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Introduction to statutory interpretation The aim of statutory interpretation is to determine the legal meaning of a statute, that is, the sense that expresses the legislator’s intention. The clearest guide to that intention is the statutory wording itself, read in its context and with its overall purpose in mind, and its broader legislative setting. Courts should seek to fulfil the purpose of legislation by construing its language, so far as they can, in the manner that most effectively serves that purpose. Put differently, the courts’ default method is purposive, and every enactment is to be construed with that end in view. There is a starting presumption that the grammatical and ordinary sense of an enactment reflects the meaning intended by the legislator. Where an enactment reasonably bears only a single meaning, and no other interpretative tools or
This Practice Note addresses identifying a fiduciary, fiduciary duties and obligations, the no conflict rule, the no profit rule, a fiduciary's duty of confidence, and the remedies available for breach of fiduciary duty. Who is a fiduciary? There is no definitive catalogue of relationships that give rise to fiduciary obligations at common law in every situation universally. Certain relationships are inherently fiduciary, eg trustee and beneficiary, solicitor and client, principal and agent, business partner and co-partners, together with mortgagor and mortgagee. The obligations of some fiduciaries have been set out in statute; for instance, trustees owe a statutory duty of skill and care under section 1 of the Trustee Act 2000 (TrA 2000), and directors' relationships with their companies are addressed in the Companies Act 2006 too. For guidance on directors' fiduciary duties, see Practice Note: of directors for further detailed
Definition of ADR Alternative dispute resolution (ADR) is defined in the CPR Glossary as a collective label for methods of settling disputes other than through the usual trial process. Some courts adopt the term ‘negotiated dispute resolution’ (NDR) to describe resolution by alternative means; for ease, this Practice Note uses ADR. For guidance on how ADR is addressed in the various court guides, see Practice Note: ADR and NDR in the court guides. In essence, ADR is a means of resolving a dispute outside the court system. It typically involves a neutral third party who either helps the parties reach a negotiated outcome, or issues a determination of the dispute that is legally binding. A binding result can follow where the agreement to refer the dispute to ADR so provides. There are multiple forms of ADR processes. For an outline of the different types and their
In brief The British constitution is uncodified, meaning it does not spring from a single constitutional document or code. It draws on a wide range of written and unwritten sources. Alongside the principal written sources of law in England and Wales—legislation (which has also introduced international and human rights principles into our constitution) and the common law—the constitution also rests on two further unwritten bases within this system: the prerogative, and non-legal constitutional conventions. In addition, on one view the basic or prevailing principle of our constitution, Parliamentary sovereignty, is ultimately grounded in political fact rather than in law. Legislation Legislation is the foremost source of constitutional law. Acts of Parliament may set out detailed constitutional rules, or even pass authority to create them to ministers or to others. Under the doctrine of Parliamentary sovereignty, legislation is traditionally regarded as taking precedence over any other form or kind of
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This Practice Note outlines how summary procedure operates in Scottish criminal proceedings and should be read alongside the Scottish summary criminal procedure—flowchart. For an account of the investigation and prosecution process in Scotland, see Practice Note: The investigation and prosecution of criminal offences in Scotland. Guidance on appeal routes in summary cases is provided in Practice Note: Scottish criminal appeals—summary procedure. Lower-level offences in Scotland proceed on a summary complaint. The rules for summary procedure are set out in Part IX of the Criminal Procedure ( Scotland) Act 1995 ( CP( S) A 1995) (sections 133–194). For resources on solemn procedure, see Practice Notes: Solemn procedure in Scottish criminal proceedings and Trials under the Scottish solemn procedure, together with the Scottish solemn criminal...
This Practice Note outlines how appeal processes operate within Scottish summary criminal matters. For guidance on appeals in solemn cases in Scotland, consult Practice Note: Scottish criminal appeals—solemn procedure. For fuller direction on the Scottish summary process, see Practice Note: Summary procedure in Scottish criminal proceedings. More broadly, see Practice Note: The investigation and prosecution of criminal offences in Scotland. Update effective 1 December 2025: modernisation of criminal court procedure Several enduring lasting changes have been enacted by the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews ( Scotland) Act 2025, displacing the earlier temporary procedural arrangements brought in during the COVID-19 pandemic. Practitioners should read every procedural reference in this Practice Note through the lens of these legislative revisions. Electronic signatures and document transmission Under CP( S) A 1995, ss 303C–303F, documents in criminal proceedings may bear electronic signatures and be sent...
