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Q&As
For information on dealing with grievance issues, generally, see Practice Notes: • Dealing with a grievance • General requirements for discipline and grievance procedures • Acas disciplinary and grievance code—procedural requirements For dealing with grievance issues specifically set out in this Q&A, as a starting point, the following may be considered: • the contractual status of the employer’s grievance procedure • the application and requirements of the Acas Code of Practice on disciplinary and grievance procedures (Acas Code) • the nature of the grievance in question and the broader implications
NEWS
This week's edition of Insurance & Reinsurance weekly highlights includes: Sky can claim more in insurance dispute over faulty roof; Spain can’t enforce €855m oil spill award against insurers; High car insurance keeping 2.6 million from driving in UK; PRA publishes policy statement and supervisory statement on solvent exit planning for insurers; PRA postpones dynamic general insurance stress test and revises stress testing schedule; EIOPA publishes results of 2024 Insurance Stress Test; ECB and EIOPA propose European approach to mitigate economic impact of natural disasters; EIOPA publishes December 2024 Financial Stability Report.
NEWS
A round-up of financial services developments, including (among other things) FCA publishes guidance for asset managers on fund tokenisation; and ESMA launches sixth CCP stress test.
PRACTICE NOTES
This Practice Note outlines the principal routes for personal injury claims brought by serving and former service personnel, including statutory claims and compensation schemes under domestic law and the European Convention on Human Rights. It addresses claims arising from accidents during combat operations and training, as well as specific injuries including non-freezing cold injury, noise-induced hearing loss, post-traumatic stress disorder (PTSD), psychiatric injury arising from bullying or harassment and parading injuries. The history and suspension of Crown immunity It is useful to consider the historical development of the law governing military claims. Until 1987, section 10 of the Crown Proceedings Act 1947 (CPA 1947) prevented military personnel from bringing actions against the Crown in respect of death or personal injury caused by other members of the British Armed Forces. Sections 1 and 2 of the Crown Proceedings (Armed Forces) Act 1987 (CP(AF)A 1987) provide that CPA 1947, s 10 shall cease to have effect, subject to the power of the Secretary of State for Defence to revive it when ‘necessary or expedient’ in specified
NEWS
This week’s edition of PI & Clinical Negligence weekly highlights includes an analysis of a recent High Court occupational stress claim arising from an excessive workload, in which the court considered foreseeability, breach of duty and causation in occupational stress claims. We also highlight key AI developments including calls for proactive regulation within civil procedure and new guidance for barristers on the use of AI technologies. In addition, we feature our quantum case submission portal, alongside our usual round-up of news, cases, webinars and New Law Journal articles of interest.
NEWS
This week’s edition of Insurance & Reinsurance weekly highlights includes: LMA updates Lloyd's insights hub underwriting development triangles; insurers disadvantaged by EU sustainability reporting rules; PRA publishes approach to the 2025 Life Insurance Stress Test and requests technical input; PRA’s Gareth Truran calls on firms to use Solvency II reforms to support productive investments; cases & decisions; key dates for your diary; and other news highlights reported over the past week.
NEWS
Ireland—Banking & Financial Services analysis: This article was written by A&L Goodbody’s Financial Regulation Advisory Team. It covers the Central Bank of Ireland’s (CBI) discussion paper on distributed ledger technology (DLT) and tokenisation in financial services, the European Securities and Markets Authority’s (ESMA’s) 2025 report on the costs and performance of EU retail investment products, ESMA’s latest assessment of risks in EU financial markets, and updated ESMA guidelines on stress test scenarios under Regulation (EU) 2017/1131 (the MMF Regulation). .
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PI & Clinical Negligence analysis: Alex Stutt of Anthony Gold discusses the landmark Supreme Court case of Paul and another (Appellants) v Royal Wolverhampton NHS Trust (Respondent) [2024] UKSC 1 and considers the impact of the court’s comments on duty of care.
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PI & Clinical Negligence analysis: The High Court has re-affirmed the stance on secondary victim claims arising out of clinical negligence, as established in Paul v Royal Wolverhampton NHS Trust [2024] UKSC 1. HHJ Evans held that to be successful, a secondary victim must have witnessed an accident which caused (or had the capacity to cause) injury to the primary victim. In this case, MIM had not witnessed an ‘accident’ as per the definition in Paul and, therefore, his claim as a secondary victim could not succeed. The claim was struck out. This decision confirms what many suspected following the determination of the Supreme Court in Paul: successful recovery for secondary victims arising out of clinical negligence will be rare. Written by Georgia Banks, barrister at Parklane Plowden Chambers.
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PI & Clinical Negligence analysis: The claim arose from the 1982 Hyde Park bombing. The defendant, though never convicted, has been held in other courts to have been involved as a perpetrator. The claimant is the daughter of a victim of the bombing. She was in Hyde Park at the time, heard the explosion, and saw horrendous injuries in the aftermath. She later discovered that her father had been killed. She suffered significant secondary psychiatric injury as a result. But she was four years old at the time, with a child’s understanding of events, and the law is severely restrictive of claims of this nature. Did she have or need a sufficient degree of appreciation of the risk to her father to come within these requirements? In so far as there was uncontroverted expert evidence to the effect that she did have such appreciation, was it open to the trial judge to depart from it? Written by Robert Parkin, barrister at Deka Chambers.
PRACTICE NOTES
This Practice Note covers the prevalence of stress and risks to mental health in the legal profession, why we should take mental health and well-being seriously, and what you can do to protect the well-being of employees. It also considers the impact of mental health stigma and tools for dealing with stigma. Mental health and lawyers There is now a very wide body of research and other literature describing the disproportionately high levels of mental distress experienced by lawyers compared to the population at large. Examples include the 2021 IBA report ‘Mental Wellbeing in the Legal Profession—A Global Study’, and a 2023 White Paper from the Mindful Business Charter, ‘Raising the Bar: Addressing the state of mental health in the legal sector’. The reasons are complex but are generally understood to revolve around three factors: • the personality traits of lawyers, whether those traits are particularly drawn to law or are created by the law or a combination of both. These traits include things like perfectionism, a tendency to catastrophise, looking after other people’s
NEWS
This week's edition of Insurance weekly highlights includes: UniCredit Bank GmbH, London Branch v Constitution Aircraft Leasing (Ireland) 3 Ltd; UniCredit Bank GmbH, London Branch v Celestial Aviation Services Ltd; FCA decides against further action on historic FPP conduct following supervisory assessment; ESAs publish guidelines on ESG stress testing methodologies; EIOPA publishes latest report on retail investment product costs and performance; EIOPA proposes amendments to ease Solvency II reporting and disclosure requirements plus key cases and dates for your diary.