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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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ARCHIVED This Practice Note is archived and is no longer maintained. It was first produced for Lexis Practice Adviser, in the US. The charts present an at-a-glance summary of copyright terms (also known as copyright duration or duration of copyright) for works first published on or after 1 January 1978 (post-1978 works) and for works first published before 1 January 1978 (pre-1978 works), including whether renewal terms are needed or available. For a general overview of copyright law, see: US—copyright fundamentals [ Archived]. Post-1978 works All original works of authorship created and fixed in a tangible medium of expression on or after 1 January 1978 (the effective date of the Copyright Act of 1976) are automatically protected upon fixation. The duration varies by the nature of the work: Works of an individual author: life of the author plus 70 years Works of joint authorship: life of the...
This Practice Note was originally prepared for Lexis Practice Advisor®, in the US. It outlines the exclusive rights granted to US copyright owners: the ability to reproduce the protected work, to create derivative works, to distribute copies or phonorecords, to perform the work publicly (including by means of a digital audio transmission), and to display the work publicly. Explanation of exclusive rights Although people often speak of owning ‘a’ copyright in a work, copyright is in fact a bundle of six distinct and independent rights held exclusively by the owner, ie a monopoly over those rights, for the period during which copyright remains in effect. Exclusivity means only the copyright owner may carry out, or authorise others to carry out, any of the six activities set out in Section 106 of the Copyright Act. If someone other than the owner engages in one of those...
This Practice Note explores the implications of the US Supreme Court’s decision in Harrington v Purdue Pharma LP, 144 S. Ct. 2071 (2024), which struck down the availability of non‑consensual third‑party releases, for the recognition and enforcement of those releases in Chapter 15 proceedings. Although the Purdue ruling still bars such releases in US Chapter 11 matters, numerous foreign insolvency regimes authorise non‑consensual third‑party releases. Before Purdue, US bankruptcy courts in Chapter 15 routinely and consistently recognised and enforced foreign proceedings and plans containing non‑consensual releases (see Practice Note: US Chapter 15 overview). After Purdue, Chapter 15 courts have, in practice, largely continued this approach, where justified under sections 1521 and 1507 of the Bankruptcy Code, applying comity and Chapter 15’s objectives, though some courts have more closely reviewed efforts to broaden relief beyond what the foreign court approved. This Practice Note...
This Practice Note does not claim to cover the full scope of relief that might be secured by a foreign representative, nor every intricacy that can arise in multi‑jurisdictional insolvency situations. Because Chapter 15 matters are profoundly fact‑dependent and turn in large measure on the foreign jurisdiction’s insolvency framework, as well as how closely it aligns with the Bankruptcy Code, Chapter 15 jurisprudence—and the relief available to a foreign representative—continues to develop. The Practice Note sets out Chapter 15 as follows: Chapter 15 background Chapter 15 key terms and concepts Chapter 15 synopsis Chapter 15 background Comity Comity is the foundational legal doctrine that underpins Chapter 15. It is not a rigid concept; its reciprocal character and political dimensions render its boundaries flexible and, at times, uncertain. Nevertheless, it is a doctrine that the diligent Chapter 15 lawyer must...
Debtor-in-possession ( DIP) financing involves a debtor arranging, typically on a secured basis, a loan from one or more lenders to keep the business running through its bankruptcy. Ready access to cash is essential: the debtor must pay staff, obtain required inventory, satisfy rent, meet professionals’ fees arising in the case, and discharge ordinary course liabilities. The bankruptcy court must authorise any unsecured post‑petition borrowing outside the ordinary course that is to be treated as an administrative expense (see 11 U. S. C. § 364(b)), as well as any post‑petition financing secured by estate property (see 11 U. S. C. §§ 364(c)–(d)). This Practice Note offers counsel an in‑depth analysis with practical tips on the key elements and issues of DIP financing, including: Parties to a DIP financing Obtaining credit under section 364 of the Bankruptcy Code Court approval of DIP...
NOTE—to check whether notification thresholds in Uruguay and around the globe are triggered, see further: Where to Notify. 1. What recent changes affect the Uruguayan merger control regime, what updates are anticipated over the next year, and are there any other ‘hot’ merger control topics in Uruguay? Recent reforms to the Uruguayan merger control regime Since 2021, Uruguay has enacted a series of statutes—namely Act No. 20,075, Act No. 20,212, and Act No. 20,446 (the Reforms)—which amend Act No. 18,159 on the Promotion and Defence of Competition 15/2007 ( Competition Act 2007), itself previously revised by Act No. 19,833 and Act No. 19,996. These measures brought significant adjustments to the country’s merger control framework, such as: changes to the review timelines applicable to the Enforcement Body; clarifying the moment the statutory review clock starts to run; creating additional extensions for particularly complex filings;...
