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Private prosecutions – A route to justice for the charity sector
Sophie Tang
Social media has transformed the way that we communicate, however it has opened new avenues for deception. Take, for example, the world of online dating. Catfishing is where an individual creates a false online identity to deceive someone into having a romantic relationship with them. According to a 2023 survey, a staggering 22% of UK adults had experienced catfishing. At its worst, victims can suffer profound emotional distress, betrayal and humiliation, as their trust is manipulated and their personal information exploited.
An arbitration agreement is an election by parties to have certain disputes (as defined in that agreement) determined by arbitration.
Cross-border disputes raise questions on which jurisdiction’s laws govern the determination of privilege. Under English law, the principle of lex fori applies: the law of the forum where the case is being heard applies. When proceedings are conducted in English courts, English law will determine whether communications are protected by privilege.
As alluded to in our recent article ‘Privilege in shareholder disputes – is change afoot?’, the eagerly awaited judgment of Aabar Holdings S.À.R.L v Glencore PLC has provided fresh judicial insight on the validity of the shareholder principle.
Although the shareholder principle has existed for over 135 years, remarkably the High Court has now concluded that the principle is ‘unjustifiable’ and ‘should no longer be applied’.
Officeholders often come into possession of various categories of documents and information over which legal professional privilege (in one of its many guises) may be asserted.
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