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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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Introduction Under section 34 of the Environmental Protection Act 1990 ( EPA 1990), as amended, from time to time, the waste duty of care obliges all waste ‘holders’ to fulfil requirements and follow procedures designed to protect the environment and prevent harm from the moment waste is produced at source through to its eventual recovery or disposal. A central obligation is to supply a written description of the waste so that, in practice, every holder can continue to ensure fully legal compliance with the other elements of the duty of care. For more information and guidance, see: Waste duty of care—overview. Distinct rules apply when handling hazardous waste and when managing POPs waste (waste with a high concentration of persistent organic pollutants, ‘ POPs’). For more on POPs, see Practice Note: Persistent organic pollutants ( POPs). Annex III to the Waste Framework...
The statutory duty of care in relation to controlled waste EPA 1990, s 34(1) first established the statutory duty of care for controlled waste, and it has since been revised on several occasions. Breach of that duty is an offence under EPA 1990, s 34(6). The principal waste regulators are: Environment Agency ( EA) in England Natural Resources Body for Wales ( NRW) Scottish Environment Protection Agency ( SEPA) Northern Ireland Environment Agency ( NIEA) Local authorities also regulate the less polluting processes and facilities. The main government departments are: Department for Environment, Food and Rural Affairs ( Defra) Welsh Government Scottish Government Department for Agriculture, Environment and Rural Affairs ( DAERA) This Practice Note addresses the duty of care for controlled waste in England and Wales only. It cites EU law. For guidance on how this applies in the UK see...
Compliance All carriers must: The following obligations apply: register with the Environment Agency in England and with Natural Resources Wales in Wales, as applicable present authorisation (for example, a registration certificate) promptly when asked avoid transporting controlled waste unless properly registered, unless operating as an exempt carrier provide relevant information requested by the regulator update registration details within 28 days of any change These duties are required. Brokers and dealers are required to: register with the Environment Agency ( EA) in England and Natural Resources Wales ( NRW) in Wales amend registration information within 28 days when any changes occur Enforcement Carriers The EA in England and NRW in Wales enforce a carrier’s duties under the Control of Pollution ( Amendment) Act 1989 ( CP( A) A 1989) and the Waste ( England and Wales) Regulations 2011, SI 2011/988. Under CP( A) A 1989,...
This Practice Note offers an introduction to waste law and waste producer responsibility, aimed at trainee solicitors and anyone beginning to engage with these topics. An introduction to waste law Waste law and policy comprise the legal rules and policy frameworks for managing waste so as to protect human health and the environment. In England and Wales, they are grounded in circular economy principles, keeping resources in use for as long as possible and reducing waste through reuse and recycling. The different strands of waste law interconnect to create a comprehensive system for responsible waste management. The definition of waste underpins classification and controls, while the duty of care ensures safe handling across the waste lifecycle. Permits regulate waste management activities, with hazardous waste regulations providing extra safeguards. Effective waste management, planning and policy support sustainable practices, and transport rules ensure the safe movement of waste....
Warranty and indemnity ( W& I) insurance—insured v uninsured claims Warranty and indemnity ( W& I) insurance is a well-established mechanism for shifting risk in private M& A deals. For more detail on what W& I insurance is and how it is deployed, see Practice Note: Warranty and indemnity ( W& I) insurance in M& A transactions. The route for advancing a claim under a W& I policy differs in several respects from pursuing an equivalent uninsured claim directly against a seller. Over the past ten years, W& I cover has evolved alongside the broad promotion and uptake of alternative dispute resolution, aimed at steering parties away from court proceedings. In England and Wales, both the Ministry of Justice and the judiciary have made concerted efforts to encourage resolution by means other than the courts, as litigation is frequently lengthy, costly and...
What does this Practice Note cover? This Practice Note sets out an explanation of warrants (often termed securitised derivatives) and considers: what warrants are types of warrants key warrant terminology how warrants are listed and offered how warrants are documented, and the differences between warrants and comparable instruments What are warrants? A warrant is a tradeable security that grants the holder the right, but not the obligation, to: buy or sell a specified asset (the underlying asset, or simply the underlying) at a specified price (the exercise price or strike price) on a specified date or dates (the exercise date(s)) A warrant is a type of derivative—its value is derived from the underlying asset and offers exposure to that value without owning the asset. They are sometimes described as securitised derivatives, ie derivatives embodied in...
Scope and purpose This Practice Note supports the review and/or negotiation of a warehousing and transport services agreement. It is aimed at a lawyer acting for the customer, as most larger suppliers rely on their own in‑house teams. Reflecting the commercial reality of many such deals, it proceeds on the basis that the supplier has drafted the agreement and that the terms lean in its favour. For a customer‑favourable precedent, see Precedent: Supply of warehousing and transport services agreement—pro‑customer. Sector influences The logistics sector (which covers warehousing and road transport services) is a mature market shaped by prominent trade associations, including the Road Haulage Association ( RHA), Logistics UK (formerly the Freight Transport Association ( FTA)) and the UK Warehouse Association ( UKWA). Many of these bodies issue standard terms for members—typically suppliers of transport and storage services in all forms, such as hauliers,...
