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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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FORTHCOMING DEVELOPMENT: Regarding the ‘ Earned Settlement’ plans, the Home Secretary stated in November 2025 that BN( O) status holders would retain a five-year route to settlement, set against a new default of ten years’ residence for the majority of other migrants. They must nevertheless satisfy the compulsory contribution criteria. At the date of writing, the Earned Settlement measures are still subject to consultation. The Hong Kong British National ( Overseas) ( BN( O)) visa pathway was brought in by the UK government in response to alterations to Hong Kong’s national security laws imposed by the Chinese authorities in 2020. For more on the background and the rollout of the route, see News Analysis: The UK’s decision to extend residence rights for British Nationals ( Overseas) citizens in Hong Kong. The route opened to all applicants on 31 January 2021. However, from 1 July 2020,...
ARCHIVED - this archived case hub reflects the position as at the judgment dated 27 January 2021; it is no longer maintained. See also timeline and related/relevant cases Case facts Outline A third‑party challenge before the General Court seeking to overturn the Commission’s second conditional approval of Liberty Global’s acquisition of Ziggo. Latest development On 27 January 2021, the General Court delivered its judgment and dismissed the appeal in full. Parties Applicant: KPN, a Dutch provider of fixed and mobile telecoms and TV services Defendant: European Commission (the Commission) Background Transaction On 27 January 2014, Liberty Global agreed to acquire the remaining shares and control of Ziggo for €10bn. At that time, Liberty Global already held 28.5% of Ziggo’s shares. Commission’s 2014 investigation The Commission was notified of the concentration on 14 March 2014. The matter was sent to a phase II review on 8 May 2014. During phase I, the Dutch...
CASE HUB ARCHIVED-this archived case hub reflects the position at the date of the judgment of 20 April 2023; it is no longer maintained. See further, timeline. Case facts Outline A reference from Spain sought clarification on the extent to which decisions of competition authorities-finding certain of the applicant’s supply agreements unlawful-bind domestic judges. Latest developments On 20 April 2023, the Court of Justice delivered its ruling confirming that: (i) as regards Article 101 TFEU (given effect by Article 2 of Regulation 1/2003 and interpreted alongside the principle of effectiveness), where a final decision of a national competition authority identifies a breach of competition law, that infringement is to be treated as proven by the claimant in actions for damages or for a declaration of nullity unless disproved by the defendant; this holds only if the nature of the infringement and its material, personal, temporal and...
ARCHIVED - this archived case hub reflects the position at the date of the judgment of 15 July 2022; it is no longer maintained. See further, timeline. Case facts Outline of the CAT’s judgment concerning a standalone damages claim alleging abuse of a dominant position in the UK market for the sale and hire of academic dress for graduation ceremonies, said to result from exclusivity agreements. Latest development On 15 July 2022, the CAT handed down its judgment. The two applications before the CAT related to follow-on damages claims concerning the infringement identified in the Commission’s 2016 decision. The application brought by the claimants was filed on 26 June 2020. Parties Claimants Churchill Gowns Limited Student Gowns Limited (together, Churchill) Defendants Ede Ravenscroft Limited ( ERL) Radcliffe & Taylor Limited ( R& T) WM. Northam & Company Limited ( Northam) Irish Legal and Academic Limited ( ILA) (together, the E&...
Status of the UK This document has been archived and is no longer updated. From exit day (31 January 2020) the UK ceased to be an EU Member State. Nonetheless, under the Withdrawal Agreement, the UK moved into an implementation period during which EU law continued to apply. During that time, EU law continued to bind the UK. In many Brexit SIs, references to exit day should be construed as referring to IP completion day ( Implementation Period completion day, as defined in clause 39 as 31 December 2020 at 11.00 pm) (unless that provision is expressly disapplied by the SI in question). For more information, see News Analysis: Brexit-impact of the Withdrawal Agreement and European Union ( Withdrawal Agreement) Act 2020 for R& I lawyers and Brexit Bulletin-key updates, research tips and resources. This Practice Note examines the implications of Brexit for...