General position regarding land contamination and water pollution There is ordinarily no blanket duty on polluters, owners or occupiers of contaminated land to carry out remediation, nor even to alert the regulators, unless a legal or contractual trigger in this Practice Note bites. Examples include: an environmental permit condition obliges the operator to act at once or to inform the regulators the contamination, water pollution or harm to protected nature sites amounts to “environmental damage” or there is an “imminent threat” of such damage urgent steps are necessary to protect the health and safety of employees or others who could be impacted Accordingly, in many situations there is no statutory requirement to clean up contaminated land, let alone to take immediate measures. Voluntary urgent remediation Given how pollution and waste offences are framed, anyone causing, or knowingly permitting, the harm would be prudent to act...
Introduction On occasion, it becomes necessary to make an urgent application to the Court of Protection in one of two scenarios: when no proceedings are on foot, yet urgent relief from the court is required before the preliminary steps to issue can be completed; or when proceedings are already underway and an unforeseen development means the court must be approached swiftly during those proceedings In essence, the same principles apply in either scenario (and they apply equally whether the application concerns the person’s health and welfare or their property and affairs). Under Practice Direction 3B on case pathways ( PD 3B), more formal requirements govern how the first category above should be brought. See Practice Note: Making an application to the Court of Protection. The particular requirements for medical treatment cases (despite their inclusion within the personal welfare case management pathway) are covered in...
Sewage disposal Sewage disposal in England and Wales is mainly governed by the Urban Waste Water Treatment ( England and Wales) Regulations 1994, SI 1994/2841, which give effect to the Urban Waste Water Treatment Directive 91/271/ EEC (as amended). For a summary of that Directive, see Practice Note: Urban Waste Water Treatment Directive 91/271/ EEC—snapshot. Under regulation 4 of the 1994 Regulations, the duties on sewerage undertakers in section 94 of the Water Industry Act 1991 are reinforced by obligations to ensure that “collecting systems” are in place by set dates, and to ensure that urban waste water entering those systems receives treatment in line with regulation 5. For more on WIA 1991, s 94, see Practice Note: Sewers and drains—sewerage undertakers’ core duties and powers. Every sewerage undertaker must produce, publish and keep up to date a drainage and wastewater management plan ( DWMP). This is a...
The purpose and scope of petroleum agreements For a private sector participant (the ‘investor’) to undertake oil and gas exploration and production ( E& P) onshore or offshore, the investor must secure approval from the ultimate owner of the hydrocarbons, which is ordinarily the host state. State ownership may arise under a constitution (for example, Iran) or pursuant to statute (for example, the UK). Such approval is generally structured in one of three ways—though numerous hybrids combine elements of these models: a concession (in contemporary usage, a licence or a lease), a production sharing contract (a ‘ PSC’), or a service contract. In this Practice Note, these arrangements are collectively termed ‘petroleum agreements’. A petroleum agreement sets the parameters within which an investor conducts E& P operations in a specified area. It typically covers a broad array of matters, the key ones being...
CASE HUB ( NOTE—appeal lodged by Commission at Court of Justice in Case C- 265/17 P) ARCHIVED —this archived case hub reflects the position at the date of the judgment of 7 March 2017; it is no longer maintained. See further: timeline, commentary and related/similar cases Case facts UPS brought an action before the General Court to annul the Commission’s decision of 30 January 2013 that blocked its planned acquisition of TNT ( Case M.6570), challenging the prohibition measure imposed on the transaction. Outline On 7 March 2017, the General Court annulled the Commission’s decision due to a procedural defect. The Court found that UPS’s rights of defence were breached because the Commission relied on an econometric analysis that, in its final form, had not been discussed with the parties during the administrative phase. This case stands out as merger prohibitions by the Commission are uncommon, and...
This Practice Note sets out the procedures and approach for property-related matters in the Upper Tribunal ( Lands Chamber) ( UT), and identifies the types of cases the UT may hear. These include: claims brought under the Electronic Communications Code; applications to vary or remove restrictive covenants; matters concerning rights of light; and appeals from the First-tier Tribunal, the Valuation Tribunal in England, and the Residential Property, Leasehold Valuation and Agricultural Land Tribunals in Wales... The Tribunals system The Tribunals system offers a dispute resolution forum that complements, and forms part of, the wider court framework. It is administered by HM Courts and Tribunals Service ( HMCTS) and is governed by the Tribunals, Courts and Enforcement Act 2007 ( TCEA 2007). Part 1 of TCEA 2007 created a two-tier structure made up of the First-tier Tribunals and the Upper Tribunals. A chart...
This Practice Note examines the validity of arbitration agreements, concentrating on the law of England and Wales (with ' English' and ' England' used as shorthand throughout), while also drawing on comparative examples from other jurisdictions. It should be read in conjunction with the Practice Notes: Arbitration agreements—definition, purpose and interpretation; Arbitration agreements—the in writing requirement; and Arbitration agreements—content. Requirements of an arbitration agreement Under English law, an arbitration agreement must, among other requirements, be in writing and sufficiently certain to be enforceable—see the Practice Notes mentioned above. The Arbitration Act 2025 inserts AA 1996, s 6A (law applicable to the arbitration agreement). If the parties want the arbitration agreement to be governed by a law other than the law of the seat, they must make an express choice; a governing law clause for the principal contract does not, by itself, amount to an express choice of law for...
