Middle Temple, Lloyd Scott Memorial Prize

Council of Legal Education Studentship



Ranked as a Leading Junior  for Chancery, Probate and Tax – The Legal 500 (2023)

David is an experienced practitioner who has practised from Park Square Barristers and its predecessor chambers 6 Park Square for in excess of 45 years. During that period he has developed an extensive civil practice, specialising in Chancery and Commercial cases (now Business & Property Court work).

“David is a strong negotiator with a formidable knowledge of contentious probate, trusts and Chancery matters. He is as comfortable on his feet as he is providing written advice.” – The Legal 500 (2022)

‘He is strong on paperwork and equally strong on the court hearings.’  ‘His advice is very detailed and he provides very pragmatic input.’ – Chambers and Partners (2021)

‘Very knowledgeable with broad experience. Good communicator and prompt to return papers. David is an utterly reliable source of accurate and wise analysis and advice.’ The Legal 500 (2021)

‘A senior junior with a wide range of Chancery and commercial experience.’ – The Legal 500 (2020)

‘Highly recommended for contentious probate and trusts matters.’ – The Legal 500 (2019)

Probate & Inheritance

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.

“Very experienced in contentious trust and probate work” – The Legal 500 (2017)

“Recommended for probate and inheritance matters.” – The Legal 500 (2016)

“Recommended for probate and inheritance cases, as well as TOLATA applications and commercial matters.” – The Legal 500 (2015)

“He has great attention to detail.” — The Legal 500 (2014)

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,  ranging 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 shared his experience by presenting a number of seminars on this area of law over the past few years.

Notable cases

  • Cooper v Chapman [2022] WTLR 895; [2022] EWHC 1000 (Ch) – a probate claim involving a counterclaim seeking a grant of probate for an unsigned electronic copy of a Will and the application of the legal presumption of destruction with intention to revoke where an original Will is not found after the Testator’s death.
  • Jackson v Walker (2021) (BPC Leeds) – a capacity dispute concerning the validity of gift made shortly before death and the beneficial title to money held in joint bank account.
  • Bullock v Denton & Willoughby (2020) (Leeds County Court) – a claim for reasonable financial provision by a co-habitee under the Inheritance (Provision for Family and Dependants) Act 1975 which involved issues of what constitutes a co-habiting relationship for the purposes of the Act and the appropriate criteria for establishing ‘continuous’ co-habitation for a period of 2 years.
  • Shaw v Anderson (2017) (Leeds County Court) – Probate – Application by a Court-appointed Administrator for directions relating to administration of estate where beneficiaries were in disagreement.
  • Wright v Waters [2014] EWHC 3614 (Ch) – Inheritance Act & proprietary estoppel case involving a dispute between an adult brother and sister relating to their mother’s will.  Issues included the effect of an estrangement between the testatrix and her daughter.
  • Ritchie v Joslyn & Others [2009] EWHC 709 (Ch) – (Probate; testamentary capacity; delusions; constructive trust; proprietary estoppel) – A will was overturned on the grounds that the testatrix had been suffering from delusions about her family at the time she made it.
  • Moss v Moss (2003) (Fam.D) – (Inheritance (Provision for Family and Dependants) Act 1975) – Claim by the widow involving a large estate following a short marriage (Led by Eleanor Hamilton QC, now Eleanor King LJ).
  • Bell v Georgiou & RAF Benevolent Fund [2002] WTLR 1105: [2002] EWHC 1080 (Ch) – Probate; rectification of wills – An unusual contested application to vary a will.
“I have instructed David on more cases than I can remember over the past 5 years or so, most frequently in relation to those concerning property matters, contractual issues and, in particular, trusts and contentious probate. On every occasion bar none he has, very quickly, got to the heart of the issues and given practical, clear advice that is appreciated and easily understood by clients…..and myself for that matter!  He is without fail the first person I think of when my clients need specialist advice in any of the above areas.”​ (Daniel Edwards, Lupton Fawcett Solicitors)

Trusts & TOLATA

David Rose has represented many clients in trust disputes in a wide range of 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. He also regularly advises and assists with drafting work in non-contentious trust matters.

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

Property disputes

David Rose 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.