This Practice Note This Practice Note explores warehouse financing as a strand of structured trade finance, enabling a producer or trader to raise funds against its own goods stored in a warehouse. In a standard arrangement, a lender advances a loan to a producer as borrower, and the borrower’s obligations are secured over the stored goods. If put together correctly, the structure is self-liquidating: the loan is cleared from the sale proceeds of the charged goods in the borrower’s ordinary course of trade. Alternatively, a lender provides funds to a trader, as borrower, who uses the money to buy goods from suppliers or producers and then stores those goods in a warehouse. This set-up may suit a trader that has settled with its supplier but cannot afford to store the goods received until it has accumulated enough for an...
This Practice Note briefly outlines the Walker Guidelines on Disclosure and Transparency in Private Equity, in particular, aimed at improving disclosure by certain private equity firms and their large portfolio companies. For further information on private equity firms and funds, see Practice Note: Private equity investment—firms and funds. What are they and why were they introduced? In February 2007, the British Private Equity and Venture Capital Association ( BVCA) commissioned Sir David Walker to conduct an independent review of the overall adequacy of disclosure and transparency in private equity, with the objective of recommending a set of guidelines for adherence on a voluntary basis by the industry. These were sought by both the BVCA and major private equity firms to enhance stakeholders’ understanding of private equity activities and to address concerns about limited transparency in the sector. In addition, there was a desire to avoid any...
are chiefly regulated by: the School Standards and Framework Act 1998 ( SSFA 1998) the Welsh School Admissions Code the School Admissions Appeal Code the Education ( Determination of Admission Arrangements) ( Wales) Regulations, SI 2006/174 the School Admissions ( Variations of Admission Arrangements) ( Wales) Regulations 2013, SI 2013/1140 the Education ( Admissions Appeals Arrangements) ( Wales) Regulations 2005, SI 2005/1398 Admissions authority For community or voluntary controlled schools, the local authority serves as the admission authority, unless the whole function has been delegated to the school’s governing body. See Practice Note: Categories of schools. In the case of foundation or voluntary-aided schools, the governing body is the admission authority. Where the local authority is the admission authority for a community or voluntary controlled school, the governing body is under a duty to put into effect any...
Practice Note This note sets out a range of obligations placed on private sector landlords in Wales, intended to enhance overall safety standards within private sector tenancies. It summarises the key requirements of: Gas Safety ( Installation and Use) Regulations 1998, SI 1998/2451 (as amended by the Gas Safety ( Installation and Use) ( Amendment) Regulations 2018, SI 2018/139) ( GSR 1998) Renting Homes ( Fitness for Human Habitation) ( Wales) Regulations 2022, SI 2022/6 ( RHW 2022), made under the Renting Homes ( Wales) Act 2016 ( RH( W) A 2016) For broader guidance on fire safety requirements, see Practice Note: Fire safety in commercial and mixed-use buildings......
FORTHCOMING CHANGE: The Welsh government continues to review the ongoing availability of multiple dwellings relief, with a formal announcement anticipated in Spring 2025. This Practice Note outlines land transaction tax ( LTT), which replaced stamp duty land tax ( SDLT) in Wales with effect from 1 April 2018. Three related companion Practice Notes examine particular aspects of the tax in greater detail, as set out below: Wales: Land transaction tax ( LTT)—chargeable consideration and rates of LTT Wales: Land transaction tax ( LTT)—particular transactions and tax payers, and Land transaction tax ( LTT)—administration and compliance Background The Wales Act 2014 provides for SDLT to be disapplied in Wales with effect from 1 April 2018 and enables the Welsh Government to introduce its own tax on transactions in land in Wales. The legislative framework for LTT is set out in the Land...
The Hazardous Waste ( England and Wales) ( Amendment) Regulations 2016, SI 2016/336, revoked Part 5 of the Hazardous Waste ( England and Wales) Regulations 2005, SI 2005/894, thereby removing the need for any premises in England that produced or had hazardous waste removed to register with the Environment Agency ( EA). The obligation for premises in Wales to register with Natural Resources Wales ( NRW) was not altered by this change and, therefore, this Practice Note chiefly covers the registration requirements in Wales. What is hazardous waste? Almost every business will create some hazardous waste. Typical examples include: solvents, eg aerosols, paint remover chemicals, eg printer toner batteries refrigerators containing ozone-depleting substances asbestos Waste is generally considered hazardous if it, or the substances within it, are harmful to human health or the environment. The definition of waste refers to...
The Welsh Zone The Marine and Coastal Access Act 2009 ( MCAA 2009) amended the Government of Wales Act 2006 ( GWA 2006) to establish the ‘ Welsh Zone’. This comprises the sea next to Wales that falls within British fishery limits, calculated from Welsh baselines (set by section 1 of the Fisheries Limits Act 1976), and designated by an Order in Council under GWA 2006, s 58, or by an order of the Secretary of State under GWA 2006, s 158(3). The extent of the Welsh Zone is detailed in the Welsh Zone ( Boundaries and Transfer of Functions) Order 2010, SI 2010/760, reg 3... The Wales Act 2017 The Wales Act 2017 ( WA 2017) commenced on 31 January 2017. It retains the single legal jurisdiction of England and Wales, while introducing a revised Welsh devolution settlement that shifts from a conferred powers model to a...
