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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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The Pre- Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents This Practice Note provides a hands-on summary of the key elements of Stage 2 and 3 of the Pre- Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents, together with an examination of leading case law and the practical consequences for those operating within the online portal. Note: The Pre- Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (the RTA Small Claims Protocol) applies to accidents occurring on or after 31 May 2021 where the sum claimed for injuries is not more than £5,000 and the total value of the claim is not more than £10,000. The small claims track limit for personal injury claims arising from a road traffic accident is £5,000 for damages for pain, suffering and loss of...
This Practice Note offers an overview of injuries that arise or worsen due to powerful, repeated or awkward motions when rest and recovery are inadequate. These conditions go by various umbrella terms, most often labelled repetitive strain injuries ( RSI), work‑related upper limb disorders, or musculoskeletal disorders. It addresses optimal strategies for bringing or resisting claims involving such harm. RSI typically denotes pain or damage linked to repeated actions. Most frequently, repetition leads to persistent forearm pain or functional impairment. The label has effectively become interchangeable with work‑related arm pain. Within the spectrum are both clearly diagnosable disorders and non‑specific symptoms such as pain and fatigue. The principal specifically recognisable conditions are listed below. For direction on applicable statutory duties and leading authorities—covering the effect of section 69 of the Enterprise and Regulatory Reform Act 2013 ( ERRA 2013), the...
This Practice Note This Practice Note assists with identifying the applicable law before the courts of England and Wales for loss-causing events that took place between 11 January 2009 and 31 December 2020, in respect of matters giving rise to damage. Where events fell outside those dates, the UK courts will apply an alternative applicable law regime appropriate to the relevant timeframe. The governing regime turns entirely on the date the event happened in question. For help on the various regimes and how they interrelate, see Practice Note: Applicable law regimes. It also explains when and why Regulation ( EC) 864/2007 on the law applicable to non-contractual obligations, Rome II, was introduced. Further, it outlines the situations in which it applies and those in which it does not, as appropriate. In this Practice Note, the Regulation is referred to as Rome II. For...
Definitions Fraud In Derry v Peek, fraud is described as the situation where a false statement is made either knowingly, without any belief in its accuracy, or with reckless indifference as to whether it is true or false. Malingering Under DSM- IV V65.2 and the DSM-5, malingering means the deliberate creation or overstatement of physical or psychological signs or symptoms, driven by external incentives. Note: malingering, or deliberate exaggeration, should not be mistaken for unconscious amplification, often labelled by doctors and lawyers as 'functional overlay'. Types of fraudulent claims Terminology and categorisation differ across behaviours linked to road traffic claims that arouse suspicion, but in general the principal types are outlined below. Deliberately staged accidents These incidents arise when drivers and occupants of two, or sometimes more, vehicles intentionally bring about a collision, followed by injury claims from passengers and the supposedly 'innocent' driver. Additional claims can include charges for car hire,...
This Practice Note This Practice Note addresses the duty of care owed by road users to others involved in road traffic incidents, including car drivers or motorists, passengers, pedestrians and cyclists. Road users are obliged to take reasonable care so as to avoid causing harm to those using, or present upon, the highway. The applicable standard is that of the ordinary competent driver, and no indulgence is afforded to inexperienced or learner drivers. A road user should also anticipate that fellow users of the highway, or other persons present, may not demonstrate the requisite level of skill, experience and care. Road traffic accidents generate a significant volume of work for personal injury practitioners, giving rise to claims that span the entire spectrum of severity and complexity. The chief cause of action is negligence; although statutory duties, nuisance or contract can at times be...
This Practice Note has been archived and is not maintained. For the up-to-date position, refer to Practice Note: Costs budgets—revision and variation. This note explores the process of reviewing and updating a costs budget. It addresses the obligation to keep budgets under regular review and the reasons behind that discipline. It then explains why a party might seek to revise a costs budget and whether those grounds are sufficient to obtain an order permitting revision. It outlines the principles the court applies when deciding an application to amend a costs budget and illustrates how the courts have applied those principles. This includes interpreting CPR PD 3E, para 7.6 and the defined expressions ‘future costs’ and ‘significant requirements’. It also looks at reaching agreement with other parties about proposed amendments to the costs budget and, if agreement cannot be reached, when and in what manner an...
Overview This Practice Note offers high-level guidance on replying to a letter of claim in clinical negligence matters in England and Wales. A letter of response is the formal pre-action document issued under the Pre- Action Protocol for the Resolution of Clinical Disputes (the Protocol). In clinical negligence litigation, the letter of response: sets out the defendant’s reasoned stance on breach of duty and causation identifies which issues are admitted and which are contested clarifies the expert disciplines to be relied upon assists in narrowing the issues before proceedings commence The defendant should acknowledge the letter of claim within 14 days and indicate who will manage the matter. The letter of response must be served within four months of receipt of the letter of claim. See Practice Note: The Pre- Action Protocol for the Resolution of Clinical Disputes—6 April 2015...
