The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
The procedure for the circumstances in which a prosecutor believes that an organisation may be in breach of a DPA is set out in paragraph 9 of Schedule 17 of the Crime and Courts Act 2013 (CCA 2013).
CCA 2013, Sch 17, para 9(1) provides that, where the prosecutor believes that the organisation has failed to comply with the terms of the DPA, the prosecutor may make an application to the Crown Court to make a finding to that effect. This creates an element of discretion to be exercised on the part of the prosecutor as to whether to institute formal proceedings for breach. As to whether the High Court has jurisdiction to entertain judicial review proceedings for the failure of the Serious Fraud Office (SFO) to enforce breach of a DPA, see the comments made obiter by Mr Justice Green, giving judgment in R (on the application of AL) v SFO, XYZ Ltd, in particular, at paragraphs  and . For further information, see Practice Note: Judicial review of prosecution decisions and News Analysis: High Court not forum for dispute linked to DPA (R (on the application of AL) v Serious Fraud Office).
If the SFO does make an application, the Crown Court must decide whether the organisation has failed to comply with the terms of the DPA on the balance
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This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
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