From 1 April 2018, land transaction tax ( LTT) took the place of stamp duty land tax ( SDLT) in Wales. This Practice Note outlines how LTT applies to specific scenarios where its treatment diverges from SDLT, including the following: Residential leases Mixed use claims—garden and grounds Leases held over beyond their contractual end date Multiple dwellings relief ( MDR) Cross border transactions, including cross title properties Anti-avoidance, covering the LTT targeted anti-avoidance rule ( TAAR) and the general anti-avoidance rule ( GAAR) Property authorised investment funds ( PAIFs) and co-ownership authorised contractual schemes ( Co ACS) Partnerships Brexit Where appropriate, it contrasts LTT with SDLT. It also builds on the fundamentals in the Practice Note: Wales: Land transaction tax ( LTT)—the basics. LTT is legislated for in the Land Transaction Tax and...
Land transaction tax ( LTT) superseded stamp duty land tax ( SDLT) in Wales with effect from 1 April 2018. This Practice Note considers how LTT is worked out, the meaning of chargeable consideration for LTT purposes and the applicable rates. Where relevant, comparisons with SDLT are noted. The Practice Note builds on the basics in Practice Note: Wales: Land transaction tax ( LTT)—the basics. LTT is contained in the Land Transaction Tax and Anti-avoidance of Devolved Taxes ( Wales) Act 2017 ( LTTADT( W) A 2017). Statutory references are to LTTADT( W) A 2017 unless stated otherwise. How is LTT calculated? LTT is charged on the acquisition and disposal of an interest in freehold or leasehold land. It applies not only to the purchase of freehold land or the grant of a lease (the creation of an interest) but also to the release of an...
Waldorf Production UK Plc Waldorf Production UK Plc sought a Part 26A restructuring plan ( RP), with the convening hearing held in March 2025 and sanction hearing in June 2025. Headline matters are set out below (capitalised terms not defined here take the meanings in the convening and sanction judgments). Mr Justice Hildyard declined to sanction the plan on fairness grounds (see Waldorf Production UK Plc [2025] EWHC 2181 ( Ch) (sanction)), yet subsequently granted a leapfrog certificate, permitting the Plan Company to take it straight from the High Court to the Supreme Court (see News Analysis: Leapfrog to Supreme Court approved ( Re Waldorf Production UK Plc)). However, following an agreed disposal of the Group to a subsidiary of Harbour Energy plc, the appeal is expected to be abandoned, and fresh RPs have been lodged in England and Scotland, with convening hearings...
In April 2026, Waldorf CNS ( I) Limited secured a Part 26A restructuring plan ( RP) at a sanction hearing before the Court of Session in Scotland. The principal points are set out below. This Deal Debrief sits within our Restructuring plans toolkit. For an in-depth review of key metrics from RPs lodged in 2024 and commentary from leading figures in the restructuring sphere, see News Analysis: Market Insights Trend Report—trends in Part 26A restructuring plans in 2024. Name of plan company Waldorf CNS ( I) Limited Industry sector Oil and Gas Place of debtor’s incorporation and jurisdictional factors Scotland Timeline 22 January 2026: Practice Statement Letter ( PSL) issued (whilst not formally required in Scotland, a PSL was provided here) 16 February 2026: Convening hearing (or first hearing) scheduled to ......
Employers and workers may agree to dispense with notice when the employment relationship ends or is otherwise lawfully terminated. This Practice Note sets out when an employer or an employee may give up their contractual right to notice, or statutory entitlement, in full or by accepting a reduced period, and explains the situations in which such waivers are likely to arise in practice. Waiving contractual notice An employer may relinquish its right to receive contractual notice at any time. Any waiver of the right to notice should be clearly documented by the employer because: there might later be disagreement over whether the waiver was voluntary in fact it could alter the effective date employment is terminated on In principle, employees may give up their rights to notice or to pay in lieu of notice, though it will seldom be to their advantage to expressly agree, save where a...
This Practice Note addresses: the distinctions between amendments, waivers and consents the circumstances and reasons for seeking a waiver how to submit and respond to a waiver request factors for lenders when deciding how to reply to the request the risks to lenders of disregarding a default conditions that may accompany the grant of a waiver or consent how such arrangements ought to be documented What is the difference between amendments, waivers and consents? Fundamentally, any departure from the terms of a facility agreement requires an amendment, a waiver or the lenders’ consent. Both waivers and amendments call for lender approval. On a bilateral facility this is typically straightforward, but it becomes more involved on a syndicated transaction. Syndicated facility agreements based on Loan Market Association ( LMA) documentation treat variations to any finance document as either an amendment or a waiver. Separately, some facility agreements are drafted to permit...
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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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