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UK and EU mandatory environmental reporting—which entities are caught?—checklist

UK and EU mandatory environmental reporting—which entities are caught?—checklist This Checklist summarises which companies and limited liability partnerships (LLPs) are subject to the principal UK and EU mandatory environmental reporting requirements. It provides a high level summary of, and includes links to the sources for, the relevant reporting requirements. For a more detailed summary of the relevant mandatory reporting requirements, see Practice Notes: CSR, ESG and human rights reporting and initiatives and EU mandatory corporate sustainability reporting. For a summary of the voluntary reporting requirements to which many companies and LLPs choose to adhere, see Practice Notes: TCFD recommendations and other ESG reporting frameworks, standards and benchmarks and Investor group guidance on environmental, social and governance (ESG) issues. UK requirements Requirement Scope Source Strategic report to contain description of principal risks and uncertainties. All companies (other than micro and small companies).Traded LLPs and banking LLPs. Companies Act 2006 (CA 2006), CA 2006, s 414C(2)(b)Applied to traded LLPs and banking LLPs by Limited Liability Partnerships (Accounts and Audit) (Application of Companies...

Child claimants—checklist

Child claimants—checklist This Checklist outlines relevant considerations and the possible steps to follow where the victim of a personal injury claim is a child. A child is any person under the age of 18. Requirement Authority Considerations Further reading Limitation —sections 28 and 38(2) of the Limitation Act 1980 (LA 1980)—LA 1980, ss 11 and 14—LA 1980, s 11(5) —the limitation period begins to accrue from the child's 18th birthday (or the date of knowledge if later), rather than from the date of the accident—limitation period for personal injury claims is three years—in the case of death, the three-year limitation period begins to run from the date of death, or from the date of the personal representative's knowledge if later Disability, fraud, concealment and mistake—sections 28 and 32 of the Limitation Act 1980Time limits under the Limitation Act 1980—personal injury claims Litigation friend —CPR 21.2—CPR 21.4—CPR 21.5—CPR 21.6—CPR 23—CPR 21.9 —a child must have a litigation friend to conduct civil proceedings on their behalf, unless the court directs otherwise—an...

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Life of a health and safety case in Scotland—flowchart

Life of a health and safety case in Scotland—flowchart This Flowchart demonstrates how health and safety cases progress from investigation, to trial and to Fatal Accident Inquiries (FAIs) in Scotland. It should be read in conjunction with Practice Notes: • Fatal Accident

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Accidents arising from rail travel

Rail accidents occurring in the UKAn undertaker who is operating a railway under statutory authority (‘railway undertaker’) has a common law duty of care to their passengers under the Occupiers’ Liability Act 1957 (OLA 1957). This duty requires the railway undertaker, the occupier, to see that a visitor is reasonably safe using the premises for the purpose for which they were invited/permitted by the occupier to be there. See Practice Note: Occupiers’ liability claims—lawful visitors.In 1972, the House of Lords held a railway undertaker liable for a child who was electrocuted while trespassing on a railway line and this decision paved the way for the Occupiers’ Liability Act 1984 (OLA 1984).Under the OLA 1984, an occupier of premises (which would include a railway undertaker) owes a duty to another (not being its visitor) in respect of any danger due to the state of the premises, or due to things done or omitted to be done on them, if:•it is aware of the danger or has reasonable grounds to believe that...

Accidents involving motorcyclists, cyclists, emergency vehicles and learner drivers

NOTE: Major changes to the Highway Code came into force on 29 January 2022. The concept of a 'hierarchy of road users' was introduced to give vulnerable road users a greater degree of clarity over who has right of way at junctions. For further details, see News Analysis: A Highway Code for the future—visionary changes or increased risks? and The Highway Code—8 key changes from 29th January 2022.Aside from motor vehicles, there are many other types of users of the highway, including:•motorcyclists•cyclists•emergency vehicles•learner driversEach user of the highway is under a duty to take such care as is reasonable in the circumstances to ensure they do not injure their neighbour. Consideration of the leading cases for each category of road user, together with the Highway Code rules, provide practitioners with the approach taken by courts when assessing the relative culpability of the parties involved in road traffic accidents.MotorcyclistsMotorcycles can accelerate much faster than cars and they require a greater stopping distance. The combination of these two factors accounts for the...