Advertising and marketing- Turkey- Q& A guide [ Archived, 2022 edition] This Practice Note provides a jurisdiction-specific Q& A on advertising and marketing in Turkey, issued as part of the Lexology Getting the Deal Through series by Law Business Research (published: August 2022). Authors: CETINKAYA- Ozgur Altintas; Mina Yanik; Sila Ozge Sayli; Aleyna Peker 1. What are the principal statutes regulating advertising generally? The overarching rules for advertising in Turkey are laid down in Law No. 6502 on the Protection of Consumers ( Consumer Law), the Commercial Advertising and Unfair Commercial Practices Regulation, grounded in the Consumer Law, and Law No. 6112 on the Establishment of Radio and Television and Broadcasting Services. Moreover, further legislation and secondary rules contain specific, bespoke provisions for differing media channels and product categories. 2. Which bodies are primarily responsible for issuing advertising regulations and enforcing rules on...
Tax Brexit News Analysis Lexis Nexis® Tax has issued News Analysis on a range of matters concerning the implications of Brexit, summarised below. 11/04/2023 - The Windsor Framework Tax analysis: The agreement between the UK and EU to revise the Northern Ireland Protocol, ‘ The Windsor Framework’, signals substantial shifts to trade with Northern Ireland and carries consequences for VAT and excise provisions. Announced by the UK government on 27 February 2023, it seeks to resolve perceived deficiencies arising from the Protocol. This article explores updates to the new UK internal trade scheme, the roll-out of green and red lanes, and the VAT and excise position for goods. Produced in partnership with Mark Rowbotham MA FCILT of Portcullis ISC. 23/03/2022 - Court of Appeal rules pre- Brexit references to the Court of Justice remain binding on UK courts ( HMRC v Perfect) Tax analysis: In Perfect, the Court of...
A benevolent fund is an institution, including a body of trustees, that holds money on trust to alleviate poverty within a defined class of individuals. The connection between members of that class might be: a shared employer (as in Gibson) a common trade or profession membership of a particular members’ club (as in Re Young) an unincorporated association or friendly society (as in Re Buck) a common family member - the ‘poor relations’ cases (as in Re Compton) Most benevolent funds are registered charities. However, a benevolent fund will only be charitable, with all the associated advantages of charitable status (not least in relation to taxation), if it meets the requirements of the Charities Act 2011 ( CA 2011). Benevolent funds can be set up, and accumulate their assets, in a variety of ways, as...
The EU has set ambitious goals to realise ‘ A Europe Fit for the Digital Age’, steering the Union’s digital transformation. Counted among the six European Commission priorities for 2019–2024, this Practice Note outlines the principal measures advanced by the Commission to meet this aim. For fuller detail on headline EU digital actions, see Practice Note: Key EU digital initiatives-summary. Timeline On 19 February 2020, the European Commission adopted ‘ Shaping Europe’s Digital Strategy’, a policy roadmap for the Union’s digital overhaul. This was followed on 9 March 2021 by the Communication ‘2030 Digital Compass: the European way for the Digital Decade’ ( Digital Compass Communication), which set out a vision to secure a successful EU digital transition by 2030. The 2030 targets rest on four cardinal points: digital skills digital infrastructures digitalisation of businesses ...
This Practice Note outlines guidance on altering, terminating or renewing a guardianship for a missing person under the Guardianship ( Missing Persons) Act 2017 ( G( MP) A 2017). For details on applying to appoint a guardian under G( MP) A 2017, see Practice Note: Making an application to appoint a guardian to manage the property and financial affairs of a missing person. For guidance on working under a guardianship order, the powers and responsibilities of a guardian, and how the Office of the Public Guardian ( OPG) oversees guardians, see Practice Note: Acting as a guardian for a missing person. Amending a guardianship order While a guardianship order is in force, circumstances may arise showing its terms are no longer suitable. The court may modify the order if satisfied that: the individual whose property or financial affairs are subject to the order remains...
