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Dispute Resolution Law Blog

13 August 2024

Bringing assets back into the estate: The recovery of misappropriated estate assets

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.

Cally Brosnan

8 August 2024

Nothing can be said to be certain, except death and taxes (and that dishonesty should not be alleged without proper grounds)

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. 

Jemma Brimblecombe

5 August 2024

Civil Fraud Quarterly Round-Up: Q2 2024

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.

Mary Young

5 August 2024

Increasing director accountability: The new Audit Reform and Corporate Governance Bill

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. 

Katie Allard

1 August 2024

Transparency series part six: The processing of personal data during insolvency

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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