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Publicity policy—law firms

Publicity policy—law firms 1 Introduction 1.1 Publicity in relation to our firm or any other business must be accurate and not misleading or likely to diminish the trust the public places in solicitors and the legal profession. All publicity material issued by or on behalf of [insert firm’s name] must comply with the SRA Standards and Regulations, the data protection and electronic marketing regime and other legal and regulatory obligations. 1.2 This publicity policy sets out requirements relating to publicity and information on how we will comply with those requirements. It applies to all individuals working at all levels, including partners, consultants, solicitors, other employees (whether permanent, fixed-term or temporary), contractors, trainees, seconded staff, home-workers, casual staff, agency staff, interns and students, agents, sponsors, volunteers or any other person associated with the firm wherever located (collectively referred to as ‘staff’ in this policy). 2 What is publicity? 2.1 Publicity includes, but is not limited to: 2.1.1 all promotional material and activity, including the name or description of...

Letter of instruction to costs draftsman to prepare a costs budget

Letter of instruction to costs draftsman to prepare a costs budget Dear [insert name of costs draftsman] Re: [Client’s name] Address: [Insert address] Date of Birth: [Insert date of birth] Date of Accident: [Date] You will note the proceedings served in this matter. As you aware, the case concerns [insert name of matter]. We anticipate that the likely issues in the case will be: [Insert details] 1 Incurred costs For details of incurred costs, see fee notes and file attached In brief, we have already prepared the following evidence: Expert evidence [Insert details of expert evidence] Witness evidence [Insert details of witness evidence] Counsel is acting on a [private OR CFA] basis. Relevant pre-action conduct by the other side: [Insert details] The defendants have [admitted liability OR denied liability OR failed to respond]: [Insert details]. The defendants were invited to mediate on [insert date] but [refused OR did not respond OR mediation failed]. The defendants have given the following disclosure: [insert details] The defendants...

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Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information?

Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information? This Q&A assumes that the organisation that has received the SAR is a ‘controller’ of the relevant data. For an introduction to the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime, including key data protection terms and concepts, such as ‘personal data’, 'processing', 'data subject' and ‘controller’, see: Data protection toolkit. As further explained in Practice Notes: The UK GDPR and DPA 2018 for insurers and Data subject rights—access, Article 15 of the UK GDPR gives individuals a right to obtain confirmation from a data controller as to whether or not personal data concerning them is being processed, and where it is, access to the personal data and certain further information. A request for such information is commonly known as a ‘subject access request’ (or a 'SAR' or 'DSAR'). In order to assist...

What are the implications for an insured who participates in clinical trials but fails to notify his insurers of any existing health conditions or potential changes to his health which he discovers as a result?

What are the implications for an insured who participates in clinical trials but fails to notify his insurers of any existing health conditions or potential changes to his health which he discovers as a result? The following questions potentially arise: • has there been an increase in risk which the insured is obliged to disclose during the currency of the policy? • must the information be disclosed at renewal? • does it attract the operation of an exclusion for pre-existing conditions? • has there been any non-disclosure or misrepresentation? The insured’s state of health may be relevant to a wide variety of insurance policies, including long-term policies (eg life assurance, income protection or critical illness) and short-term policies (eg private medical, accident, or travel insurance). Some policies may be fully underwritten at the outset by means of a detailed proposal form. Others may only require minimal disclosure at inception but exclude cover for pre-existing medical conditions and/or require notification of changes in the insured’s health. It is therefore...

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PI & Clinical Negligence weekly highlights—10 October 2024

This week's edition of PI & Clinical Negligence weekly highlights include a case where the High Court dismissed a claim for damages for a road traffic accident where the claimant was intoxicated on the ground at the entrance of a parking area and details of the NHS programme launched by the Department of Health and Social Care to reduce brain injury in childbirth. We also include the usual round up of other news and New Law Journal articles of interest.

Insurance & Reinsurance weekly highlights—3 October 2024

This week's edition of Insurance & Reinsurance weekly highlights includes: reinsurer loses appeal over £69m coronavirus (COVID-19) catastrophe claim; insurers set for mega-trial over ‘lost’ planes stuck in Russia; AXA XL denies US$190m claim for planes stranded in Russia; Lloyd’s says forgery sinks claim over ship struck in Ukraine; Santander, Skipton beat attempts to re-open PPI settlements; insurers forecast to take €2.1bn hit from European floods; insurance to fall as motor injury rate is cut in Scotland and NI; review of Solvency II: PRA issues statement on existing Solvency II rule waivers and modifications; BoE plans to fast-track insurance special purpose vehicles; FCA plans new measures on non-financial misconduct; EIOPA outlines work programme for 2025; EIOPA seeks views on supervision of IORPs’ liquidity risk management; cases and decisions; key dates for your diary; and other news highlights reported over the past week.