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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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This Practice Note offers practical guidance on digital trade under the UK‑ EU Trade and Cooperation Agreement ( UK‑ EU TCA). It covers the following topics: scope of digital trade customs duties prior authorisation requirements formation of contracts by electronic means electronic authentication transfer of and access to source code online consumer trust direct marketing communication open government data cooperation on regulatory issues relating to digital trade the understanding on computer services Introduction Following the UK’s decision to leave the European Union’s internal market ( Brexit), the parties concluded a free trade agreement in December 2020. The UK‑ EU TCA is wide‑ranging, addressing not only trade in goods but also services, investment, competition, and numerous other Brexit‑related matters. Among these is digital trade. Under the UK‑ EU TCA, the digital trade chapter applies to all...
ARCHIVED: This Practice Note has been archived and is not maintained. It brings together major milestones on cross-border services between the UK and the EU, as well as a chronology of the UK/ EU talks over their future trade relationship from exit day (31 January 2020) through to IP completion day (31 December 2020). For guidance on how IP completion day affects services trade, see the Practice Notes: What does IP completion day mean for Commercial? and What does IP completion day mean for the supply of services? STOP PRESS: On 24 December 2020, the European Commission and the UK government declared an agreement in principle on the legal framework for the future UK– EU relationship. Announced just a week before IP completion day, the EU– UK Trade and Cooperation Agreement ( TCA), together with related agreements, arrived at the last minute, leaving minimal time to...
Introduction and background From 1 November 2024, a refreshed UK securitisation regime took effect, annulling and supplanting the onshored EU legislative framework (the new UK framework). Although the new UK framework broadly preserves the substance of the prior onshored EU rules, notable policy shifts have been introduced. Nevertheless, there are material alterations in policy and emphasis to be aware of today too. Departing from the earlier approach, rule-making authority now sits with the Financial Conduct Authority ( FCA) and the Prudential Regulatory Authority ( PRA). This Practice Note highlights areas of divergence between the new UK framework and the current EU regime, notably scope, who qualifies as institutional investors, risk retention, transparency, due diligence and STS designation. It offers only a high-level overview of these points and is not an exhaustive catalogue of every present difference between the two regimes. As the new UK...
On 23 June 2016, the United Kingdom held a referendum on its EU membership, with a majority opting for the UK to leave the EU. On 29 March 2017, the Prime Minister sent formal notice of the UK’s intention to withdraw, setting in motion the Article 50 TEU process. At 11 pm on 31 January 2020 (exit day), the UK’s withdrawal took effect in law and the UK ceased to be an EU Member State. Exit day signalled the close of the Article 50 withdrawal phase and the beginning of a time-limited transition/implementation period, during which the interim arrangements in Part 4 of the Withdrawal Agreement applied. These transitional measures created a standstill period while the UK and the EU set about implementing the Withdrawal Agreement and negotiating the legal terms governing their future relationship, to apply after the transition ended. The EU- UK Trade and...
This Practice Note offers practical guidance on Joint Committee Decision No 1/2023, which gives legal force to the Windsor Package. Accordingly, it addresses the application of EU regulation in Northern Ireland, protection of the EU and UK’s internal markets, the green lane for movement of goods between the UK and Northern Ireland, the movement of parcels, the requisite authorisations, as well as reporting obligations for the movement of goods. Introduction On 27 February 2023, the UK Prime Minister and the EU Commission President reached an agreement on the Northern Ireland Protocol, known as the ‘ Windsor Package’. This was a political conclusion that required legal text to give it effect. That text has now been approved: on 24 March 2023 the Joint Committee adopted Decision No 1/2023. The Joint Committee consists of UK and EU representatives and is co-chaired at ministerial level by members of the EU...
ARCHIVED: This Practice Note is archived and no longer updated. It brings together the principal developments concerning the import and export of goods between the UK and the EU, alongside a chronology of the UK/ EU negotiations on their future trade relationship, covering the period from exit day (31 January 2020) through to IP completion day (31 December 2020). For information on the effect of IP completion day on the trade in goods, see Practice Notes: What does IP completion day mean for Commercial? and What does IP completion day mean for supply of goods? STOP PRESS: On 24 December 2020, the European Commission and UK government confirmed an agreement in principle on the legal basis for the future UK- EU relationship. Announced just a week before IP completion day, the EU- UK Trade and Cooperation Agreement ( TCA), together with associated...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill obtained Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025), with parts commencing that same day. Some sections—covering, among other things, how to handle data subject access requests and granting powers to make further regulations—took effect immediately on 19 June 2025. Other measures, relating to notices issued by the Information Commissioner and certain elements of law enforcement processing, began on 19 August 2025, exactly two months after Royal Assent. The bulk of DUAA 2025 will only commence once further regulations, in the form of statutory instruments, are made. Parts 5 and 6 update aspects of UK data protection and e Privacy law, including the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018, and the Privacy and...
