Litigation for Charities Blog

30 September 2020

ICO enforcement action – key considerations for charities in the GDPR era

It is now more than two years since the Data Protection Act 2018 and GDPR came into force, significantly increasing the enforcement powers of the Information Commissioner’s Office (ICO). With the passing of the Act, the ICO gained the power to issue fines amounting to millions of pounds and increased powers to bring criminal prosecutions against organisations who fail to comply with the data protection regime.

Fred Allen

25 September 2020

Preventing, detecting and responding to fraud within charities

The Law Society Gazette and Third Sector recently reported that a number of charities, including Guide Dogs for the Blind Association, Yorkshire Cancer Research, the British Heart Foundation and the National Trust, issued a claim against a former solicitor, Linda Box. They claim to have been deprived of a legacy gift from a Will of which she was the co-executor. Box was sentenced to seven years in prison in 2017, having admitted to 12 offences of fraud, theft and forgery while working as a senior partner at a firm of solicitors in Wakefield, having stolen approximately £4 million. The fraud is said to have been conducted using a process known as “teeming and lading” whereby money is moved between client accounts to hide a shortfall or theft.

Katherine Pymont

11 August 2020

Charitable legacy challenges – preventing successful claims when wills include charitable bequests

Legacy disputes are on the rise and may present a significant threat to the principle of testamentary freedom. High-net-worth family advisors should therefore be alive to the risk of a legacy dispute and, where possible, ensure appropriate steps are taken to lessen the likelihood of a successful claim.
 

 

Katherine Pymont

30 April 2020

Best practice guide for charities conducting private prosecutions

The Charities Commission has recently warned that fraudsters are exploiting the spread of coronavirus (COVID-19) in order to carry out fraud and cybercrime against charities.  Unfortunately, in our experience, the likelihood of the police taking action against these individuals is low. In the current climate it is easy to understand why the use of private prosecutions is firmly on the rise. In the past, some charities have been criticised for having an overzealous approach to the conduct of their private prosecutions.  In this blog, we highlight the importance of taking a few simple steps to ensure that charities who conduct private prosecutions are beyond reproach.

Melinka Berridge

29 April 2020

How to guard against and respond to fraud in the charity sector

It has been widely reported that fraudsters are currently seeking to exploit the situation with COVID-19. Alarmingly, Action Fraud reported an increase in coronavirus related fraud by 400% in March. In this blog we outline some of the critical questions, which all charities, irrespective of size and stature, should be asking themselves to identify areas of risk and detect fraud and how to best respond if the charity has been a victim of fraud.

Ryan Mowat

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