Disputes

Given the diversity of activities in which charities and not for profit organisations are involved, it is perhaps inevitable that disputes arise on occasion. When this happens, our expertise guides organisations through the process to a successful, and cost-effective, conclusion. In doing this, we are aware of the factors which can be of particular importance for charities or not for profit organisations, such as protecting your reputation. We advise on the risks involved in bringing or defending claims and the potential liability for the organisation. We also have experience of facilitating solutions to internal disputes.

Disputes can arise in any number of areas, including employment, intellectual property or disputes arising from dealings with the regulators, such as Charity Commission inquiries. Some other examples are:

  • Probate disputes – This may be where a legacy left by will to a not for profit organisation is challenged or where it has a claim under an estate.
  • Public law – Not for profit organisations are increasingly bringing actions for judicial review to challenge decisions of public bodies, and in some cases they can be subject to such proceedings themselves. Human rights are also playing a greater role in the charities sphere, with charities claiming such rights for their beneficiaries or having court actions brought against them.
  • Fraud – Sadly, charities and not for profit organisations can be the victims of fraud, for example by a senior employee absconding with the organisation’s funds. Such cases typically require prompt action and careful investigation, to trace assets and locate crucial witnesses, as well as experience of liaising with the police and regulators.

In all cases, we have the skill and knowledge to give practical advice on the appropriate action for your organisation, with a thorough grounding in the aspects of litigation and mediation which are particular to charities, such as the role of the Attorney General and the Charity Commission and, now, the Charity Tribunal.

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