ARCHIVED: This archived Practice Note sets out details of the Data Protection, Privacy and Electronic Communications ( Amendments etc) ( EU Exit) Regulations 2019, SI 2019/419, together with the Data Protection, Privacy and Electronic Communications ( Amendments etc) ( EU Exit) Regulations 2020, SI 2020/1586, plus salient elements of the EU- UK Withdrawal Agreement and the EU- UK Trade and Cooperation Agreement insofar as they concern data protection. It is no longer updated and is provided for background only. For guidance on continuing divergence between data protection requirements under the GDPR frameworks, refer to Practice Note: Introduction to the EU GDPR and UK GDPR. This Practice Note examines how Brexit affects routine processing of personal data under the General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), which took direct effect in the UK and all other EU Member States on 25 May 2018, and,...
ARCHIVED This Practice Note is archived and no longer maintained. This Practice Note reviews the evidence-taking rules as they apply between the UK’s departure from the EU on 31 January 2020 and the end of the implementation period, which the EU refers to as the transition period. It explores whether the implementation period can be extended, assesses the application of the evidence-taking regime under Regulation ( EC) 1206/2001—the Taking of Evidence Regulation—during that period, and outlines the position beyond the implementation period. Definitions This Practice Note uses the following definitions: European Union ( Withdrawal) Act 2018— EU( W) A 2018 European Union ( Withdrawal Agreement) Act 2020— EU( WA) A 2020 exit day—is defined in EU( W) A 2018, s 20 implementation period—is defined in EU( WA) A 2020, s 1......
Background The United Kingdom Continental Shelf ( UKCS) comprises a intricate web of infrastructure evolved over many decades, much of it tailored to the requirements of individual fields, alongside a series of trunk lines. Over time, spare capacity has progressively appeared in pipelines and in processing plant on platforms. At the same time, as a mature basin, the UKCS is seeing smaller discoveries, and few fields remain large enough to justify building wholly new infrastructure. As a result, most new projects need to access third-party systems to reach the shore. In some situations, this involves tapping several separate links along an export route. On the surface, this promises a strong opportunity for both new field owners and infrastructure proprietors. Yet difficulties arise. For many new fields, options for export routing are limited, meaning normal competitive market dynamics may not function...
Infrastructure across the United Kingdom Continental Shelf ( UKCS) is intricate and tailored to the characteristics of each field. A web of connected pipelines carries hydrocarbons either to shore or to an offshore loading point. Along the way, these streams are processed or refined before entering the National Transmission Service or being sold into the market. Maps showing UK offshore infastructure The following maps from the North Sea Transition Authority ( NSTA), formerly the Oil & Gas Authority, help trace the path of individual fields to shore: NSTA map of UKCS offshore infrastructure NSTA offshore interactive map Key pipelines West of Shetland WOSPS ( West of Shetland Pipeline System): Schiehallion Field to Sullom Voe Terminal ( SVT); liquids pipeline; gas then routed via East of Shetland Pipeline System ( EOSP), Northern Leg Gas Pipeline ( NLGP) and Far North Liquids and...
The Master Deed is the standardised mechanism used across the United Kingdom Continental Shelf ( UKCS) to formalise asset transfers. It is long-established and addresses two strands: (i) pre-emption, and (ii) standardised transfer arrangements. Its four principal objectives are to: bring existing pre-emption provisions into a common form provide pro-forma transfer arrangements cut complexity around document execution, and deliver greater certainty over completion timing Structure The concept is embedded in the main body of the Master Deed, but most day-to-day operative provisions sit in the schedules, arranged as follows: main body — appoints the Administrator to operate the Master Deed processes and provides for new parties to join via a Deed of Adherence schedule 1 — lists the Contracting Parties at the date of signature schedule 2 — New Transfer Arrangements — whose Annexes include the Execution Deed schedule 3 — New Pre- Emption Arrangements, and schedule 4 — Deed of...
Pipeline Transportation on the United Kingdom Continental Shelf ( UKCS) On the United Kingdom Continental Shelf ( UKCS), pipeline transport is delivered via a number of major lines, each owned and run by independent joint ventures (see Practice Note: Transportation—transportation pipelines and terminals in the UKCS). Consequently, every network applies its own commercial terms and contractual framework. As such, each system maintains distinct commercial and contractual features. This note provides a high-level outline of the principal agreements a petroleum Shipper may need to put in place, together with some of the Transporter’s key contractual arrangements. Pre-transportation contracts Before a Transportation Agreement is concluded, a Shipper might enter into some or all of the following, depending on the circumstances: Confidentiality Agreement — covering discussions between the Shipper and Transporter, including any indicative terms and/or heads of terms agreed between the parties Study...
Oil & Gas— UKCS licensing regime Regulatory body Up to 2016, oversight of the UK’s oil and gas resources chiefly sat with the Department of Energy and Climate Change ( DECC), acting for the Secretary of State. Following Sir Ian Wood’s review of UK Continental Shelf ( UKCS) oil and gas recovery (the Wood Review), government created an independent regulator—now the North Sea Transition Authority ( NSTA)—to assume DECC’s licensing and regulatory duties in respect of all oil and gas exploration and production activities on the UKCS. This restructuring transferred responsibility for those matters from DECC to the new body. Until 21 March 2022 the NSTA operated under the name Oil and Gas Authority ( OGA), which remains the company’s formal legal name and continues to appear in some legislation. The NSTA began taking on these roles from DECC on 1 April 2015, at first as an...
