Risk management is a cornerstone of a firm's governance, culture and business strategy. It requires the application of principle to specific circumstances. The challenge for law firms is that they must define their own principles. Most lawyers easily detect potential weaknesses in day-to-day practice, but strategic management of risks to the entire practice comes less naturally. This Practice Note sets out practical steps and considerations for law firms in managing their risks. What is risk? There is a widely accepted definition of risk, ie: Risk = probability x impact So, for any given risk faced by your business, there are two questions: • how likely is it that the risk will materialise, ie what’s the probability? • if the risk does materialise, how bad will it be, ie what’s the impact? Where to start Sound risk management starts with identifying the risks that your firm faces in the first instance. It may help to think of these as falling into some common categories: Category of risk Explanation Example Strategic

Employment analysis: The question of whether an employee has ‘sought’ to take parental leave for the purposes of regulation 20 of the Maternity and Parental Leave Regulations 1999 (MAPLE Regs), SI 1999/3312 is a factual determination to be made by the employment tribunal having considered the relevant evidence. There is no absolute requirement that the employee must have given notice to take parental leave pursuant to paragraphs 1(b) and 3 of MAPLE Regs, Schedule 2, according to the EAT.

Nature and purpose of P&I insurance Protection and indemnity (P&I) insurance is a specialist form of liability insurance cover bought by shipowners, some charterers, and other entities concerned with the commercial operation of ocean-going marine vessels. Its primary purpose is to indemnify shipowners against claims made against them by third parties and to ‘fill in the gaps’ in respect of liabilities not covered by other forms of marine insurance, such as hull and machinery cover or war risks cover. In order to enter or exit most ports in the world, vessels—or at least those which exceed certain minimum sizes—are required to have liability insurance or equivalent financial security in respect of specific categories of claims. In practice, commercial ships satisfy such requirements by way of P&I insurance. P&I insurance is, therefore, a vital adjunct to global trade. P&I Clubs and the International Group of P&I Clubs P&I insurance has its origin in the 18th and 19th centuries when shipowners banded together in associations to mutually assure liabilities not covered by the traditional marine

This Practice Note provides practical guidance to enable proprietors of designs to ensure that their designs benefit from the protection available, including strategic considerations to take into account when determining the scope of a design portfolio. It deals with considerations relating to registered designs and unregistered designs separately. Issues relevant to both registered and unregistered designs are discussed in the sections: Other considerations and Conclusion—top tips for effective protection of design rights below. Design protection in the UK Designs are capable of being protected in a number of ways in the UK. It is essential to bear in mind that these rights are cumulative—more than one may subsist at the same time in a design for the same product or article. The design rights available in the UK are as follows: • UK registered designs (including re-registered designs and re-registered international designs) • UK unregistered design right (also known as ‘design right’) • supplementary unregistered design right (SUD) Each of the above rights differs in terms of qualifying criteria, scope

Restructuring & Insolvency analysis: This decision of Master Marsh (sitting in retirement) concerns the administration of a potentially insolvent estate and the defence by its administrator of a third party claim which (if successful) will mean that the estate will definitely be insolvent. The judgment provides important guidance by identifying the tests to be applied by the court when giving directions to the administrator for the conduct of the third party claims pursuant to Re Beddoe; Downes v Cottam; and when deciding whether to also make an order under section 284 of the Insolvency Act 1986 (IA 1986) ratifying the costs incurred by the administrator in defending the third party claim pursuant to the Beddoe order. The judgment also addresses the extent to which parties to a mediation can refer to events that took place at the mediation in the context of a Beddoe application. Written by David Rees KC, barrister, 5 Stone Buildings, Lincoln’s Inn.

This Practice Note summarises the law and practice in relation to whistleblowing as governed by the Employment Rights Act 1996 (ERA 1996). It is intended to provide high-level information for organisations, to help draft your whistleblowing policy and procedures. It is not intended as a guide to dealing with whistleblowing claims, which is an employment law matter. What is whistleblowing? Whistleblowing is the term used when a worker passes on information concerning wrongdoing (ie makes a disclosure), typically (although not necessarily) that they have witnessed at work. To be covered by whistleblowing law, a worker who makes a disclosure must reasonably believe that they are acting in the public interest and that the disclosure tends to show past, present or likely future wrongdoing falling into one or more of the categories: • criminal offences (eg fraud) • failure to comply with an obligation set out in law • miscarriages of justice • endangering of someone’s health and safety • damage to the environment • from 6 April 2026, sexual harassment • covering up wrongdoing in these categories Whistleblowing

