Featured documents
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
Most recent Practice notes
ARCHIVED: Due to the reforms envisaged by The Windsor Framework, the details of which were announced by the UK government on 27 February 2023, this Practice Note has been archived and is not maintained. The information in this Practice Note was correct as at 1 January 2021. For further details on The Windsor Framework and how it affects VAT in Northern Ireland, see: The Windsor Framework. This Practice Note addresses VAT on purchases of goods by VAT-registered businesses in Northern Ireland from EU businesses from 1 January 2021, and how the rules applied to all VAT-registered businesses in the UK on or before 31 December 2020. Where goods are dispatched from one Member State and received in another, there is an EU cross-border movement of goods. In this context, the supplier makes a dispatch and the customer recognises an acquisition. VAT is not charged in the...
VAT issues that arise in residential developments This Practice Note examines VAT matters encountered in residential development projects. It addresses, among other points, the following areas: different and varying forms of development the potential consequences of granting short-term leases relevant planning obligations and local infrastructure various incentives available to buyers disposals of surplus land and incomplete developments, matters arising from subsequent grants of overriding leases and sales of reversions For VAT considerations in commercial schemes, see the separate Practice Note: Commercial development— VAT issues. This Practice Note also includes references to case law from the EU Court of Justice. For further guidance on whether rulings of the Court of Justice bind the UK courts, see Practice Note: Assimilated law— Assimilated case law. For commentary on assimilated law (previously retained EU law) and tax more broadly, including the bespoke approach now applied in VAT law, see...
ARCHIVED: Following the changes proposed under The Windsor Framework, the details of which the UK government publicly set out on 27 February 2023, this Practice Note has been formally archived and is no longer updated. The material within this Practice Note remains correct as at 1 January 2021. For additional detail on The Windsor Framework and what it means for VAT in Northern Ireland, see: The Windsor Framework. This Practice Note addresses VAT in relation to the movement of goods between Northern Ireland ( NI) and the EU from 1 January 2021 (and how it applied to all VAT-registered businesses in the UK on or before 31 December 2020). Distance selling arises where a VAT-registered EU supplier sells and ships goods to a customer in another EU country who is not registered for VAT. The customer might be a private person, or an...
This Practice Note explains how the Transfer of Undertakings ( Protection of Employment) Regulations 2006 ( TUPE 2006), SI 2006/246, influence an employer’s scope to amend contractual terms and conditions of employment. TUPE—the pre- January 2014 position [ Archived]— Variation of contract terms For details of the position in cases where: the relevant transfer under TUPE 2006 occurred before 31 January 2014; or the purported variation was agreed before 31 January 2014 (or, if not agreed, it began to take effect prior to that date) This Practice Note includes references to case law of the Court of Justice of the European Union ( CJEU). For guidance on whether CJEU judgments are binding on UK courts, see Practice Note: Assimilated law— Assimilated case law. EU-derived legislation—such as much of TUPE 2006—enacted to fulfil UK obligations under EU law (for example,...
THIS PRACTICE NOTE APPLIES TO SCHEMES THAT WERE CONTRACTED- OUT SALARY- RELATED ( COSR) SCHEMES BEFORE 6 APRIL 2016 To contract out on a salary-related basis (often called DB contracting-out), a sponsoring employer was required to hold a contracting-out certificate for the relevant scheme in respect of that scheme. For multi-employer arrangements, in defined circumstances a certificate could be issued to the holding company, accompanied by a schedule specifying which subsidiaries the certificate covered and, where relevant, applied to. This was termed a holding company contracting-out certificate under those circumstances. For further details and background, see Obtaining a DB contracting-out certificate before 6 April 2016 [ Archived]— Types of contracting-out certificates. Over time, it could have been necessary to alter a contracting-out certificate, for example: to update the particulars of an employer named on the certificate or the scheme’s title to revise the categories of...
Only individuals or firms with authorisation may conduct regulated activities in the UK, and must operate strictly within the scope of their permission. Where they wish to change the way they perform those regulated activities, they will generally need to apply for a variation of that permission. This Practice Note outlines how firms can apply to the Prudential Regulation Authority ( PRA) to vary their Part 4A permission. For guidance where firms cease conducting their activities altogether, see Practice Note: Prudential Regulation Authority—cancelling permission and requirements. Permission and requirements Under the previous Financial Services Authority ( FSA) regime, a Part IV permission could include any requirement the FSA considered appropriate. That is no longer the case. The PRA’s powers relating to permission are distinct from its powers concerning requirements (namely, to impose or vary a requirement), and these powers are treated separately under the current...