This Practice Note offers practical direction on locating defendants and insurers in noise-induced hearing loss ( NIHL) proceedings. In most NIHL matters, the exposure to noise that produced the auditory injury happened decades earlier. Workplaces may have shut, transferred ownership, businesses dissolved or been absorbed by other organisations, and at times even an online search reveals nothing about the claimant’s previous employer. In truth, finding the employer is frequently only the crucial opening step. If that entity has ceased trading, the insurer on risk during the claimant’s employment must then be identified and notified accordingly. A number of practical tools and resources can help when tracking defendants and insurers. HMRC schedule In virtually all NIHL cases, it is vital to secure the claimant’s employment history from HMRC. A request should be submitted using the HMRC employment history form. HMRC will supply the name of the...
This Practice Note sets out the aim of a reserved judgment and the constraints attached to receipt of a draft judgment. It also covers what a party ought to do upon receipt of a draft judgment and the limited situations in which it might be possible to prevent a draft judgment being handed down altogether. What is a reserved judgment? A court may reserve judgment by postponing delivery of its reasons for the decision to a later date in writing, rather than pronouncing judgment orally immediately after the hearing or trial ends. At the close of the hearing the judge will usually confirm that judgment is reserved and will later circulate a draft written judgment to the parties. The practice started in the Court of Appeal and was extended to the High Court. Where judgment is to be reserved, the judge may, at the...
Note: Except where a notice of appeal was lodged, or permission to appeal was granted, before 1 October 2012, this Practice Note is retained solely for historical reference. For up-to-date guidance on permission to appeal, consult Practice Note: Grounds for appealing and preliminary considerations— Is it possible to re-open an appeal (including an application for permission to appeal)? In addition, the CPR and the practice directions cited here link to the current provisions and not those in force before 1 October 2012. For the pre- October 2012 position, refer to the attached PDF documents. Principles The Court of Appeal or the High Court may re-open a final determination of an appeal only in three situations: where doing so is required to prevent genuine injustice the circumstances are out of the ordinary and justify such a course there is no other...
ARCHIVED: THIS PRACTICE NOTE IS BASED ON CPR PROVISIONS REVOKED ON 1 APRIL 2013. This material is retained purely for historical reference. For insight into the present, post- Denton, position, please consult the following Practice Notes: Compliance and relief from sanctions—overview Case management—compliance Agreements to extend time under CPR 3.8(4) (buffer agreements) Relief from sanctions—the courts’ approach Relief from sanctions—illustrative decisions [ Archived] Relief from sanctions—when is an application for relief required?......
ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Please note, some hyperlinks may no longer lead to the provisions as they stood at the time this Practice Note was issued. Important: this Practice Note addresses the application and construction of CPR 3.9 after Mitchell but before Denton; Decadent and Utilise ( Denton v White & others; Decadent Vapours Limited v Bevan & others; Utilise TDS Limited v Cranstoun Davies & others [2014] EWCA Civ 906; [2014] All ER ( D) 53 ( July) (not reported by Lexis Nexis®)). The Court of Appeal expressed the expectation that Denton would render recourse to earlier authorities unnecessary. Consequently, the material here is primarily of historical interest. For up-to-date, post- Denton guidance, see: Practice Notes: Compliance and relief from...
ARCHIVED: This archived Practice Note is no longer updated and serves solely as background information. In addition, certain links may not take you to the provisions as they stood when the guidance in this Practice Note was issued. IMPORTANT NOTE: this Practice Note addresses how CPR 3.9 should be applied and construed after Mitchell yet before Denton; Decadent and Utilise ( Denton v White & others; Decadent Vapours Limited v Bevan & others; Utilise TDS Limited v Cranstoun Davies & others [2014] EWCA Civ 906, [2014] All ER ( D) 53 ( July) (not reported by Lexis Nexis®). The Court of Appeal has indicated it hopes that the Denton ruling will obviate any need to look back to prior authorities. Accordingly, the guidance in this Practice Note is predominantly of historical interest only at this time......
This Practice Note serves as a negotiating aid for dispute resolution solicitors engaged in agreeing and drafting settlement agreements after a dispute has been resolved by negotiation, regardless of whether court proceedings were issued beforehand. Its focus is the release clause which, alongside the payment clause, typically forms one of the agreement’s two core components. It outlines the likely stances parties will take when settling the terms of the release, and proposes possible middle-ground solutions they might accept. The Note offers a high-level overview of the topics, helping readers assess what will be required in a given matter. It also signposts further Practice Notes and Precedents for those needing additional reference material. These should be consulted where further guidance is required. It is not designed for use in negotiating settlements of employment contract disputes, where distinct...