This Practice Note summarises the law and practice in relation to whistleblowing as governed by the Employment Rights Act 1996 (ERA 1996). It is intended to be provide high-level information for law firms, to help you draft your whistleblowing policy. It is not intended as a guide to dealing with whistleblowing claims, which is an employment law matter. This Practice Note also reflects SRA requirements and guidance from the Department for Business, Innovation, Science and Trade, ACAS, SRA and Law Society. What is whistleblowing? Whistleblowing is the term used to describe a situation when a worker passes on information concerning wrongdoing (ie makes a disclosure), typically (although not necessarily) that they have witnessed at work. To be covered by whistleblowing law, a worker who makes a disclosure must reasonably believe that they are acting in the public interest and that the disclosure tends to show past, present or likely future wrongdoing falling into one or more of the categories: • criminal offences (eg fraud) • failure to comply with an obligation set out in law

An Act of Parliament which criminalises stalking and/or other 'courses of conduct' (incidents which happen either repeatedly or at least more than once) which cause harassment and lead victims to suffer 'fear, alarm or distress'. As acts of harassment can be committed electronically, the PHA 1997 has also been used to secure prosecutions and convictions of social media users in addition to journalists who have used intrusive methods to pursue stories.

This Practice Note summarises the main criminal offences and civil protections against unlawful eviction of certain tenants and licensees. Unlawful eviction and harassment—criminal offences A landlord commits a criminal offence under section 1 of the Protection from Eviction Act 1977 (PEA 1977), if they: • unlawfully deprive a residential tenant or occupier of their occupation of the premises or any part thereof, or attempt to do so (it is a defence to have believed, and had reasonable cause to believe, that the occupier had ceased to reside in the premises), or • do acts likely to interfere with the peace or comfort of the residential tenant or any member of their household, or persistently withdraw or withhold services reasonably required for the occupation of the premises as a residence. The landlord must either have the intent to cause the occupier to give up occupation or refrain from exercising any right or remedy, or know, or have reasonable cause to believe, that the acts will have that effect. It is a defence to have reasonable

IP analysis: The European Court of Human Rights (ECtHR) decided on an author's complaint about the state's failure to protect his IP interests in relation to the infringement of his copyrights, on account of the unlawful reproduction and online publication of his book. The ECtHR relied on Article 1 of Protocol No. 1 to the European Convention on Human Rights (ECHR) for the protection of IP rights. It held that the unlawful and arbitrary application of national IP rights provisions in IP infringement cases between private parties constitutes a violation of human rights. Written by Dr Fabienne Bretscher and Lena Carla Weber, associates at Baker McKenzie.

Protection of property describes the range of legal mechanisms used to safeguard ownership and other property rights against interference, loss or damage. It is not a single defined concept in legislation, but a descriptive expression covering civil, criminal and regulatory remedies across the UK and Ireland. In practice, protection of property includes: criminal offences such as theft, criminal damage, burglary and fraud; civil claims such as trespass, nuisance, conversion and negligence; proprietary remedies (injunctions, declarators, delivery up, vindicatory actions in Scots law); and security devices such as mortgages, charges, liens and trusts. It also encompasses statutory protections, for example under housing, landlord and tenant, compulsory purchase, insolvency and planning regimes, as well as human rights protections of possessions (Article 1 of Protocol 1 ECHR). Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, though terminology and specific remedies (e.g. Scots law actions, Irish constitutional property rights) differ. For practitioners, “protection of property” typically arises in advisory and contentious contexts when identifying causes of action, defences, interim relief, enforcement options and risk management strategies relating to real property, personal property and intangible assets.

Protection of critical infrastructure and cybersecurity—EU strategy In October 2016, the European Parliament’s Committee for Industry, Research and Energy (ITRE) published a Cybersecurity Strategy for the Energy Sector. The document comprised an assessment of existing policies and legislation and explored options for the development of energy specific cybersecurity solutions and defensive practices. The study identified that the ongoing development of smart energy systems, with increasing interconnectivity and interdependency across Member State borders, has led to exponential growth of networked intelligence throughout energy grids and in consumer premises (via smart devices). This broad ‘attack surface’, combined with the fact that the energy system is fundamentally interconnected with every other critical infrastructure network, means that the energy sector is particularly vulnerable to cyber attacks. This risk has only increased since the publication of the 2016 strategy. On 16 December 2020, the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy presented a new EU Cybersecurity Strategy. This 2020 strategy covers the security of essential