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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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What is the HSE? The Health and Safety Executive ( HSE) is the Great Britain-wide regulator for health and safety at work. Its purpose is to stop fatalities, injury and ill-health in workplaces across Great Britain. It also seeks to protect others, including the public, who might be affected by work activities. To meet these aims, the HSE deploys a range of approaches, including permission and licensing regimes, inspections and investigations, carried out by the regulator and its inspectors. What is a dawn raid? A dawn raid is an unannounced attendance by authorities at named premises to enter and search those premises without prior notice. Main reasons for an HSE raid HSE inspectors hold broad powers to investigate incidents involving non-compliance with health and safety law. They act to enforce the law when breaches, hazards or serious risks are found and identified. The HSE says it is guided by its...
ARCHIVED: This Practice Note is archived and no longer updated. Alongside the civil/regulatory approach to market abuse, the Financial Services and Markets Act 2000 ( FSMA 2000) previously contained two criminal offences for making misleading statements and engaging in misleading practices under FSMA 2000, s 397. These offences were revoked by s 95 of the Financial Services Act 2012 ( FSA 2012). That said, FSMA 2000, s 397 still applies to offences committed before the FSA 2012 came into force on 1 April 2013; conduct after that date is brought under the offences set out in FSA 2012, ss 89–91. For an outline of the civil/regulatory market abuse regime prior to the introduction of Market Abuse Regulation ( EU) 596/2014, see Practice Note: Market Abuse—pre Market Abuse Regulation. For details on the Market Abuse Regulation, see Practice Notes: Market Abuse Regulation (...
Reopening final determinations of the Court of Appeal Criminal Division The Criminal Division of the Court of Appeal retains, in exceptional circumstances, an inherent authority to revisit a prior decision finally disposing of appeal proceedings ( R v Yasain). In Yasain, the court observed that the Civil Division had long exercised an implied power to reopen a concluded appeal, and it recognised an equivalent implicit power for the Criminal Division. Illustratively, in R v Powell, that Yasain jurisdiction was invoked in relation to a confiscation order appeal. There, all sides accepted that the realisable assets figure had been wrongly calculated, and efforts to cure the problem by obtaining a certificate of inadequacy had failed. The Court concluded that sufficient time, effort and public resources had already been devoted to correcting the mistake. By contrast, in R v Hockey, another...
This Practice Note outlines the provisions of the Renters’ Rights Act 2025 ( RRA 2025) on imposing and recovering financial penalties for breaches of discrimination rules, rent requirements, landlord redress scheme duties and the private rented sector database. It also explains the widened scope of liability for offences relating to houses in multiple occupation and selective licensing, identifies who may receive improvement notices, and summarises local housing authorities’ enforcement duties and their investigatory powers to enter premises and seize documents. For more detail, see Practice Note: Renters’ Rights Act 2025—key provisions and The Renters’ Rights Act 2025—landlords’ duties, penalties and offences. Commencement For guidance on when provisions of the RRA 2025 take effect, see Practice Note: Renters’ Rights Act 2025—key provisions— Commencement. Also see: Practice Note: Renters’ Rights Act 2025—legislation tracker Ministry of Housing, Communities and Local Government ( MHCLG) roadmap:...
What is a remedial action notice? A remedial action notice is employed by enforcement bodies such as the Food Standards Agency ( FSA) or a local authority where there has been a breach of the Food Safety and Hygiene ( England) Regulations 2013 ( FSH( E) R 2013), SI 2013/2996, or where an inspection under FSH( E) R 2013, SI 2013/2996 is being obstructed. The effect of such a notice is to: forbid the use of any equipment, or any part of the establishment, identified in the notice set conditions on, or prohibit, the carrying out of any process require the rate of operation to be reduced to the extent stated in the notice, or halted entirely Failure to comply with a remedial action notice is a criminal offence; see Practice Note: Criminal offences under the Food Hygiene ( England)...
The Regulators’ Code is issued by the Secretary of State under section 22 of the Legislative and Regulatory Reform Act 2006 ( LRRA 2006). Section 21 of the LRRA 2006 places a duty on anyone exercising a specified regulatory function to have regard to two key principles: regulatory activities should be undertaken in a manner that is transparent, accountable, proportionate and consistent regulatory activities should be targeted solely at cases where action is required Who does the Regulators’ Code apply to? Any person or body exercising a specified regulatory function must take the Regulators’ Code into account when setting general policies or principles for the functions that the particular regulator carries out. The Code is designed to set out a clear framework for how regulators should deal with those they regulate. It seeks to improve relations between regulators and the regulated and to remove...