ARCHIVED : This Practice Note is archived and no longer updated. It illustrates the CPR 36 provisions on varying Part 36 offers following the April 2015 re‑writing of CPR 36. It forms part of a series of Practice Notes prepared for the joint Lexis Nexis and St Philips Commercial series of seminars on the revisions to Part 36, held in Leeds, Birmingham and London in January 2015. To access all the materials and the recorded version of the April 2015 London Part 36 event, please visit our Lexis Nexis Dispute Resolution blog and sign‑up. For other Practice Notes in this series on the revised CPR 36, see our related content links on the right hand side. What happens when a Part 36 offer is altered to render it more advantageous to the offeree? Under CPR 36.9(5), where a Part 36 offer is made more...
Practice Note This Practice Note outlines which financial orders the court may, and may not, alter. It further explains the court’s powers under section 31 of the Matrimonial Causes Act 1973 ( MCA 1973) and the parallel provisions in the Civil Partnership Act 2004 ( CPA 2004). It identifies which variation applications can follow the fast-track (shortened) route under the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, and highlights pertinent case law, as well as the means by which parties can vary an order by consent. Pursuant to MCA 1973, s 31, and the corresponding CPA 2004 provisions, the court may vary or discharge specified orders for financial relief—see: Orders that can be varied and Orders that cannot be varied. On occasion, the court may instead suspend an order, or reinstate a suspended term. This Practice Note describes the...
Firms may conduct regulated activities in the UK only in line with their permission. If a firm plans to alter the way it undertakes those activities, it will generally need to apply for a variation of permission. This Practice Note outlines the process for firms to apply to the Financial Conduct Authority ( FCA) to vary their Part 4A permission. For guidance where firms intend to stop carrying on activities entirely, see Practice Note: Financial Conduct Authority—cancelling permission and requirements. Permission and requirements Under the former Financial Services Authority ( FSA) regime, a Part IV permission could contain any requirement the FSA considered suitable. That is no longer the position. The FCA’s powers concerning permission are separate from its powers regarding requirements (including imposing or changing a requirement), and under the current regulatory framework these powers are dealt with...
Variation of trusts As a general principle, trustees must give effect to the settlor’s intentions as expressed in the trust instrument. Nonetheless, situations can develop in which an alteration is advisable, for example in the interests of efficient administration. Where that occurs, the trustees will initially assess whether a change can be achieved without recourse to the court. Express powers The trust deed may have been composed to grant the trustees authority broader than that contemplated by the general law. Contemporary trust documents are typically designed to vest the trustees with considerable discretionary powers and flexibility. Acting under express powers contained in the deed does not amount to departing from the trust terms, since those powers are themselves part of the trust’s provisions. Powers of appointment A power of appointment is an authority vested by one person in another to decide how the property is to be held. There are...
FORTHCOMING CHANGE : The Trusts and Succession ( Scotland) Act 2024 obtained Royal Assent on 30 January 2024, representing the first comprehensive re-examination of Scottish trust law in more than a century, since the cornerstone Trusts ( Scotland) Act 1921 was enacted. As regards trusts, a substantial proportion of its provisions will only operate once Scottish Ministers make further secondary legislation to commence them. By contrast, most succession provisions took effect on 30 April 2024, with a handful of minor trust-related points commencing on 26 June 2024. See News Analysis: Trusts and Succession ( Scotland) Bill passed. Practice Notes dealing with Scottish trusts and succession will be updated further to reflect, and align with, this new legislation. At common law, once a trust has taken effect, the scope to vary its terms or purposes is very narrowly confined. Where an inter vivos trust is...
For guidance on what deferred prosecution agreements ( DPAs) are and how they work, see Practice Note: Deferred prosecution agreements, which explains their operation. In what circumstances can a DPA be varied? The statutory power to amend a DPA sits squarely in paragraph 10 of Schedule 17 to the Crime and Courts Act 2013 ( CCA 2013) itself. A DPA may require alteration in two situations: where the court invites the parties to vary the DPA under CCA 2013, Sch 17 Pt 1, para 9(3)(a), namely where the organisation has breached the agreement and the court wants the parties to put forward proposals to cure the organisation’s non-compliance, by agreement between the parties as invited by the court, accordingly (see Practice Notes: Financial penalties as a term of a DPA— Late payment and breach of a DPA and Breach of a DPA) where a...
Fixed or variable orders The court can stipulate fixed adjustments to take place at set future dates without the need for a further order. It can also allow for changes to the level of payments to be revisited on a subsequent application. Only the second category is termed a variable order; with the first, it is the payments that alter, not the order itself. NOTE: The Explanatory Notes to the Ogden tables give an illustration of when fixed adjustments may be suitable, for example where assumed future wage growth should be taken into account, or where residual earning capacity is expected to shift. Nothing alters that is directly pertinent to the variable order. A variable order may be granted when, at judgment, it is shown that the claimant might later suffer an additional serious illness or marked deterioration (for instance epilepsy or a syrinx)...