This Practice Note considers the level of security the court may order when determining an application for security for costs. This note outlines how the court approaches fixing the quantum of security, including whether it should reflect costs assessed on the standard basis or on an indemnity basis. It explains the considerations used to set the figure and the circumstances in which the court may adjust it. Assessment of available assets and the respondent’s ability to meet any costs order Whether the sum requested is disproportionate or excessive The impact of approved costs budgets The effect of any conditional fee agreement Potential enforcement difficulties It also addresses whether the court may direct specified or part payments, and whether it will later revise the level of security ordered. On 6 April 2025, amendments to CPR 25 came into force, which...
This case tracker considers case law in relation to qualified one-way costs shifting ( QOCS) in order to provide some guidance on how the courts are interpreting and applying the QOCS provisions in the CPR. NOTE: The Civil Procedure ( Amendment) Rules 2023, SI 2023/105, introduce substantial changes to the QOCS regime. For proceedings issued on or after 6 April 2023, CPR 44.14 is revised to: permit the court to order that the parties’ respective costs liabilities be set off against each other, and bring within CPR 44.14 deemed orders, agreements to pay damages or costs, and matters concluded by acceptance of Part 36 offers and Tomlin Orders These amendments overturn prior authorities, including Ho v Adelekun and Cartwright v Venduct Engineering Ltd, which had prevented defendants from recovering their costs in several common situations. Where proceedings commence on or after 6 April 2023,...
This Practice Note is archived and is not being maintained... Recovery of CFA success fees and ATE insurance premiums in publication and privacy proceedings Following the commencement of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ( LASPO 2012), for conditional fee agreements ( CFAs) entered into after April 2013, a CFA claimant must satisfy any success fee from the damages recovered. At the same time, the recoverability of after-the-event ( ATE) insurance premiums was abolished. These changes are subject to transitional arrangements... Transitional provisions preserve the recoverability of success fees and premiums (additional liabilities) where CFAs and ATE policies were taken out prior to the relevant LASPO 2012 provisions coming into force on 1 April 2013. Funding put in place before 1 April 2013 remains governed by the rules that applied when the arrangements were made, even if the success fee or premium is...
Pre-existing legal relationships Psychiatric harm may arise where a claimant and defendant are already linked by a legal relationship. In some settings, the character of that connection places a duty on the defendant to act with reasonable care so as not to cause psychiatric injury. Illustrations include: Occupational stress claims: perhaps the clearest instances of a pre-existing obligation not to inflict ‘pure’ psychiatric damage. See Practice Notes: Occupational stress—introduction and Occupational stress—establishing liability. Health authority cases involving the communication of upsetting information: here, the parties’ established relationship may mean it is foreseeable that negligent misstatements, or even an unduly insensitive delivery of accurate facts, could result in psychiatric injury. Examples include: a claimant developing post-traumatic stress disorder after being wrongly informed that his baby had died (noting that the judge’s analysis in that matter was that...
ARCHIVED: This record is kept solely for historical reference and preservation. The pilot scheme concluded on 31 March 2013. For details on provisional assessment, refer to Practice Note: Provisional assessment. This archived notice is retained for historical purposes only. Jackson reforms As part of the Jackson reforms, Lord Justice Jackson, in his 13 January 2012 report on the pilot, found it to be a success and advised that it should be implemented across the country, with training provided to staff and district judges to help them carry it out successfully. Draft rules were prepared, to be presented to the Rule Committee in due course. For more information on the report, see News Analysis: Lord Justice Jackson report on provisional assessment pilot. What is this? The County Court Provisional Assessment Scheme (the Scheme) was a pilot under which parties were entitled to request a written, detailed...
This Practice Note sets out illustrations of decisions where proportionate costs orders have been considered, listed with the most recent ruling first. The cases below are provided as guidance only, as each matter is fact-specific and the judge retains a wide discretion on costs... Judgment Issue Comment Kallakis v AIB Group [2020] EWHC 3867 ( Comm) — Percentage of proportionate costs order: The court observed that the application had materially narrowed the claims and considered this should be reflected in the costs order. Taking that together with the time spent on witness evidence, the judge decided it was appropriate to award the claimant a proportion of its costs, namely 65% of the costs of the summary judgment application. Holyhead Marina Ltd v Farrer [2020] EWHC 1750 ( Admlty) at para [88] —...
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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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