This Practice Note outlines the solemn trial process in Scotland and ought to be carefully considered alongside the Scottish solemn criminal procedure—flowchart. For further information on pre-trial preparation within the solemn route, consult Practice Note: Solemn procedure in Scottish criminal proceedings. For assistance on appeal routes in solemn cases in Scotland, refer to Practice Note: Scottish criminal appeals—solemn procedure. For a primer on how criminal offences are investigated and prosecuted in Scotland, see Practice Note: The investigation and prosecution of criminal offences in Scotland. Update effective 1 December 2025: modernisation of criminal court procedure The Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews ( Scotland) Act 2025 brings in a suite of permanent reforms, superseding the temporary measures created during the COVID-19 pandemic. Practitioners must read all procedural references in this Practice Note in the context of those statutory...
This Practice Note sets out the Scottish process for civil recovery before the Sheriff Court, covering cash, listed assets and accounts. It further explains the investigatory powers available within the civil recovery process. It does not address seeking a civil recovery order in the Court of Session under Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 ( POCA 2002). For guidance, see Practice Note: Scottish civil recovery—process and procedure in the Court of Session. For the equivalent position in England and Wales, see Practice Notes: Civil recovery orders under the Proceeds of Crime Act 2002 and Civil recovery under POCA 2002—procedure. Statutory framework for civil recovery in Scotland POCA 2002, Pt 5 empowers enforcement authorities to bring civil proceedings to recover property, cash, or—by virtue of provisions introduced by the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023)—a...
This Practice Note sets out the Scottish approach to civil recovery in the sheriff court setting where cryptoassets are concerned. It focuses exclusively on the sheriff court context. For material on the sheriff court route for cash, listed assets and accounts, see Practice Note: Scottish civil recovery in the sheriff court—cash, listed assets, accounts and investigatory powers. For the Court of Session route, see Practice Note: Scottish civil recovery—process and procedure in the Court of Session. Search, seizure and detention of cryptoassets ( Chapter 3C) This part addresses Scotland-specific provisions in Chapter 3C of the Proceeds of Crime Act 2002 ( POCA 2002). For additional detail, consult our E& W Practice Note: Search, detention, recovery and conversion of cryptoassets under POCA 2002—civil recovery. In November 2024, the statutory powers to search for cash under POCA 2002, s 298, and for listed assets under POCA 2002, s 303C, were...
This Practice Note sets out an explanation of the powers of the Scottish criminal courts to impose sentence following conviction. For an introduction to the structure and operation of the Scottish criminal justice process, see Practice Note: The investigation and prosecution of criminal offences in Scotland. For guidance on the approach the Scottish courts adopt to sentencing corporate criminal/regulatory offences, see Practice Note: Sentencing corporate criminal offences in Scotland. High Court The most serious corporate cases are prosecuted in the High Court of Justiciary ( High Court). Under solemn procedure, a judge and jury try the case, as noted above. See Practice Notes: Solemn procedure in Scottish criminal proceedings and Trials under the Scottish solemn procedure. As a trial court, its jurisdiction extends across the whole of Scotland (and, on occasion, beyond) in respect of all crimes unless excluded by statute. It holds...
ARCHIVED: This archived Practice Note considered the key legal developments during 2025 for corporate crime practitioners in Scotland This Practice Note sets out the principal legal developments expected to affect Scottish corporate crime lawyers in 2025 and beyond, and also condenses the changes that have already occurred during 2025. For a UK-wide overview of anticipated developments for corporate crime practitioners in 2025, refer to our E& W Practice Note: Corporate Crime horizon scanner—2025 [ Archived]. Key primary legislation Updates on the passage of government Bills through the UK Parliament of interest to corporate crime practitioners are available in Practice Note: Corporate Crime bills tracker—2025 [ Archived]. This tracker is intended to help corporate crime lawyers in Scotland remain up to date with relevant Acts of the Scottish Parliament and Bills currently being considered by the Scottish...
In Scotland, organisations and individuals must comply with certain UK-wide reporting obligations, including those in section 330 of the Proceeds of Crime Act 2002 ( POCA 2002). For further detail, see Practice Notes: Money laundering offences under the Proceeds of Crime Act 2002— The principal money laundering offences and Authorised disclosure, protected disclosure and appropriate consent. This Practice Note addresses the distinct Scottish reporting obligations created by the Criminal Justice and Licensing ( Scotland) Act 2010 ( CJL( S) A 2010), namely the obligation to report particular predicate offences under that act. Predicate offences The duty outlined below (see Failure to report certain offences) is triggered where there is knowledge or suspicion of offences contrary to CJL( S) A 2010, ss 28, 29, 30. Under CJL( S) A 2010, s 28, a person commits an offence by agreeing with at least one other to act...
