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4 August 2016
The Governance Academy looks at new litigation guidance for trusteesThe Charity Commission has produced new litigation guidance which includes a clear 16 point checklist for trustees to consider before even thinking about litigation.
Remember: "Trustees have a general duty to act in the best interests of their charity" and "The decision whether or not to initiate or defend a legal action must only be made in the best interests of the charity and be balanced against the risks and consequences that any legal action could bring".
Importantly, the guidance suggests alternatives to litigation including negotiation and mediation.
The Governance Academy advises any charity considering litigation to read this guidance and then to seek advice from a charity law solicitor.
Finally, in most case, it will not be best to see anybody in court!