In most Scottish criminal matters, defence representatives usually obtain material through disclosure provided by the Crown, in line with duties under the Criminal Justice and Licensing ( Scotland) Act 2010 ( CJL( S) A 2010). For guidance on such material, refer to Practice Note: Disclosure of evidence in Scottish criminal proceedings. However, some situations call for information retained by the Crown that falls outwith its statutory disclosure duties, that is, material the Crown holds but is not obliged by the CJL( S) A 2010 to reveal to the defence. At times, the necessary information sits with a third party; documents or records may lie with external organisations or individuals rather than the Crown. This Practice Note sets out how such material can be recovered, and describes the mechanisms available to secure access in those...
Those requiring protection Chapter 4 of Part 2 of the Serious Organised Crime and Police Act 2005 ( SOCPA 2005) sets out arrangements to safeguard people involved in investigations and legal proceedings. The UK Protected Persons Service operates regionally, delivered by the police but co‑ordinated by the National Crime Agency ( NCA). It aims to ensure that witnesses and other vulnerable individuals facing life‑threatening risk receive protection and support by: setting national standards of quality, improving co‑ordination across currently fragmented services, encouraging intelligence exchange between police forces, and bolstering local provision to deliver a uniform and accountable service The Central Bureau of the NCA serves as the national headquarters for the UK Protected Persons Service, providing strategic and practical support and co‑ordination to officers assisting protected persons. Under SOCPA 2005, s 82, a ‘protection provider’ (typically the police) may put in place...
The power to award prosecution costs A prosecutor can secure an order recouping the expense of pursuing a case in a number of ways: Private prosecution costs from central funds The court may direct payment from central funds at a level it deems reasonably sufficient to reimburse the prosecutor for properly incurred expenses in proceedings for any indictable offence, and in proceedings before a Divisional Court of the King’s Bench Division or the Supreme Court concerning a summary offence. This route is unavailable where the prosecutor is a public authority, so it applies only to private prosecutors. If the court leaves the amount unspecified, the quantum is determined under the procedures laid down in the Costs in Criminal Cases ( General) Regulations 1986, SI 1986/1335, made pursuant to section 20 of the Prosecution of Offences Act 1985 ( POA 1985). A determining officer at the Senior Courts Costs...
This Practice Note examines the prosecution of companies and other commercial bodies, such as partnerships. It sets out the approach to bringing cases against corporate defendants. It outlines the considerations weighing for and against proceeding, alongside key preparatory steps to take before starting a prosecution. The Note further describes corporate representation in court, the conduct of the trial, and sentencing options available for various business structures following conviction. It also signposts practical points on preparation and commencement. What factors influence the decision to prosecute a company When assessing whether to pursue a corporate prosecution, practitioners should consult the joint Serious Fraud Office ( SFO) and Crown Prosecution Service ( CPS) Guidance on Corporate Prosecutions, read together with the Code for Crown Prosecutors......
In the aftermath of the Supreme Court decision in R v Waya Following the Supreme Court ruling in R v Waya, section 6(5) of the Proceeds of Crime Act 2002 ( POCA 2002) was revised to insert the words: ‘ Paragraph (b) applies only if, or to the extent that, it would not be disproportionate to require the defendant to pay the recoverable amount.’ This placed on a statutory footing the requirement that confiscation orders be proportionate. A prosecutor is not obliged to commence confiscation proceedings; rather, doing so is a matter of discretion. If the prosecutor does not invite the court to proceed to confiscation, the court likewise retains a discretion whether to embark on confiscation proceedings, provided the remaining statutory conditions are satisfied. The judgment in R v Andrewes confirms that prosecutors, at the very least, should build an...
Elements of the offence of production of a controlled drug It is an offence to: be involved in the production of a controlled drug This either-way offence can therefore be handled in either the magistrates’ or Crown Courts. The meaning of 'being concerned' in the production of a controlled drug Case law confirms that, to secure a conviction, the Crown must demonstrate the defendant assumed an identifiable role in the drug’s production ( R v Farr). The leading authority on this issue is Farr. The defendant permitted two people to use his kitchen to produce heroin; there was no prior arrangement. The Court of Appeal quashed the conviction, ruling that there must be identifiable participation in the process of producing a controlled drug; on these facts, only passive presence was proved. The proper allegation in those circumstances would have been under section 8 of the...
This Practice Note outlines criminal exposure under the statutory product safety framework as it operates in Scotland. For fuller analysis of potential offences within this framework and how they are enforced, consult our E& W Practice Notes: Consumer Protection Act 1987 offences Enforcement of the Consumer Protection Act 1987 General Product Safety Regulations 2005— Offences Enforcement of the General Product Safety Regulations 2005 Prosecution of product safety offences under the General Product Safety Regulations 2005 Enforcement of consumer protection laws under the Consumer Rights Act 2015 Statutory product safety regime Under the Scotland Act 1998, product safety is a reserved matter, subject only to narrow exceptions. Part II of the Consumer Protection Act 1987 ( CPA 1987) imposes a duty to ensure that goods covered by safety regulations issued by the Secretary of State are safe; those...