This Practice Note provides an overview of the investigation and prosecution of criminal offences in Scotland Related practice notes you may find useful include: The investigation and prosecution of financial crime in Scotland—outlines the principal law enforcement and prosecutorial bodies engaged in this sphere and considers how they work together and with equivalent organisations operating elsewhere in the UK Prosecution process for health and safety cases in Scotland—offers guidance on investigations into health and safety incidents in Scotland and the procedural steps for prosecuting such offences Comparison of criminal fraud in Scotland with England and Wales—provides guidance on the investigation and prosecution of criminal fraud The system for investigating and prosecuting crime in Scotland is presently governed by the common law and by statute. The Criminal Procedure ( Scotland) Act 1995 ( CP( S) A 1995) sets out the rules directing how criminal cases progress through the...
This Practice Note outlines the principal tax evasion offences in Scotland, which are: Fraudulent evasion of value added tax (section 72 of the Value Added Tax Act 1994 ( VATA 1994)) Fraudulent evasion of income tax (section 106A of the Taxes Management Act 1970 ( TMA 1970)) Fraudulent evasion of national insurance contributions (section 114 of the Social Security Administration Act 1992 ( SSAA 1992)) Failure to prevent facilitation of UK tax evasion (section 45 of the Criminal Finances Act 2017 ( CFA 2017)) Failure to prevent facilitation of foreign tax evasion ( CFA 2017, s 46) For a high-level guide to the law enforcement bodies and prosecutors in Scotland responsible for investigating and prosecuting financial crime, see Practice Note: The investigation and prosecution of financial crime in Scotland, which also examines how these agencies interact with other...
This Practice Note looks at: the challenges sanctions may create for lending transactions key facility agreement terms to consider in a sanctions context the approach to sanctions of the Loan Market Association ( LMA) and the Loan Syndications and Trading Association ( LSTA) the effects of the EU Blocking Regulation Conflict in Ukraine Focus on sanctions has intensified following additional measures introduced in response to the conflict in Ukraine. We have issued the Practice Note: Sanctions— FAQ for banking & finance lawyers, which examines those measures and the potential effects on finance transactions and loan agreements. It also includes links to detailed material. See also the Financial sanctions collection featuring Practice Notes, news and trackers. The remainder of this Practice Note considers more general points when drafting sanctions provisions in loan agreements. Where can I find information on financial sanctions? Our Financial sanctions collection is a...
STOP PRESS: On 19 June 2025 the Data ( Use and Access) Bill secured Royal Assent, was enacted as the Data ( Use and Access) Act 2025 ( DUAA 2025), and took partial effect immediately. Provisions dealing with, among other things, handling data subject access requests and granting powers to make further regulations commenced on 19 June 2025. Measures relating to Information Commissioner notices and elements of law enforcement processing started on 19 August 2025, two months after Royal Assent. Most of the Act still awaits commencement via additional statutory instruments. Parts 5 and 6 update elements of UK data protection and e Privacy law, touching the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications ( EC Directive) Regulations 2003, SI 2003/2426. Most Part 5 measures are...
What are the key offences relating to the sale of knives? Section 141 of the Criminal Justice Act 1988 ( CJA 1988) bans the sale of specified offensive weapons, which encompasses certain knives. The CJA 1988 also sets out a discrete offence covering the sale of knives and related articles to those under 18. That offence, contained in CJA 1988, s 141A, is summary only. Sections 38, 39, 40 and 42 of the Offensive Weapons Act 2019 ( OWA 2019) establish separate offences concerning the delivery of bladed products to residential premises, as well as the delivery of bladed products and bladed articles to persons under 18. The Knives Act 1997 ( KA 1997) creates two additional offences addressing the unlawful marketing and publication of knives. These offences, under KA 1997, ss 1 and 2, are triable either in the magistrates’ court or the Crown Court. For...
Why were the rules on rehabilitation of offenders changed? The Rehabilitation of Offenders Act 1974 ( ROA 1974) was enacted to aid reintegration into work for people who have reformed. ROA 1974 treats a rehabilitated person as though they had neither committed the offence nor been charged, prosecuted, convicted or sentenced for it, meaning they need not disclose a spent caution or conviction. Chapter 8 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ( LASPO 2012) revised ROA 1974, adjusting its scope and the rehabilitation timeframes it sets. Reforms commencing on 10 March 2014, under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ( Commencement No 9, Saving Provision and Specification of Commencement Date) Order 2014, SI 2014/423, altered how certain rehabilitation periods are determined so they more closely mirror the seriousness of the sentences...