Regulatory Enforcement and Sanctions Act 2008 The Regulatory Enforcement and Sanctions Act 2008 introduced new powers enabling regulators to address offences using six distinct forms of civil sanction, rather than initiating formal prosecutions. From 2010, the Environment Agency ( EA) and Natural England ( NE) were granted these powers in relation to a range of environmental offences. In 2015 the regime widened further, with the EA authorised to accept enforcement undertakings in respect of environmental permitting offences. In England, the Environmental Civil Sanctions ( England) Order 2010, SI 2010/1157 applies; in Wales, the Environmental Civil Sanctions ( Wales) Order 2010, SI 2010/1821 applies. Schedule 5 to each instrument specifies the sanctions available for particular offences set out in those orders. The EA commenced use of its civil sanctions powers on 4 January 2011, with NE following on 3 January 2012. Since 1 April 2013,...
THIS PRACTICE NOTE APPLIES IN RELATION TO DEFINED BENEFIT LIABILITIES How defined benefit ( DB) liabilities ought to be assessed depends on a number of factors, in particular: the valuation approach to be adopted. Common exercises undertaken comprise the following: scheme-specific funding valuations as required under Part 3 of the Pensions Act 2004 ( Pe A 2004) solvency (or buy-out) valuations as required by the Occupational Pension Scheme ( Scheme Funding) Regulations 2005, SI 2005/337, reg 7 valuations required by the Pe A 2004, ss 143 and 179 (often described respectively as s 143 valuations and s 179 valuations) neutral estimates to meet the requirements of Technical Actuarial Standard 300 ( Pensions) cash...
What is a Value Creation Plan? A Value Creation Plan ( VCP) is an employee incentive crafted to deliver exceptionally large pay-outs when very demanding share price targets are met. Awards may take the form of: a cash bonus; or a share-based arrangement (such as a conditional share award or a nil cost option), which can be settled in shares or cash. In every case, vesting is driven mainly by ambitious share price growth requirements over the performance period—usually at least five years, reflecting investor expectations that a VCP should generate substantial and sustainable value over a five-year period—with additional measures commonly operating alongside. Most often, the pay-out on a vested award is calculated as a percentage of the value created above the relevant share price hurdle, and is capped. To date, VCPs have largely been implemented as one-off programmes by fully listed...
Why are valuations necessary? Broadly, valuations for schemes of arrangement or Part 26A restructuring plans serve to contrast projections of (i) what creditors and shareholders recover within the scheme/plan against (ii) the business value and associated recoveries if no scheme/plan proceeded. The setting and method of sale can profoundly influence proceeds or value achieved on disposal. Because sale routes differ, the realised figure may vary markedly. When delivering a valuation, a valuer must adopt assumptions about how and in what circumstances an imagined sale would take place, including the route to market, timing and prevailing conditions. Accordingly, valuation exercises typically weigh the expected distributions under the proposed scheme or plan against the counterfactual position were the scheme or plan not implemented. For schemes or restructuring plans—often concerning financially stressed companies that may otherwise enter administration or...
This Practice Note explains when a validation order should be sought and sets out the steps to be taken. Why might an application for a validation order need to be made? Under section 127 of the Insolvency Act 1986 ( IA 1986), any disposition of a company’s property after the start of a winding up is void. Examples of dispositions include: payments from a bank account; on learning of a winding-up petition, a bank will often freeze the account, preventing trading payment of wages, salaries and other routine day-to-day expenditure by the company disposal of a company asset, for example a land transaction Whether or not the disposition is at full market value is immaterial: it may still fall within IA 1986, s 127. Although IA 1986, s 127 renders void dispositions of the company’s property after winding up has commenced, this does not extend to...
Vacating a guilty plea Setting aside a guilty plea is a nuanced yet crucial remedy available in both the magistrates’ courts and the Crown Court. This Practice Note offers direction to applicants wishing to set aside a guilty plea, outlining the procedural steps and substantive bases needed to justify withdrawing it. It further considers circumstances in which an appellate court may invalidate a plea when hearing an appeal against conviction entered on a plea of guilty. The early guilty plea scheme in England and Wales aims to make the system more efficient by promoting earlier admissions in return for a reduction in sentence (see Practice Note: Credit for guilty plea). Yet, the scheme can at times leave defendants feeling under pressure, or insufficiently advised, when deciding how to plead. Consequently, such influences can prompt some to attempt to retract their plea(s) later on. Both the...
Vacant possession Vacant possession is a central concept in property law, arising on both the sale of land and at lease expiry under the covenant to yield up at the end of the term. It is often especially significant in conditional lease break options. This Practice Note explains what vacant possession involves in practice, and the steps a tenant or seller must take to deliver possession to a landlord or buyer. For guidance on bringing to an end the range of interests a developer may face when seeking vacant possession of a potential development site—including commercial leases with protection of Part II of the Landlord and Tenant Act 1954 ( LTA 1954), residential tenants (including security of tenure under the Housing Act 1988), licensees and telecoms operators—and how those interests may be terminated and vacant possession recovered, see Practice Note: strategy for...
Popular documents
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 ]...
Discover more from LexisNexis
