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Share plans and proprietary estoppel: be careful what you promise
Samuel Sherr
In September 2015, a government commissioned panel published a review into the effectiveness of the current self-regulatory system for charity fundraising in light of recent high profile cases of malpractice. The published report details the current system of self-regulation and proposes a new approach, a sole regulator of fundraising practice established within a new co-regulation framework. The focus of the new regulator will be the fundraising practices used by and on behalf of charitable organisations.
Recent news relating to the Bar Standards Board (BSB), Financial Conduct Authority (FCA), General Dental Council (GDC), General Medical Council (GMC), General Optical Council (GOC), General Pharmaceutical Council (GPhC), Health and Care Professions Council (HCPC), Nursing and Midwifery Council (NMC) and Solicitors Regulation Authority (SRA).
The RSPCA is firmly in the limelight following criticism that the charity has a heavy-handed approach to enforcement against animal cruelty. Those who raise the hue and cry say it is impossible for them to take a measured approach given the charity’s assumed responsibilities as both investigator and prosecutor. This challenge to a hitherto respected charity raises important questions as to how such bodies should operate to ensure they at all times are, and are perceived to be, fair and proportionate prosecutors.
Private prosecutions offer an excellent legal remedy to those who do not have the support of the state prosecuting agencies to commence a prosecution. But if you fancy yourself as a would-be private prosecutor, be warned, there are significant risks associated with starting a prosecution which are motivated purely out of self-interest and as a means to blackmail or punish another.
On 17 April 2015 the High Court of Justice in Northern Ireland considered an application by the NMC to further extend an 18 month interim suspension order imposed on Nurse CN on 25 October 2012. The Court ultimately extended the Order, but the Judge commented on what future courts may require from a regulator when delays have been caused by a criminal prosecution.
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