The government brought the Building Safety Bill (the Bill) before Parliament in July 2021, aiming to act on the recommendations and principles set out in Dame Judith Hackitt’s Independent Review of Building Regulations and Fire Safety, and to tackle pressing building safety concerns exposed by the Grenfell Tower fire in July 2017. The government said the Bill would deliver the most significant overhaul of building safety regulation in a generation. The Bill secured Royal Assent on 28 April 2022, becoming the Building Safety Act 2022 ( BSA 2022). BSA 2022 makes fundamental changes to the legal and regulatory framework for building safety, intended to protect people in or around buildings and to raise building standards. Although, by virtue of BSA 2022, s 169(1), the Act extends to England and Wales, the parts of BSA 2022 addressed in this Practice Note do not apply in Wales (see BSA...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker sets out the present position and latest developments in significant cases of interest to corporate practitioners where judgment was given, or anticipated, in 2022. It includes leading matters before the High Court, the Court of Appeal and the Supreme Court. It is not a complete catalogue of cases heard in 2022. The tracker is organised into two sections: Ongoing cases, that is, matters subject to appeal Recent cases, arranged with the newest first For these purposes, CA 2006 denotes the Companies Act 2006. Ongoing cases Vald. Nielsen Holding A/ S v Baldorino [2019] EWHC 1926 ( Comm) Next court: Court of Appeal Subject: Share...
CASE HUB ARCHIVED -this archived case hub reflects the position as at the judgment of 17 February 2021 and is no longer maintained. See further, timeline, commentary and relevant/related cases. Case facts Outline An action for annulment before the General Court against the European Commission’s decision of 11 April 2020 approving a Swedish loan guarantee scheme to aid airlines under the Temporary Framework for State aid to support the economy during the COVID-19 outbreak ( SA.56812). Latest developments On 17 February 2020, the General Court delivered its judgment, rejecting the appeal in its entirety. It concluded, among other findings, that confining aid to airlines established in Sweden was suitable and proportionate, and that the scheme’s conditions did not exceed what was necessary to achieve its aims. The objectives were consistent with either Article 107(3)(b) or Article...
This Practice Note is aimed at commercial organisations in the UK. It explains the requirement to appoint a European representative under the EU GDPR. That requirement applies to most UK organisations that: do not have any EEA offices, branches or other establishments, and offer goods or services to, or monitor the behaviour of, individuals in the EEA It reflects the requirements of the EU GDPR, ICO guidance on European representatives and EDPB guidelines on the territorial scope of the GDPR. It also briefly addresses the parallel duty under the UK GDPR for EU organisations that do business in the UK to appoint a representative in the UK. When are you required to appoint a representative? You must appoint a European representative if you: are based in the UK have no offices, branches or other establishments in the EEA, and offer goods or...
This Practice Note offers practical, hands-on and accessible guidance on absorption and circumvention reviews carried out in anti-dumping inquiries and investigations. It sets out the legal foundations underpinning these reviews, explains how applications are made and how reviews are initiated, and outlines their conduct together with the range of possible outcomes that may follow. Introduction Once anti-dumping duties are in place, some exporters may attempt to sidestep them in practice, in real terms. One scenario is the imposition of an ad valorem anti-dumping duty, as an illustration. For direction on ad valorem duties, see Practice Note: An introduction to Trade in Goods. Typically, an ad valorem anti-dumping duty is stated as a percentage, commonly of the Free on Board ( FOB) price at export. Exporters can then blunt the duty’s effect by cutting their FOB prices further. This shows that an exporter can absorb the impact of a...
