https://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blogKohanaPHPKatherine Pymonthttps://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/charity-trustees-know-your-dutiesThu, 03 Feb 2022 00:00:00 +0000It is has recently been widely published in the mainstream media that Naomi Campbell’s Fashion for Relief charity is currently subject to an ongoing investigation by the Charity Commission for trustees alleged breach of duties. Whilst action against charity trustees is rare it is important to be aware of the legal duties and responsibilities associated with the role and the risk of action taken by the Charity Commission or by the courts.https://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/charity-trustees-know-your-dutiesKatie Allardhttps://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/covid-19-and-its-impact-on-charity-fraudThu, 03 Feb 2022 00:00:00 +0000It is now two years since the first case of COVID-19 was reported, and the virus still continues to have a devastating impact around the world. As history shows us all too well, such times of crisis and economic downturn provide fertile ground for fraudsters and criminal opportunists. The current pandemic is no exception. From bogus COVID-19 cures to phishing emails and phony websites, scammers are taking advantage of peoples' fears as the pandemic persists. Unfortunately, the past few months have also seen a stark increase in instances of fraud against charities.https://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/covid-19-and-its-impact-on-charity-fraudEmily Carter and Phoebe Alexanderhttps://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/data-protection-reform-a-new-direction-for-charitiesThu, 03 Feb 2022 00:00:00 +0000Following the UK’s departure from the EU, the Government wishes to reform the data protection legislation within this country in order to ‘unlock the power of data.’ For charities, does this mean the painful prospect of reworking their existing GDPR compliance regime or the promise of a lighter regulatory load? https://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/data-protection-reform-a-new-direction-for-charitiesSameera Abdulrehmanhttps://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/data-subject-access-requests-the-dos-and-donts-for-charitable-organisationsWed, 28 Jul 2021 00:00:00 +0100A Data Subject Access Request, or DSAR, is any request made by an individual for their own personal data. While they are quick and easy for an individual to make, many long hours and significant resources from your organisation will be needed in order to properly respond.https://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/data-subject-access-requests-the-dos-and-donts-for-charitable-organisationsCaroline Dayhttps://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/charities-and-internal-investigationsFri, 23 Jul 2021 00:00:00 +0100Charities are not immune to financial crime, fraud or other wrong-doing; there are a number of ways in which charities may be exploited by criminals. https://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/charities-and-internal-investigationsHelen Morrishttps://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/when-charities-are-under-the-media-spotlight-how-is-reputation-best-protectedFri, 23 Jul 2021 00:00:00 +0100With charities under unprecedented media interest in recent years, the consequences of not dealing with reputation matters well are myriad. Negative press coverage threatens the faith that the public have in a charity which can result in a significant downturn in donations and affect recruitment and morale. Any charity’s reputation once damaged can be difficult to restore. The resources a charity must commit to responding to media enquiries and to any regulatory inquiry can be significant and is time spent away from pursuing the objectives of the charity.https://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/when-charities-are-under-the-media-spotlight-how-is-reputation-best-protectedEmma Fowler and Catherine Bournehttps://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/best-practice-guide-for-charities-responding-to-illegal-working-civil-penalty-information-requestsWed, 10 Mar 2021 00:00:00 +0000Recent years have brought severe challenges to all organisations, including those in the charitable sector. Be that on a dramatic hit to donation levels, resourcing issues through furloughing or redundancies and difficulties in delivering programmes and training.  In a battle to survive and deliver on core services, it is easier than ever to forget crucial internal risk and compliance processes. https://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/best-practice-guide-for-charities-responding-to-illegal-working-civil-penalty-information-requestsNicola Finnertyhttps://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/the-risks-and-penalties-of-money-laundering-for-charities-and-how-to-guard-against-itThu, 04 Mar 2021 00:00:00 +0000Money launderers will look for any opportunity to take advantage of organisations with weak financial controls in order to launder their ill-gotten gains. Charities, trustees, employees and volunteers who knowingly or unwittingly assist money launderers, or who fail to report suspicions, may commit a criminal offence and find themselves liable to prosecution. https://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/the-risks-and-penalties-of-money-laundering-for-charities-and-how-to-guard-against-itFred Allenhttps://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/ico-enforcement-action-key-considerations-for-charities-in-the-gdpr-eraWed, 30 Sep 2020 00:00:00 +0100It 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.https://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/ico-enforcement-action-key-considerations-for-charities-in-the-gdpr-eraKatherine Pymonthttps://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/preventing-detecting-and-responding-to-fraud-within-charitiesFri, 25 Sep 2020 00:00:00 +0100The 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.https://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/preventing-detecting-and-responding-to-fraud-within-charitiesKatherine Pymonthttps://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/charitable-legacy-challenges-preventing-successful-claims-when-wills-include-charitable-bequestsTue, 11 Aug 2020 00:00:00 +0100Legacy 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.    https://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/charitable-legacy-challenges-preventing-successful-claims-when-wills-include-charitable-bequestsMelinka Berridge and Shannett Thompsonhttps://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/best-practice-guide-for-charities-conducting-private-prosecutionsThu, 30 Apr 2020 00:00:00 +0100The 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.https://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/best-practice-guide-for-charities-conducting-private-prosecutionsRyan Mowat and Katherine Pymonthttps://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/how-to-guard-against-and-respond-to-fraud-in-the-charity-sectorWed, 29 Apr 2020 00:00:00 +0100It 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.https://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/how-to-guard-against-and-respond-to-fraud-in-the-charity-sectorKatherine Pymonthttps://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/insider-fraud-in-charities-prevention-is-better-than-cureTue, 15 May 2018 00:00:00 +0100The Charity Commission for England and Wales has published a report outlining its findings into how insider fraud, namely fraud committed by a trustee, staff member or volunteer, is affecting charities. https://www.kingsleynapley.co.uk/insights/blogs/litigation-for-charities-blog/insider-fraud-in-charities-prevention-is-better-than-cure