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NEWS
Following the UK Health Security Agency and the Met Office's yellow heat-health alert for 9 June to 12 June 2023, the Health and Safety Executive (HSE) has prompted employers to take action in protecting their employees working both inside and outside in extreme heat. There is no legal maximum temperature for workplaces but heat is considered as a hazard. The HSE are highlighting that everyone is at risk and employers should discuss changes with their workers to manage this. The HSE has put together a few measures employers can put in place including methods of reducing exposure to heat in the workplace, offering flexible working patterns, providing access to drinking water and weather appropriate protective equipment and sharing information about the symptoms of heat stress.
NEWS
The European Commission has published guidelines under the Digital Services Act (DSA) on recommended measures to Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) to mitigate systemic risks online that may impact the integrity of elections, with specific guidance for the June 2024 European Parliament elections. The DSA compels VLOPs and VLOSEs to mitigate the risks related to electoral processes, while safeguarding fundamental rights, including the right to freedom of expression. The guidelines recommend mitigation measures and best practice to reach that balance. Should the Commission receive information casting doubt on the suitability of measures adopted by VLOPs and VLOSEs, it can request further information or start formal proceedings under the DSA. Moreover, to add an additional element of readiness, the Commission plans a stress test with relevant stakeholders at the end of April 2024 to exercise the most effective use of the instruments and the cooperative mechanisms that have been put in place.
NEWS
The European Securities and Markets Authority (ESMA) has published a risk analysis article examining the systemic importance of cyber risk in EU financial markets, with a focus on measurement and stress simulation. It highlights the growing frequency and sophistication of cyber incidents and the challenges they pose for financial stability, particularly in terms of risk assessment and monitoring. The article introduces conceptual frameworks to understand how individual cyber events can become systemic, focusing on exposures, shock propagation and impact. Drawing on data from the Securities Financing Transactions Regulation (Regulation (EU) 2015/2365) (SFTR), it also underscores the role of the Digital Operational Resilience Act (DORA), which establishes a harmonised framework for digital operational resilience and a reporting regime for major information and communication technology (ICT) incidents by EU financial institutions.
NEWS
A round-up of financial services developments, including (among other things) FCA fines Nationwide £44m for inadequate anti-financial crime controls.
NEWS
A round-up of financial services developments, including (among other things) FCA launches two consultations supporting an equity consolidated tape.
PRACTICE NOTES
Sustainable management of water resources is coordinated by the government, the Environment Agency (EA), Natural Resources Wales (NRW) and water companies. Many industries rely on water abstraction to help produce their products and the pressures of droughts and floods can restrict the availability of water. Abstraction and impounding licensing aims to manage water resources by balancing sufficient supply with environmental protection. Management is increasingly significant in areas experiencing water stress (for example due to demographic pressures in South East England), and is linked with the time limiting of licences which allows the regulator to respond more effectively to climate change impacts. This Practice Note outlines the key legislative and policy framework for the regulation of water abstraction and impounding in England and Wales. It also looks at proposals to change the regime and bring it within the environmental permitting system. For information on water abstraction and impounding licence applications, determinations and enforcement, see Practice Note: Water Abstraction and impounding licences—applications and determinations. What is water abstraction Water is abstracted when surface water or groundwater is taken
NEWS
A round-up of financial services developments, including (among other things) PRA and BoE publish policy and supervisory statements on resolution reporting and disclosure.
NEWS
The Health and Safety Executive (HSE) has published its annual statistics on work-related ill health and workplace injuries for 2023—2024. The report reveals that 1.7m workers reported suffering from work-related ill health, with approximately half of these cases relating to stress, depression or anxiety. The data shows 33.7m working days were lost due to work-related ill health or injury. Additionally, 138 workers were killed in work-related accidents, while 604,000 sustained self-reported non-fatal injuries. The economic impact is significant, with the estimated annual costs of workplace injury and new cases of work-related ill health reaching £21.6b in 2022—2023, a decrease of £1.6b compared to the previous year. Despite improvements over the past 50 years, the HSE emphasises the need for continued efforts to enhance workplace safety and health across Britain
NEWS
The Solicitors Regulation Authority (SRA) has published a thematic review based on visits to 25 law firms and discussions with 36 compliance officers, examining how compliance officers for legal practice (COLPs) and finance/administration (COFAs) carry out their regulatory duties. The review found that while most firms had internal compliance controls, only one COLP could fully describe their regulatory obligations and many officers lacked clarity on reporting and record-keeping requirements. Despite 1,377 internal breach reports being available, 86% of compliance officers had not made issues known to the SRA in the preceding three years. The SRA also identified that 44% of firms did not have a deputy compliance officer and that compliance officers typically spent only around 26% of their time on compliance responsibilities, with around 52% reporting stress related to the role and limited support/resources available. The findings will inform the SRA’s ongoing consumer protection work and development of enhanced guidance and support for compliance officers.
NEWS
The European Parliament’s Committee on Employment and Social Affairs has adopted recommendations calling on the European Commission to propose legislation establishing minimum requirements to prevent and reduce work-related psychosocial risks, including stress, burnout, harassment and mental and physical disorders. The proposed legislation would impose binding duties on employers to assess psychosocial risks regularly, implement prevention and support measures, protect workers from violence and discrimination, ensure human oversight of workplace algorithms and support employees returning after related absences. It would also recognise psychosocial risks as a cause of occupational disease and presume that resulting harm is work-related unless the employer proves otherwise. The recommendations were adopted by 41 votes to 12, with 4 abstentions, and are expected to be considered by Parliament in October 2026.
NEWS
This week's edition of PI & Clinical Negligence weekly highlights includes the minutes of the Civil Procedure Rule Committee (CPRC) annual open meeting of 8 May 2025. We look at the recent Privy Council decision on unlawful detention and vicarious liability, a Court of Appeal finding that a local authority was not liable in negligence or public nuisance for injuries caused by items left by an unidentified third party and a landmark High Court ruling addressing recoverability of deputyship fees under the Fatal Accidents Act. We also bring you two new Practice Notes that provide insights into claims involving occupational stress and a new Checklist covering contributory negligence. We also feature our specialised Quantum Database and case submission Portal. In addition, we have our usual round-up of other news, cases, webinars and New Law Journal articles of interest.
PRACTICE NOTES
Forthcoming Change—fund liquidity risk management On 13 August 2026, the FCA published PS26/17, Enhancing fund liquidity risk management, setting out final rules and guidance intended to strengthen liquidity risk management for authorised fund managers (AFMs) of UK UCITS schemes and non-UCITS retail schemes (NURS). The changes include enhanced requirements and guidance on anti-dilution measures, assessment of asset liquidity and liquidity stress testing. The principal changes come into force on 1 February 2027, with certain transitional provisions applying until 1 August 2027. For more information, see Practice Note: Developments in the regulation of UK investment funds and asset management—FCA final rules on enhancing fund liquidity risk management. This Practice Note explores non-UCITS retail schemes (NURS) ie authorised collective investment schemes (CIS) that are not undertakings for collective investment in transferable securities (UCITS). It comments on their investment powers, key investor information documents (KIIDs), promotion and NURS structured as funds of alternative investment funds (FAIFs) or property authorised investment funds (PAIFs). What is a NURS? Alongside UK-authorised UCITS, NURS are another form of UK-authorised