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Private prosecutions – A route to justice for the charity sector
Sophie Tang
Given that arbitrations take place in private, arbitral rules are important to maintain the fairness of the process, and ensure that parties are not disadvantaged by the lack of public scrutiny that accompanies a court case. The fact that communication with the tribunal is normally open to all parties adds to the transparency of the process, and avoids any suggestion of bias.
This quarterly civil fraud update provides a summary of reported decisions handed down in the courts of England and Wales in the period of January - March 2025.
Upon discharge, a debtor is released from bankruptcy debts, and is no longer subject to a number of restrictions that apply during the period of undischarged bankruptcy.
Typically, a person's bankruptcy begins on the date the bankruptcy order is issued and continues until they are discharged (s.278 of the Insolvency Act 1986 (“IA 86”)). A debtor is automatically discharged under s.279(1) IA 86 no later than one year after the bankruptcy order is made, unless a criminal bankruptcy order has been issued (s.279(6) IA 86).
Effective communication plays a vital role in the bankruptcy process, particularly when dealing with the suspension of discharge from bankruptcy.
Much of the time, disputes about the validity of a will involve an allegation that the person who made the will (the “testator” or “testatrix”) did not have the required mental capacity to do so. Such allegations often arise in cases where the testator is elderly and is (or is suspected to be) suffering from a progressive mental illness, like Alzheimer’s disease.
The digital age has significantly transformed communication, making it faster than ever before. However, the widespread use of instant and disappearing messages, social media comments or direct messaging, and even emojis has blurred the lines of what constitutes a legally binding agreement. While many still believe a contract is only enforceable when formally signed—either physically or electronically— that is not the case.
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