Page 209 - Demo

TYPE OF CLAIM
UNINCORPORATED
INCORPORATED
INSURANCE
Civil claim e.g. negligence, personal injury, breach of statutory duty, employment related, contractual
Trustees are personally liable
on a joint and several basis, but
in most cases they are entitled to be indemni ed out of the assets of the charity (provided they are suf cient to cover the claim)
Trustees are not personally liable, claim is brought directly against the charity itself
Liability for civil claims
is normally covered by insurance e.g. Employers’ Liability Insurance, Public Liability Insurance etc.
Criminal claim e.g. prosecution for criminal offences, regulatory breaches and health and safety offences
Trustees who are responsible for or complicit in the incident (or who should have had responsibility) may be prosecuted. Individual employees/members of the religious institute may also be liable. Fines imposed cannot be paid from the charity’s assets
Prosecution can be against the charity itself, the trustees who are responsible for or complicit in the incident (or who should have had responsibility). Individual employees/ members of the religious institute may also be liable
Legal costs of defending successful claims may be covered by insurance. Fines resulting from prosecutions would not be covered by insurance
As an example in relation to potential criminal proceedings, Section 91 of the Health and Social Care Act 2008 provides:
“If the offence is proved to have been committed by, or with the consent or connivance of, or to be attributable to any neglect on the part of: (a) any director, manager or secretary of the body corporate; or (b) any person who was purporting to act as such (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.”
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