ARCHIVED: This archived Practice Note is not being maintained. Repeal and transitional provisions Risk of Sexual Harm Orders are now superseded by (a) sexual harm prevention orders ( SHPOs) and (b) sexual risk orders ( SROs). This follows the repeal of sections 123–129 of the Sexual Offences Act 2003 ( SOA 2003) by the Anti-social Behaviour, Crime and Policing Act 2014 ( ABCPA 2014). Refer to Practice Notes: Sexual harm prevention orders and Sexual risk orders. Practitioners should be aware of the saving and transitional provisions: the repeal or alteration of SOA 2003, ss 123–129 (by ABCPA 2014) does not apply to: any application for a risk of sexual harm order lodged before 8 March 2015 any extant order (whether granted before or after 8 March 2015) that was applied for prior to 8 March 2015, or any step taken in...
While the Investigatory Powers Act 2016 ( IPA 2016) largely superseded the Regulation of Investigatory Powers Act 2000 ( RIPA 2000), the Part III provisions of RIPA 2000—dealing with the ability of public bodies to issue notices requiring the decryption of encrypted information or the provision of decryption keys—remain in effect, albeit as modified by the IPA 2016. For further details on the IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide... Investigation of encrypted electronic data RIPA 2000, Pt III governs investigations by a public authority into electronic data protected by encryption. The statutory scheme is supplemented by a Code of Practice, which is admissible in evidence in both criminal and civil proceedings. A wide range of methods enable businesses, individuals and criminals to secure and protect their electronic data and to maintain the privacy of their electronic...
ARCHIVED: This Practice Note has been archived and is not maintained. As of 27 June 2018, the provisions in the Regulation of Investigatory Powers Act 2000 ( RIPA 2000) dealing with unlawful interception of communications data were repealed and superseded by Parts 1 and 2 of the Investigatory Powers Act 2016 ( IPA 2016). This change abolished the offences of unlawful interception in RIPA 2000, s 1, replacing them with offences of unlawful interception and unauthorised disclosures under IPA 2016, ss 3 and 59. For guidance on the framework governing interception of communications under the IPA 2016, see Practice Note: Interception of communications under the Investigatory Powers Act 2016. For an overview of the background and scope of the IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide. If an interception offence occurred prior to 27 June 2018,...
Offence of re-using company name without permission The Insolvency Act 1986 ( IA 1986) curtails the re-use of a company’s name for five years where, in the year leading up to insolvency, any director or shadow director of the insolvent company becomes involved with the successor entity (see Who is caught by the restriction?). A director must not participate in a business that adopts the identical legal or trading name, or a name so alike as to imply a link with the earlier company, unless an exception applies (see Scope of restriction). Importantly, this curb is imposed on the individual rather than the company itself, as there are numerous innocent or practical reasons why different companies may carry the same or a comparable name. Under IA 1986, s 216, breaching this curb constitutes a criminal offence, and section 217 is aimed at removing the...
This Practice Note sets out how to seek an order to retain items taken during a search, under section 59(5) of the Criminal Justice and Police Act 2001 ( CJPA 2001) and the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, and the grounds for bringing such an application. It also outlines how an opposing party may contest the application and resist the order. For guidance on lawful seizure routes—whether under warrant, under PACE 1984 and CJPA 2001, or with the owner’s consent—and on the procedure for seeking a warrant, see Practice Notes: Seizure and retention of property and Obtaining and executing a search warrant under PACE 1984. For material on search and seizure warrants under the Proceeds of Crime Act 2002 ( POCA 2002), consult Practice Note: Search and seizure warrants under section 352 of POCA 2002. When can an...
Reviewed by Professor Richard Macrory The Regulatory Enforcement and Sanctions Act 2008 ( RESA 2008) empowered regulators to address offences through six civil sanctions rather than pursuing prosecution. In 2010, the Environment Agency ( EA) and Natural England ( NE) received these powers for specified environmental breaches. In 2015, the regime widened when the EA was authorised to accept enforcement undertakings for environmental permitting offences. The Environmental Civil Sanctions ( England) Order 2010, SI 2010/1157 applies in England, and the Environmental Civil Sanctions ( Wales) Order 2010, SI 2010/1821 applies in Wales. In both, Schedule 5 sets out which sanctions are available for each offence. The EA commenced using its powers on 4 January 2011. NE began exercising its powers from 3 January 2012. From 1 April 2013, Natural Resources Wales ( NRW) assumed responsibility for enforcing environmental civil sanctions in Wales. The...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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