Notable cases

  • Shoaib v Mangera (2017) (Burnley County Court) – a dispute arising out of a joint property venture which involved the enforcement of a promissory note and recovery of debt.
  • Akhtar v Rodger & Foster [2012] EWHC 2963 (Ch) -A landlord & tenant dispute involving an issue as to the true identity of the tenant and the effect of an LPA receivership.
  • Yorkshire Dance v West Park Properties Limited (2012, TCC) – A claim arising out of a contract of compromise of underlying proceedings relating to boundary issues and party-wall proceedings (undermining of foundations). The issues also include the manner of enforcement of an earlier Tomlin Order and frustration of the contract compromise.
  • Perriam Ltd v Wayne & Daly [2011] EWHC 403 (QB) – Interpretation of a lease and deed of variation (case involving a landlord & tenant).
  • O’Donoghue v Enterprise Inns plc [2008] EWHC 2273 (Ch) – Setting-aside of an arbitration award in a property rent review involving a landlord & tenant.
  • Tozer v Hargreaves Quarries (1999) (Unreported, QB) – Structural damage to property allegedly caused by vibrations created by quarry blasting (nuisance/negligence).
  • Pocklington v Creaser (Nos 1 & 2) (Unreported, ChD) – A lengthy and complex partnership claim and associated property dispute.

Contracts & commercial

In commercial matters, David Rose has represented clients in a wide range of cases concerning commercial contracts, including those with an international dimension. He has also dealt with many disputes between business partners, including partnership dissolution and claims for relief under the ‘unfair prejudice’ provisions of the Companies Act.

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 Schemes. 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 a number of proposed claimants and dealt with a further associated cases following the initial decision as well as other cases relating to the Miners Compensation Claims Schemes.

Notable Cases

  • Financial Conduct Authority v Avacade & Others [2019] EWHC 1961 (Ch) – Claims by the Financial Conduct Authority pursuant to the Financial Services & Markets Act 2000. This was in interim application by the defendants to stay the proceedings due to medical reasons and involved consideration of the appropriate criteria to be applied.
  • Strydom v Vendside Limited [2009] EWHC 2130 (HC) – Issues involved implied contract terms, disclosure of information and unconscionable bargain.
  • TS & S Global Ltd v Fithian-Franks & Others [2007] EWHC 1401 (Ch) – A personal insolvency concerning the settling aside of a statutory demand.
  • Hobson & Others v Ashton Morton Slack & Others [2006] EWHC 1134 (QB) – An application for a group litigation order relating to claims handling contracts between individual miners and a trade union.
  • Pickering v McConville EWCA Civ 554 (2003) Times Law Reports 233 – A dispute concerning illegality of contract and the right of the judge to rely on illegality where it had not pleaded. The case also included a refusal of an application for permission to call additional witness to deal with illegality.
  • Pocklington v Creaser (Nos 1 & 2) (Unreported, ChD) – A lengthy and complex partnership claim and associated property dispute.

Court of Protection

David Rose has experience of dealing with applications in the Court of Protection (both in its current form and in its earlier incarnation) relating to the property and affairs of protected persons. He also has experience of cases involving trusts (including discretionary trusts) established for the benefit of such persons.

Professional Negligence

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. in such contexts.

“He has great attention to detail.” — The Legal 500 (2014)


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 claim 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, whilst opponents respect the ferocity and conviction of his debate.

He 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 not having appreciated his expert grasp of an argument sooner. One instructing solicitor turned to David when his previous counsel let him down and commented, “Once again, may I say how impressed I am with your skeleton argument, and I wish we could travel back in time so I could have instructed you from the off. I shall not make the same mistake again!”

David is at his best when putting uninitiated clients at their ease, yet providing a realistic assessment of their prospects based on his vast experience of both the law and the personalities who colour it. His key objective is minimising clients’ distress and costs at all times. Making clients’ welfare paramount, he is never afraid of providing the advice which is in his clients’ 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, David is nonetheless a fearless combatant when presenting a case and has been described by one solicitor as being a ‘rottweiler’ in court.

Seminars & training

David is happy to deliver training and his input is always well-received. Past feedback comments 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-organised, well-presented and pitched at the correct level”; and “Excellent comprehensive notes.” 

David has presented several seminars dealing with the Inheritance Act, including ‘The Inheritance Act: Anti-Avoidance – Beating the Baddies.’ His article ‘A Question of Capacity’ (Leeds & Yorkshire Lawyer, Issue 91) attracted favourable comments from many solicitors.

Public Access

David may accept Public Access work, where he can be instructed directly by a member of the public rather than a solicitor.

Contact David’s clerks

Senior Clerk – Andy Reeves on 0113 213 5252

Talia Webster on 0113 202 8609

Joshua Duree on 0113 213 5246

Mike Alexander on 0113 2135268

Ben Ellison-Tope on 0113 2135207

You can follow David’s Blog here.

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