FORTHCOMING CHANGE relating to the modernisation of stamp taxes on shares framework: In 2027, stamp duty and SDRT are set to be superseded by a single, self‑assessed tax on securities — the securities transfer charge ( STC) — to be paid and reported via a new online portal. The STC’s core features are expected to broadly reflect the proposals consulted on in 2023. Finance Act 2026 ( FA 2026) confers a power for secondary legislation to let taxpayers trial the digital service, self‑assessing their stamp taxes on securities liabilities and submitting transactions electronically. For further details on the modernisation of stamp taxes on securities, see: News Analyses: Budget 2025— Tax analysis— Stamp and transfer taxes Tax update spring 2025— Stamp taxes on shares modernisation Tax update spring 2025— Tax analysis— Stamp and transfer taxes TAMD 2023— Stamp taxes on shares...
Note: For collisions after 1 March 2017, the Motor Insurers’ Bureau ( MIB) will meet claims for damage to an uninsured motorist’s car where another untraced driver caused it. The government said this amendment was required to comply with the EU Motor Insurance Directive and that the changes would be revoked following Brexit. The untraced driver Where the motorist who causes a crash cannot be identified, for example after a hit-and-run, the claimant should apply straight to the MIB. Under the terms of the applicable agreement, the MIB will compensate a victim of an accident involving an untraced driver for: injuries death property damage The Untraced Drivers’ Agreement 2017 covers accidents on or after 1 March 2017. For accidents on or after 14 February 2003 and before 1 March 2017, the Untraced Drivers’ Agreement 2003 applies. Before that, claims concerning untraced drivers fell under the...
Unreasonable behaviour in divorce proceedings issued prior to 6 April 2022 The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) took effect on 6 April 2022. Proceedings issued by the court on or after that date fall within DDSA 2020 and the procedural reforms made to the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. For additional guidance, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued on or before 5 April 2022 continue under the pre- DDSA 2020 law, whether started through the digital system or by paper forms. These applications are unaffected by the commencement of DDSA 2020 and the consequential changes to procedure. The same applies irrespective of the mode of submission. This document sets out the position for proceedings begun before 6 April 2022. DDSA 2020 prompted consequential legislative amendments, including revisions to FPR 2010, Pt 7. To...
This Practice Note sets out the practical measures a tenant should take to renew its business tenancy under the Landlord and Tenant Act 1954 ( LTA 1954) where the landlord does not object. It outlines how to serve a section 26 request for a new lease or respond to a landlord’s section 25 notice, the time limit for starting proceedings, agreeing extensions to that statutory limit, the required form and content of the claim, the correct court for issue, how to answer the claim, and the subsequent stages of the lease renewal process. Check LTA 1954 applies Before acting, confirm that LTA 1954 applies per s 23, namely: there is a periodic or fixed-term tenancy; the LTA 1954 does not cover, for example, a licence or a tenancy at will the tenant occupies at least part of the premises that...
This Practice Note outlines the practical actions a landlord should take when handling a business lease renewal under the Landlord and Tenant Act 1954 ( LTA 1954) in circumstances where it does not resist the grant of a fresh tenancy to the tenant. It sets out guidance on serving a section 25 notice or addressing the tenant’s section 26 request, the time limit for commencing proceedings, agreeing extensions to the statutory timetable, the form and content of the claim, where to issue, responding to the claim, and the next stages in the lease renewal proceedings. It explains deadlines for issuing proceedings and how to agree extensions to the statutory deadline. Check LTA 1954 applies Before taking any step, confirm the tenancy meets LTA 1954, s 23 requirements, namely: there is a periodic or fixed-term tenancy; LTA 1954 does not apply to, e.g., a licence or...
In this Practice Note, 'cohabitant' denotes an unmarried partner (excluding a civil partner) of a member. This Practice Note also references the European Convention on Human Rights ( ECHR) and its relevance. The ECHR is an international treaty ratified by the UK in 1951. It became enforceable domestically through the Human Rights Act 1998, which gives legal effect to the rights guaranteed by the ECHR, giving effect to the rights contained within it. Rulings of the ECt HR are not binding; however, the Human Rights Act 1998 provides that UK courts must take into account any judgment, decision, declaration or advisory opinion of the ECt HR. As the ECHR is incorporated into UK law via the Human Rights Act 1998, neither Brexit nor the Retained EU Law ( Revocation and Reform) Act 2023 alters the UK’s position in respect of the ECHR. For details on the pension...
This Practice Note outlines the key characteristics of an unlimited company and explains why an unlimited company might be chosen as the vehicle for carrying on a business rather than a limited company... What is an unlimited company? An unlimited company is a private company whose members are not restricted in their liability to contribute towards the company’s obligations on a winding up. An unlimited company cannot be a public company. It may exist with or without share capital. Where shares are issued, they provide working capital and indicate each member’s rights, but they do not cap members’ liability... Why incorporate as an unlimited company? Members of unlimited companies do not enjoy one of the commonly cited advantages of incorporation over being self-employed or operating as a partnership: limited liability. Consequently, if the company is wound up, members themselves must meet any debts,...
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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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