Money laundering offences—an introduction Money laundering describes the disguising of criminal proceeds as assets that seem legitimately derived, enabling permanent retention or their channelling back into further unlawful ventures. It follows a prior acquisitive offence (the predicate crime), with the profits processed either by the offender or by another acting for them. The Proceeds of Crime Act 2002 ( POCA 2002) creates the core laundering offences, discussed in greater depth below. Liability can also arise for those who, within the anti-money laundering framework, fail to identify, discourage, stop or disclose substantive laundering activity. These failures are criminalised under POCA 2002 and through secondary legislation. For further detail, see Practice Note: Money laundering offences—failure to disclose offences and Anti-money laundering and counter-terrorist financing offences—overview. Corporate criminal liability extends to organisations where the wrongdoing is committed by a body corporate, a...
Private prosecutor’s role as a ‘ Minister of Justice’ A private prosecutor, along with anyone running proceedings on their behalf, must act as ‘ Ministers of Justice’. Alongside that duty, a private prosecutor can also assume the following positions in a case: complainant witness investigator disclosure officer Unavoidably, these overlapping roles can collide, weakening the prosecutor’s ability to act as a true ‘ Minister of Justice’. Where one individual or entity holds any mixture of these roles, the tension must be recognised and actively managed so the defendant is not treated unfairly. Both sides should remain alive to this risk. Partly for this reason, it is not uncommon for challenges to be brought to the issuing of the summons or the continuation of proceedings. See Practice Note: Challenging private prosecutions. Such challenges frequently probe the private prosecutor’s motive and conduct (often...
The Sentencing Council ( SC) produces guidance on sentencing for courts in England and Wales in the form of offence specific sentencing guidelines for use in the magistrates’ court and the Crown Court. This Practice Note examines how sentences are determined for the offence of rape contrary to section 1 of the Sexual Offences Act 2003 ( SOA 2003), and for rape of a child under 13 contrary to SOA 2003, section 5. Be aware that the SC has also issued guidance on sentencing historic sexual offences arising under pre‑ SOA 2003 legislation, available to access via the SC’s website. For details of the constituent elements of rape under SOA 2003, section 1, refer to Practice Note: Rape. For further detailed guidance regarding the sentencing of sexual offences other than rape, please consult Practice Note: Sentencing guidelines for sexual offences......
Police powers and preliminary tests Under the Road Traffic Act 1988 ( RTA 1988), three categories of preliminary testing exist. These are: a police-administered breath test, in which a suspect supplies a breath specimen that is analysed to determine whether the proportion of alcohol in the person’s breath is likely to exceed the prescribed limit a preliminary impairment test used to assess the driver’s physical reactions and capability, and a preliminary drug test, a process by which a sample of sweat or saliva is taken to indicate whether drugs have been administered by the driver The Deregulation Act 2015 ( DA 2015) removed the need for an officer to carry out a preliminary test where a portable evidential breath test device is available. In those circumstances, the officer may proceed directly to the evidential breath tests. The option to require a preliminary breath test remains...
This Practice Note It outlines the particular procedural phases in a judicial review application and then explains in detail the specific obligations for each phase, as set out by the CPR, CPR PD, and Administrative Court guidance......
For information on the overarching regime overseeing the use of powers under the Investigatory Powers Act 2016 ( IPA 2016), see Practice Note: Scrutiny of intelligence gathering and the role of commissioners under the Investigatory Powers Act 2016. What does the investigate? The IPT has jurisdiction to examine and resolve complaints relating to the conduct and deployment of covert surveillance by public authorities, including UK intelligence agencies. Section 65(5) of the Regulation of Investigatory Powers Act 2000 ( RIPA 2000), as amended by IPA 2016, provides a detailed catalogue of what amounts to ‘conduct’ for the IPT’s purposes. In essence, ‘conduct’ covers a public authority exercising covert surveillance powers under IPA 2016 or RIPA 2000, and any activity undertaken by or on behalf of the intelligence services. By way of illustration, the IPT considers complaints about conduct by or for the police, the Security Service, the Secret...
Archived: This Practice Note has been archived and is not being maintained or updated. Insider dealing involves exploiting confidential or privileged information that has not yet been made public or otherwise disclosed, in order to gain an advantage in the market. If a person in possession of inside information uses it to deal in price-affected securities, that conduct amounts to the offence known as insider dealing. For fuller detail on the offence of insider dealing, including the maximum sentences that may follow conviction, see Practice Notes: Insider dealing—the criminal offence and Insider dealing—defences to criminal charges for further guidance. Sentencing guidelines There are no offence-specific sentencing guidelines for this offence; none exist. Consequently, the Sentencing Council’s General guideline: overarching principles will govern sentencing for all insider dealing offences. From that point, sentencing courts must apply the guideline to every case, unless the interests of justice suggest...
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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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