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Private prosecutions – A route to justice for the charity sector
Sophie Tang
Unexplained Wealth Orders (UWOs), first ratified in the Criminal Finances Act of April last year, are now in force meaning UK law enforcement agencies have a new tool at their disposal to help fight organised crime. Media reports have cited 'fishy millionaires', the wealth of corrupt overseas politicians and the properties of oligarchs as the intended targets. In practice however UWOs can be applied to any asset over £50,000 where there are reasonable grounds for suspecting dirty money is involved. Accountants, tax advisers and private wealth managers therefore need to understand how UWOs work and why their clients, innocent or otherwise, might be at risk.
For many of those affected by crime, reporting the offence to the police or even securing the conviction of the perpetrator can fall short of remedying the damage sustained. It may be that the injury and trauma are so severe that additional funding is required for medical care, household adjustments, or even future therapy.
The Kingsley Napley International Conference 2018 held a panel debate on “Considering corporate liability for human rights abuses and international crimes, now and in the future.” Read the first in our series of follow up blogs from panellist Richard Karmel.
A number of recent cases have adopted a narrow approach to the question of whether legal professional privilege can be claimed over documents created in the course of internal investigations (see in particular SFO v ENRC [2017] 1 WLR 4205, The RBS Rights Issue Litigation [2016] EWHC 3161 (Ch) and PAG v RBS (No 3) [2015] EWHC 3341 (Ch)).
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