Blog
Private prosecutions – A route to justice for the charity sector
Sophie Tang
5 December 2025
“But you gave it to me” – Is there a way to ungive a gift?
We sometimes receive enquiries from people asking whether it is possible to challenge a gift which has been made previously.
Of course, giving someone a ‘lifetime gift’ (i.e. where money or assets are given away during a person’s lifetime) can be an efficient estate planning mechanism but, may be subject to challenge if the donor lacked the capacity to make an informed choice or, has been unduly influenced into making a gift.
We usually see this within the scope of a gift of money or a property, but similar principals apply to collectables and other chattels.
3 December 2025
Victims of Fraud Series Part 4: Tracing issues in crypto assets cases
Claims involving digital assets (including crypto assets) have become relatively common in the English Courts over the last five years and, as a result, the main areas of disagreement between the parties to those disputes are starting to emerge. A major theme is the methodology that should be applied to the tracing and following of digital assets.
1 December 2025
It was all a sham
Assets are typically placed in a trust for legitimate purposes, such as safeguarding wealth for future generations. However, arguments that a trust is in fact a “sham” created to hide the true ownership of assets often arise in the context of divorce litigation, bankruptcy/insolvency where a creditor seeks to argue that a trust is a pretence seeking to shield assets from creditors, or in estate disputes, where beneficiaries look to bring assets of the deceased back into an estate.
27 November 2025
Victims of Fraud Series Part 3: “What can I do if the fraudster has disappeared?” - Persons Unknown Injunctions
Where the identity of a person or group of people responsible for a fraud is not known, the courts have recognised that it may be appropriate in certain circumstances to allow a claimant to issue proceedings and obtain an injunction (both interim and final) against such individuals. These injunctions are referred to as “persons unknown injunctions” and they have become increasingly prominent in recent years.
26 November 2025
Landmark High Court ruling confirms availability of civil remedies for criminally sanctioned Companies Act breaches
Kingsley Napley is pleased to have acted for the successful claimants in proceedings before the High Court. The decision addresses a long-standing uncertainty in company law: if a provision of the Companies Act 2006 (“CA 06”) carries a criminal penalty for breach, does that mean no civil remedy is available? The court’s ruling sheds light on how such provisions should be understood and what consequences companies and directors may face when compliance falls short.
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