Risk factors meaning

The following are some of the features and factors (not all of which will be readily discoverable at a very early stage) to consider when assessing whether a claim is appropriate for the LVI defence: The respective weight of both vehicles: a heavier vehicle striking a lighter one creates a greater impact than a crash between vehicles of comparable weight. Age and design of the vehicle: some models provide better shock absorption, for example with large bumpers. Location of impact: a direct rear-end hit passes more energy than a collision at an angle. Presence of a tow bar: a tow bar channels impact energy through the car, increasing injury risk. Handbrake applied: engaging the handbrake reduces the likelihood of injury. Claimant’s age and sex: females face a higher chance of whiplash, and risk rises with age. A pre-existing medical condition: heightens susceptibility to whiplash injury. Whether the claimant anticipated the impact and braced themselves: bracing diminishes the risk of neck...

Checklist and timeline This concise checklist and timeline is prepared on the footing that proceedings are brought under sections 238 and/or 239 of the Insolvency Act 1986 (IA 1986) by an administrator or liquidator, and not by any assignee of the claim. Step/action: Review the events leading to the company’s insolvency and the factors underpinning the claim(s) against the respondent(s) (typically the recipients of the relevant payments/transactions). This involves securing the company’s books and records, accounting data/statements and bank statements, and interviewing directors, former directors, and any person with knowledge of the promotion, formation, business dealings, affairs or property of the company. Note that if the office-holder signals a claim against the respondent(s), they risk losing investigative powers under IA 1986, ss 235–236 in relation to that claim. Time (days): No limit (subject to limitation). Section/rule: IA 1986, ss 234–236, 238, 239; Cloverbay Ltd (joint administrators) v Bank of Credit and Commerce International SA [1991] Ch 90, [1991] 1 All ER 894. ...

ARCHIVED : This Checklist has been archived and is not maintained . STOP PRESS: From 1 November 2024, the UK’s new securitisation framework took effect, annulling and supplanting the onshored EU legislative regime. Although the UK rules broadly preserve the substance of the prior onshored EU approach, they part company in several notable respects, including scope, risk retention, transparency, due diligence and STS designation. For a side-by-side of the STS criteria under both frameworks, see Practice Note: UK and EU securitisation regimes—comparison. On 17 June 2025, the European Commission issued its long-anticipated review of the EU Securitisation Framework, together with an extensive legislative package proposing amendments to the EU Securitisation Regulation (Regulation (EU) 2017/2402), the EU Capital Requirements Regulation (Regulation (EU) No 575/2013), the EU Solvency II Delegated Regulation (Commission Delegated Regulation (EU) 2015/35) and the EU Liquidity Coverage Requirement Delegated Regulation (Commission Delegated Regulation (EU) 2015/61). Proposed changes to the EU Securitisation Regulation cover, among other matters, risk retention, due diligence, transparency, STS on-balance sheet securitisations and...

Original news Mr Y (CAS-57893-P0C6)—20 August 2025 / Ms R (CAS-58612-P1X1)—18 July 2025 Summary The Pensions Ombudsman dismissed a complaint concerning a loan note investment. The scheme’s independent trustee bore no responsibility for losses arising from this high-risk, speculative asset. The complainants had completed forms confirming the trustee was not giving investment advice and could not be held accountable for any investment loss. The arrangement ran on an execution-only basis. The trustee also undertook appropriate due diligence before proceeding. In light of these factors, no liability ultimately attached to the trustee for the loan note loss. The determination highlights the perils of placing funds into non-standard investments. Accordingly, the complaint failed. What were the facts? Ms R and Mr Y were members of the Westerby Pension Scheme (the Scheme). The Scheme was a self-directed, self-invested personal pension (SIPP) scheme. Westerby Trustee Services Limited (Westerby) was the Scheme’s independent trustee and administrator...

In this issue: Financial sanctions AML, CTF & counter-proliferation financing Economic crime Data protection Other Practice Compliance updates this week Daily and weekly news alerts Trackers New and updated content Financial sanctions OFSI updates Enforcement and Monetary Penalties guidance The Office of Financial Sanctions Implementation (OFSI) has revised its Enforcement and Monetary Penalties guidance, with most changes focused on chapter 3 covering case assessment. The revision sets out how ‘case factors’ are considered and allocated when scrutinising suspected financial sanctions breaches. Two separate factors have been added: ‘knowledge, intention and reasonable cause to suspect’ and ‘co-operation’. OFSI also notes a change in chapter 6 regarding the delegation of ministerial reviews of monetary penalties. See: LNB News 02/05/2024 20. AML, CTF & counter-proliferation financing The Law Society reports two-fifths of laundered money is through property The Law Society highlights new Europol findings showing that 41% of organised crime networks launder proceeds via...

Various Claimants v News Group Newspapers Ltd [2024] EWHC 902 (Ch) What are the practical implications of this case? This notable judgment examines when it is right to direct a trial of a preliminary issue before the main hearing. The court emphasised that limitation issues are often apt for early determination, and warned that if such questions are left to be decided only at the final trial, the policy basis of limitation law would be weakened. It also confirms that the governing approach to ordering a preliminary issue trial lies in the ten factors identified by Neuberger J in Steele v Steele [2001] CP Rep 106 (not reported by LexisNexis®UK). In brief, while limitation is frequently suitable for preliminary resolution, the court must still apply those factors when deciding whether a discrete issue should be tried first...