Meaning of solvent Rules governing payment of a deceased person’s debts, together with funeral and testamentary expenses, depend on whether the estate is solvent or insolvent. An estate is treated as solvent when its assets are enough to meet, in full, funeral, testamentary and administration expenses, plus all debts and liabilities. Whether legacies can be settled in full is immaterial when determining solvency. Where there is uncertainty about solvency, the personal representatives ( PRs) should consider applying the statutory hierarchy for insolvent estates in Schedule 6 to the Insolvency Act 1986, which prescribes the priority for paying the deceased’s debts and funeral and testamentary expenses. For guidance on that statutory order, see Practice Note: Payment of debts-insolvent estate. In a solvent estate, the rules for allocating debts and liabilities are contained in section 34 of the Administration of Estates Act 1925 ( AEA 1925). AEA 1925, Sch 1 Pt II...
1. What is the applicable legislation? Key laws regulating inbound investment in Portugal comprise: Regulation ( EU) 2019/452 of the European Parliament and of the Council of 19 March 2019, setting a framework for screening foreign direct investment into the Union ( EU FDI Regulation 2019), as updated by Commission Delegated Regulation ( EU) 2021/2126 of 29 September 2021 Regulation ( EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies that distort the internal market Legal Framework for National Strategic Assets, adopted by Decree- Law No. 138/2014 of 15 September 2014 ( Decree- Law 138/2014) Portuguese Companies Code, adopted by Decree- Law No. 262/86 of 2 September 1986, as amended In addition, several bilateral investment treaties ( BITs) can apply depending on the investor’s jurisdiction; Portugal has concluded these to mutually protect...
This Practice Note outlines the organisational, valuation and delegation obligations that stem from the Alternative Investment Fund Managers Directive ( Directive 2011/61/ EU) ( AIFMD). In the UK, these obligations were carried into law by the Alternative Investment Fund Managers Regulations 2013, SI 2013/1773 ( AIFM UK Regulations) and the Financial Conduct Authority ( FCA) Handbook-most notably the Investment Funds sourcebook ( FUND)-and are further supported by Assimilated Regulation ( EU) 231/2013 ( UK AIFM Level 2 Regulation). For a comprehensive summary of the UK AIFM regime, see Practice Note: UK regulation of alternative investment fund managers-essentials; for the corresponding EU AIFMD position, see Practice Note: EU AIFMD-organisational, valuation and delegation requirements. UK implementation of AIFMD organisational, valuation and delegation requirements AIFMD was put into effect in the UK through a mix of primary legislation in the Financial Services and Markets Act 2000 ( FSMA 2000),...
Introduction to anti-dumping duties Anti-dumping measures have featured in cross-border trade long before the World Trade Organisation ( WTO) came into being. Domestic anti-dumping laws trace back to the early 20th century. Before the WTO existed, the 1947 General Agreement on Tariffs and Trade ( GATT) included Article VI, which addressed dumping. That provision laid down rules on dumping and the levying of anti-dumping duties. The WTO’s Anti- Dumping Agreement takes its name from GATT 1947 Article VI, and is formally titled the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994. Article VI of GATT 1947 was debated extensively and negotiated during several negotiating rounds ahead of the WTO’s creation. Among the outcomes was an Anti- Dumping Code concluded in the 1967 Kennedy Round, later updated in the 1979 Tokyo Round. These efforts ultimately led to the WTO’s Anti-...
January 2022 Date Event 4 January 2022 The National Security and Investment Act 2021 comes fully into effect, together with its accompanying regulations: National Security and Investment Act 2021 ( Monetary Penalties) ( Turnover of a Business) Regulations 2021, SI 2021/1262; National Security and Investment Act 2021 ( Procedure for Service) Regulations 2021, SI 2021/1267; and National Security and Investment Act 2021 ( Notifiable Acquisition) ( Specification of Qualifying Entities) Regulations 2021, SI 2021/1264. See the Government press release and the Practice Note: FAQs for insolvency professionals on the National Security and Investment Act 2021. 12 January 2022 The Prudential Regulation Authority ( PRA) issues policy statement PS1/22, responding to consultation paper CP16/21 and setting out the updated statement of policy on the PRA’s approach to insurance business...
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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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