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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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Letter to witness

Letter to witness Our Client: [name of claimant or defendant] Accident on [date]. We are instructed by [name of claimant or defendant] We understand that you were a witness to the above accident or that you may be able to clarify some matters relating to it. Please can you let us have full

Letter advising expert of forthcoming case management conference and asking for details for costs budgeting and timetabling

Letter advising expert of forthcoming case management conference and asking for details for costs budgeting and timetabling Dear [Insert] Re: [Insert name of client] Thank you for agreeing to report on this case. Your role in the litigation: We have assumed that your report will be limited to (insert) Documentation: We have assumed that you will be required to review [insert detail] There is a forthcoming case management and budgeting conference in this matter and we require confirmation from you as to the costs that you have incurred to date and likely future costs. In making this request we have made the following assumptions about the work that will need to be carried out in future in the case: • [insert] — Examination of Claimant — Re-examination — Conference with Counsel — Joint meeting with the [Claimant’s OR Defendant’s] expert(s) — Oral evidence at trial We would be grateful therefore if you could please provide the following information: [Delete as applicable] 1 Details of your fees...

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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 is motor vehicle or road traffic accident insurance?

What is motor vehicle or road traffic accident insurance? In the UK, motor insurance is a mandatory insurance policy for any vehicle owner or driver unless the vehicle is declared as off the road. There are heavy penalties, both civil and criminal, for uninsured drivers (who are caught). The mandatory insurance regime is intended to protect the general public (including pedestrians and other non-vehicle users) against personal injury and damage caused in a road traffic accident. Types of motor insurance policies The motor insurance market is split into three main types of insurance: third-party only; third-party fire and theft; and comprehensive policies: • third-party only policies provide the minimum level of cover required by the law, namely the Road Traffic Act 1988 (RTA 1988). RTA 1988 mandates that motor insurance must at the very least cover the risk of death, personal injury or property damage to third parties caused by the insured vehicle • third-party fire and theft provides third-party cover as described above but in addition...

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MoJ publishes response to consultation on road traffic accident claims

The Ministry of Justice (MoJ) has published its response to the consultation on 'Revisions to the Medical Reporting Process for Road Traffic Accident Claims'. Published on 16 December 2024, the document outlines stakeholder feedback on proposed changes to qualifying criteria for medical reporting organisations, rules for direct medical experts, and the MedCo Portal's 'offer' system. The consultation also addressed the oversight of administration agencies, fixed recoverable costs for medical reports and measures to enhance report quality. The government has considered the 49 responses received from various sectors and will detail its decisions and implementation plans for each proposal in the full response document.

European Commission releases December 2024 infringement package

The European Commission has published the December 2024 infringement package, which sets out the EU Member States the Commission is taking action against for failing to comply with their obligations under EU law. The December 2024 infringement includes letters of formal notice to Sweden for failure to comply with the Water Framework Directive and Bulgaria for not complying with the Directive on public procurement and the Digital Services Act. Reasoned opinions were issued to Poland in relation to the Bathing Water Directive, Croatia, Poland, Slovenia and Sweden for their failure to transpose the EU Blue Card Directive, and Sweden for not fully transposing the Corporate Sustainability Reporting Directive into national laws. The UK has been referred to the Court of Justice for not complying with EU law on free movement of EU citizens and their family members at the end of 2020 and for failing to terminate the Bilateral Investment Treaties still in force with Bulgaria, the Czech Republic, Croatia, Lithuania, Poland and Slovenia.