ARCHIVED: This Practice Note is archived and no longer maintained. STOP PRESS: The UK’s prospectus regime, previously derived from the EU Prospectus Regulation, has been superseded by the Public Offers and Admission to Trading Regulations 2024 (POATRs), with all detailed admission to trading requirements now contained in the Financial Conduct Authority (FCA) admission rules. The FCA published its final rules on 15 July 2025, which took effect on 19 January 2026. In October 2025, the FCA issued Primary Market Bulletin 58 which, among other matters, offered guidance on the timetable and approval of prospectuses (and supplementary prospectuses) and confirmed the removal of Listing Particulars as an admission document under the new framework. For more on the key aspects of the POATRs relevant to debt capital markets, see Practice Note: The UK Prospectus Regulation—essentials [Archived]—Reform of the UK prospectus regime. This Practice Note focuses on debt capital markets and summarises the required structure and contents of a prospectus prepared under the current UK prospectus regime. It covers:...

Key terms Expressions such as ‘responsible/sustainable business’, ‘corporate responsibility’ (CR), ‘corporate social responsibility’ (CSR), and ‘environmental, social, governance’ (ESG) appear widely in multiple settings among companies, advisers and legal practitioners across sectors. Yet, broadly, they all signal an enterprise acting responsibly within its everyday operations, as part of its day-to-day activities. An increasing number of businesses recognise that meeting national, state and local rules alone may no longer adequately shield them from legal, regulatory or reputational exposure, and that missing the escalating expectations in this sphere can carry significant financial consequences. In this note, we adopt ‘sustainable business’ as the overarching label for consistency. For further terminology, see Precedent: Sustainability glossary terms (The Chancery Lane Project). What is ‘sustainability’? The word ‘sustainability’ often sits alongside phrases such as ‘environmental sustainability’ or green business in common discussion. Although there is no single, settled definition, many bodies and sources rely on the Brundtland Commission Definition of sustainable development when attempting to explain the term. However, the Brundtland Commission Definition...

Environmental, social and governance (ESG) factors are now central to managing environmental risk, with mounting expectations on companies to evaluate their environmental and social performance. Sustainability underpins the Environment Agency’s (EA) land contamination risk management (LCRM) guidance, which requires climate change to be addressed within risk assessments. In recent years, organisations such as The Society of Brownfield Risk Assessment (SoBRA) and CL:AIRE have issued supporting guidance and schemes that reinforce the EA’s sustainability objective. For more on ESG, see Practice Note: ESG—new starter guide. What is environmental risk? The EA’s LCRM guidance, published in October 2020 and replacing the 2019/2020 versions, sets out how to assess and manage risks arising from land contamination. Environmental risk is one of several ESG matters relevant to organisations and stakeholders, alongside risk areas such as health and safety and data security management. Risk is defined as the combination of the probability, or frequency, that a specified hazard will occur and the magnitude of the consequences if it does. See Practice Note: Environmental...

1 General Employee’s name [ insert name ] Manual handling activities reviewed [ insert, eg collecting and delivering mail, boxing up files for storage or litigation bundles ] Roles involved [ insert details ] Location [ insert location ] Assessed by [ insert name ] Is it possible to carry out the job without any manual handling? ☐ Yes ☐ No Is a risk assessment required?...

Ahead of the firm’s strategic review and development, all [ equity ] partners are asked to complete this questionnaire. Please email it to [ insert name and email address ]. Return by: [ insert date ] [ Name OR Department ] [ insert name of respondent ] Vision/future What is your vision for the firm in five years? [ insert response ] Top challenges the firm faces What are the top three business challenges for the firm? Culture and values Please circle five options that best describe the firm: ambitious dynamic pro-active innovative business-like traditional client-focused unimaginative team-focused reactive successful under achieving efficient working in silos forward thinking lacking ambition declining modern struggling expanding SWOT Strengths Name three things the firm does well: ...

This corporate criminal liability risk management plan documents the actions we have taken to design and roll out suitable measures to manage corporate criminal liability risks within [ insert organisation name ]. It addresses six key areas: risk assessment; risk-based measures; top-level commitment; due diligence; communication and training; and monitoring and review. 1 Risk assessment Carry out a risk assessment. Action Comment □ Pinpoint senior managers and define the breadth of their authority. [ Add any notes you wish to include in connection with this action point ] □ Examine governance processes. [ Add any notes you wish to include in connection with this action point ] □ Evaluate the offences encompassed by corporate criminal liability provisions. [ Add any notes you wish to include in connection with this action point ] □ Review day-to-day operational risk factors, eg around senior management recruitment. [ Add any notes you wish to include in connection with this action point ] [ □...

BREXIT At 11pm (GMT) on 31 December 2020—known as ‘IP completion day’—the transition/implementation period entered into following the UK’s withdrawal from the EU came to a close. From that point onwards, key transitional arrangements came to an end and wide‑ranging changes started to take effect across the UK’s legal regime. This document provides guidance on subjects affected by these changes. Before continuing your research, see: Brexit and financial services: materials on the post‑Brexit UK/EU regulatory regime [Archived]. This Q&A assesses the impact of Brexit on passporting in the insurance sector, outlines the options available to insurers to continue to access the European Economic Areas (EEA), and highlights the factors for insurers to take into account in their contingency planning. This Q&A is produced in partnership with Clare Swirski at Clifford Chance. What are the main aspects of passporting under Solvency II?...