This Practice Note offers practical guidance on the commitments undertaken in the Australia United Kingdom Free Trade Agreement ( Aus- UK FTA). It sets out which professional services fall within scope, the objectives and breadth of the commitments, and outlines the working group and the Legal Services Regulatory Dialogue. Introduction The Aus- UK FTA entered into force on 31 May 2023. It provides more preferential access than the Most Favoured Nation treatment that applied before the Aus- UK FTA. For guidance on MFN treatment, see Practice Note: An introduction to the basic principles of trade. The Agreement covers trade in goods as well as services, investment, intellectual property and government procurement, alongside chapters addressing issues such as the environment, gender equality and development. This Practice Note focuses specifically on trade in professional services. For guidance on services generally, see Practice Note: Trade in services in the Aus- UK...
This Practice Note offers practical guidance on sanitary and phytosanitary ( SPS) measures within the Australia and United Kingdom Free Trade Agreement ( Aus- UK FTA). Introduction The Aus- UK FTA spans trade in goods and services, along with a range of matters linked to those areas. In respect of trade in goods, it covers: rules of origin. For guidance on rules of origin under the Aus- UK FTA, see Practice Note: Rules of origin of the Aus- UK FTA. For guidance on claiming origin under the Aus- UK FTA, see Practice Note: How to claim preference under the Aus- UK FTA customs procedure and trade facilitation technical barriers to trade, and trade remedies Chapter 6 of the Aus- UK FTA addresses SPS measures. Chapter 6 aims to: protect human, animal and plant life and health within the parties’...
Statutory framework Section 8 of the Financial Services Act 2012 ( FSA 2012) inserted section 22A into the Financial Services and Markets Act 2000 ( FSMA 2000). That provision enables HM Treasury, by order, to specify which regulated activities are treated as Prudential Regulation Authority ( PRA)-regulated activities. In March 2013 HM Treasury made the Financial Services and Markets Act 2000 ( PRA-regulated Activities) Order 2013 ( PRA RAO 2013), SI 2013/556. The Order confers on the PRA power to designate investment firms authorised to deal in investments as principal, so they fall within the scope of prudential supervision by the PRA. Statement of policy The Statement of Policy— Designation of investment firms for prudential supervision by the Prudential Regulation Authority explains how the PRA intends to approach the designation of investment firms, and the relevant matters the PRA will consider when...
This Practice Note presents a concise overview of the principal areas where UK and EU product regulation have diverged since the UK’s departure from the EU on 31 December 2020 ( IP Completion Day). It examines differences relating to product liability, product safety, remedial measures (including product recalls), and standards and conformity marking for general consumer products. Background Before the Brexit transition ended, UK product regulation was largely aligned with the EU, as significant domestic rules on product liability and product safety originated from EU law, including: the Consumer Protection Act 1987 ( CPA 1987), which implemented Directive 85/374/ EEC on liability for defective products (the EU Product Liability Directive or EU PLD) into UK law the General Product Safety Regulations 2005 ( GPSR 2005), SI 2005/1803, which implemented Directive 2001/95/ EC on general product safety (the EU General Product Safety...
This document sets out trackers and timelines capturing major developments and regulatory regimes affecting financial services firms in the UK, the EU and internationally. It covers (i) priority areas such as Brexit, sustainable finance and ESG, sanctions and the Consumer Duty, (ii) the principal EU financial services Directives and Regulations—tracking proposals, legislative progress, implementation and the corresponding UK regimes—and includes a horizon scanner with comprehensive, topic‑organised lists of upcoming developments presented in chronological order. UK and EU Financial Services regulation—timelines Alternative Investment Fund Managers Directive ( AIFMD)—timeline [ Archived]—this timeline sets out the key milestones for the Alternative Investment Fund Managers Directive 2011/61/ EU. AIFMD was introduced to establish a secure EU framework for the oversight and supervision of alternative investment funds, including hedge funds, private equity, venture capital funds, real estate funds and investment trusts. It was published in the Official Journal of the EU on 1...
The Youth Mobility Scheme The Youth Mobility Scheme is a temporary route that lets non‑ British and non‑ Irish nationals aged under 31 from listed countries or territories, or holders of certain forms of British nationality, live and work in the UK for two years. From 29 June 2023, the upper age ceiling for New Zealanders moved to 35 or under, following the UK– New Zealand trade deal. On the same date, New Zealand citizens also gained the option to extend their stay in the UK by a further year. From 31 January 2024, the 35 age cap was likewise applied to nationals of Australia, Canada and the Republic of Korea ( South Korea), with Australians and Canadians also able to extend for an extra year. The UK operates reciprocal arrangements with participating states, and the list is updated on a regular basis from time to time...
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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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