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Private prosecutions – A route to justice for the charity sector
Sophie Tang
There are an increasing number of cases before the courts concerning the misappropriation of estate assets. Typically, this involves assets being misappropriated by a beneficiary, family member, or personal representative following death, but may also concern assets which were misappropriated during the deceased’s lifetime.
It is a long-standing principle that fraud or dishonesty should not be alleged without proper grounds. Particular care needs to be taken by claimants to carefully assess the words used which are alleged to amount to a misrepresentation, and to differentiate between statements of opinion and fact to ensure that the claim is properly thought out and pleaded. Failure to do so may have serious consequences for a claim, and result in liability for costs.
This quarterly civil fraud update provides a summary of reported decisions handed down in the courts of England and Wales in the period of April - June 2023.
Earlier this month, King Charles III opened the first session of the new parliament by outlining the Labour government’s priorities. Among these was the much-anticipated draft Audit Reform and Corporate Governance Bill. It has been six years since Sir John Kingman delivered his independent review of the Financial Reporting Council (FRC), and the call for robust audit reform has remained strong.
Our series focused on privacy and transparency considers issues encountered by practitioners across a range of different dispute resolution specialities. This article provides a reminder for Insolvency Practitioners about their obligations when processing personal data.
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