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PRACTICE NOTES
This Practice Note outlines the procedure for bringing a mesothelioma claim, distinguishing between the different rules for ‘living’ or ‘fatal’ mesothelioma claims. The courts will fast track living cases because mesothelioma victims have a short life expectancy. The Practice Note considers Practice Direction 49B including the show cause procedure which aims to speed up the litigation process for this type of claim, the Asbestos List which operates within the Royal Courts of Justice and the Compensation Act 2006 and causation issues including what asbestos exposure constitutes a material increase in risk. The Pre-Action Protocol for Disease and Illness Claims The Pre-Action Protocol for Disease and Illness Claims applies to all personal injury claims where the injury is not the result of an accident but instead a disease or illness. For further guidance on the Protocol, see Practice Note: The Pre-Action Protocol for Disease and Illness Claims. Note, however, that in a terminal disease claim with a short life expectancy, eg a claim on behalf of a living mesothelioma claimant, the court may not require strict adherence
NEWS
PI & Clinical Negligence analysis: In a challenging evidential case, a court has concluded that a claimant was suffering from mesothelioma rather than a non-asbestos related lung cancer. This was a very rare case in which a positive test with a 99% accuracy rate should be overlooked in favour of other evidence pointing to a conclusion of mesothelioma. Produced in partnership with Phillip Patterson, barrister, Gatehouse Chambers.
PRECEDENTS
From: [Insert name and/or job title] Bribery and corruption remain a major issue in world trade, despite the many dedicated efforts to prevent them. Bribery, and other forms of corruption, are very damaging to the societies in which they occur. They divert money and the resources it buys from those who need them most. They hinder economic and social development. They damage business, not least by increasing the cost of goods and
PRECEDENTS
Date: [insert date] From: [insert name and job title] Competing fairly benefits both businesses and consumers. Competition shows companies where they need to improve and encourages organisations to strive for greater efficiency, become more innovative, more productive, and ultimately be better businesses. 1 What is competition law compliance? Competition law is designed to protect businesses and consumers from anti-competitive behaviour, and safeguard effective competition in the markets in which they operate. All businesses must comply with competition law and there can be serious consequences for businesses and individuals for non-compliance, including heavy fines, prison sentences, director disqualifications and reputational damage. 2 How does this affect us? Competition law may become an issue for [insert organisation name] in three main contexts: —cartel activity; —other potentially anti-competitive agreements; —abuse of a dominant position: Cartel activity Cartels are the most serious types of anti-competitive agreements, where two or more businesses agree not to compete with each other.Cartels deprive consumers and other businesses
PRECEDENTS
Date: [insert date] From: [Insert name and job title] According to government figures, fraud is the most common offence in the UK. As a business, we may fall victim to fraud, if we do not manage the risk seriously and sensibly. We are also at risk of committing the corporate offence of failing to prevent fraud being committed on our behalf introduced through the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023), in force from 1 September 2025, for which there are severe penalties. That offence sits alongside existing fraud law, so the person who committed the fraud can also be prosecuted individually for the fraud, while our organisation is prosecuted for failing to prevent it. Our fraud risk management policy and related procedures are our first line of defence in relation to both the failure to prevent offence, and against falling victim to fraud. 1 What is fraud? Generally, fraud is a crime that involves deception or theft to gain
PRECEDENTS
Date: [insert date] From: [Insert name and job title] Tax evasion is a major issue in world trade, despite the many dedicated efforts to prevent it. Tax evasion is very damaging to the societies in which it occurs. It diverts money and resources from those who need them most, hindering economic and social development. Tax evasion affects us as a UK organisation if it is criminally facilitated anywhere in our business[es]. 1 What is tax evasion? Tax evasion is the illegal non-payment or under-payment of taxes. It is usually perpetrated by not declaring or falsely declaring taxes due to the relevant tax authority. Tax evasion is a criminal offence. It can be committed by an individual, eg in relation to income tax or VAT, or a legal entity, eg in relation to corporation tax. 2 How does this affect us? The Criminal Finances Act 2017
PRECEDENTS
From [[insert job title], ][name] As employees of [insert organisation’s name], we take great pride in the contribution we make and the way that we conduct our business. [Insert organisation’s name] is a [describe business type] employing [more than ][insert number] staff and operating in [explain geographic reach]. All of us must work together to ensure unethical behaviour does not take place. [Insert organisation’s name] [has OR is introducing] a business-wide Code of ethics to make sure that happens. The Code, which has the full support of the [insert organisation’s
PRECEDENTS
From [Insert name and job title] Bribery and corruption remain major issues in world trade, despite the many dedicated efforts to prevent them. The Bribery Act 2010 (BA 2010) affects us, as a UK organisation, if bribery occurs anywhere in our business[es]. Any payment or gift given to induce someone to do what they should not do, to secure an advantage for the giver, is bribery. A reputation for ethical conduct is a priceless asset, and, as such, ethical standards must be a core
PRECEDENTS
From: [Name], [insert job title] [Insert, eg The Senior Leadership Team] has set a target of [insert period] to drive our governance and compliance standards to an even higher level. This means making sure every employee understands and consistently follows our policies, processes and applicable laws to the highest standards. This includes areas such as data privacy, access to products and services, proper interaction with customers, suppliers and competitors. This is more than a mere box-checking exercise—we want to
PRECEDENTS
From [Insert name and job title] 1 Policy statement We run our business[es] with integrity. All of us must work together to ensure we comply with the financial sanctions regime. We have a business-wide policy in place to make sure this happens. The financial sanctions policy, which has the full support of our [Board OR Senior management], is my responsibility. But it needs your full co-operation and support to make it work. In all our interests, please read it thoroughly and give it that support. 2 Background Financial sanctions are measures designed to have an adverse financial impact on persons (individuals or corporate entities) that are designated or (for some sanctions) connected with a prescribed country, in a number of different ways. These can include freezing their funds or economic resources, and/or preventing: —funds or economic resources from being made available to them (or for their benefit) or received from them (directly or indirectly) —financial services from being provided to or procured from them (or for their benefit) (directly or indirectly) —financial services from being provided, where the services
PRECEDENTS
From [insert name], [insert job title] A key part of our data protection compliance is to appoint a data protection officer (DPO) to work closely with the business and the [board OR senior management team] to ensure we are doing everything we need to do to safeguard personal data. I am pleased to confirm that [insert name of DPO] will be taking up this important post with effect from [insert date]. Introducing our data protection officer [Insert name] is our new DPO. [Insert brief introductory details of DPO, eg background, experience]. [Insert name] will be involved in all aspects of the development and implementation of our data
PRECEDENTS
From [insert name and job title] 1 Policy statement We run our business[es] with integrity. All of us must work together to ensure we comply with the financial sanctions regime. We have therefore put in place a business-wide policy to make sure this happens. The financial sanctions policy, which has the full support of our [ Board OR Senior management], is my responsibility. However, it needs your full co-operation and support to make it work. In all our interests, please read it thoroughly and give it that support. 2 Background Financial sanctions are measures designed to have an adverse financial impact on persons (individuals or corporate entities) that are designated or (for some sanctions) connected with a prescribed country, in a number of different ways. These can include freezing their funds or economic resources, and/or preventing: —funds or economic resources