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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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Chemicals Question Answer As a commercial customer, when preparing a supply agreement for buying chemical substances, which particular chemical sector laws could govern the transaction that the supplier must meet? Does the business customer face any duties? UK REACH UK REACH applies to the manufacture, placing on the GB market, or use of chemical substances whether on their own, in mixtures, or within articles. Where a substance is produced or imported into GB in amounts of one tonne or more each year, the substance must be registered on a database operated by the Health and Safety Executive ( HSE), unless an exemption applies. If registration is not completed, the substance cannot be placed on the GB market. For more detail, see Practice Note: UK REACH—registration. UK REACH also allows the HSE to evaluate registered substances. Substances that match certain hazard criteria may need...
The physical infrastructure of the GB electricity market Broadly, the physical set-up of the Great Britain ( GB) electricity market can be grouped as follows: generators — these installations produce electricity. They connect to what is commonly called the ‘grid’, allowing them to ‘export’ power for conveyance to consumers’ premises. Electricity storage solutions are, for licensing purposes, treated as generators, as reflected in section 213 of the Energy Act 2023. For more on generators generally, see Practice Notes: Great Britain electricity generation, distribution and supply licensing and exemptions regime and The Great Britain electricity market—an introduction. For more on electricity storage, see: Energy storage—overview, and Practice Notes: The planning regime for energy storage in England and Wales, Energy storage—the evolving regulatory regime and renewable subsidy position. For information on the regulatory challenges and opportunities for energy storage projects, see also textbook: Energy...
This Practice Note This Practice Note offers practical guidance for preparing a jurisdiction clause in a commercial, business-to-business ( B2B) contract. It explains what a jurisdiction clause is, why it is required and how it differs from governing law clauses. It outlines key drafting issues, including scope; whether to choose exclusive, non-exclusive or asymmetric jurisdiction; carve-outs to allow alternative dispute resolution; the effect of using the word ‘irrevocably’; waivers of forum non conveniens; the 2005 Hague Convention on Choice of Court Agreements; the 2019 Hague Judgments Convention; and the approach to clauses submitting to the courts of England and Wales where proceedings are brought outside England and Wales. This Practice Note does not address the position for jurisdiction clauses in business-to-consumer ( B2C) contracts. For more detail, see Practice Note: Governing law and jurisdiction in contracts with UK consumers. This Practice Note is...
This Practice Note considers contracting authority under the law of England and Wales Recognised as a key element of forming a contract, this note examines agency principles and authority to contract across a range of entities, including: corporations in general, companies incorporated under the Companies Act 2006 ( CA 2006), unregistered and overseas companies, limited liability partnerships, general partnerships and limited partnerships, unincorporated associations, incorporated charities (charitable companies and Charitable Incorporated Organisations), and unincorporated charities (charitable unincorporated associations and charitable trusts). Where a body has separate legal status, a distinction can be drawn between instruments executed by the body itself (eg using its common seal, where available) and instruments executed on its behalf (eg by an individual acting under its authority). The emphasis of this Practice Note is on a person’s authority to contract when they execute an instrument on the entity’s behalf. It does not address the...
This Practice Note compiles a selection of judgments where the courts have examined proportionality since 2012. For the latest guidance on the courts’ stance on proportionality, see Practice Note: Costs and proportionality. Cases from 2020 The Imaging Centre Mobile Ltd v Morr & Co LLP [2025] EWHC 1039 ( SCCO) — Issues: reasonableness and proportionality of items charged. Comment: The judge treated West v Stockport NHS Foundation Trust [2019] EWCA Civ 1220 as the key authority on assessing reasonableness and proportionality. Given the summary nature of the assessment, the court found it highly challenging to evaluate proportionality item by item. The judge therefore allowed those costs considered reasonable, then stood back to determine whether the overall sum maintained a proper relationship to the factors in CPR 44.3(5). Cohen v Co-...
This Practice Note explains the provisions governing service of a defence in litigation. They appear in Part 6, Section III, commencing at CPR 6.20. Specific defence provisions are contained in CPR 15. This Practice Note provides guidance on: methods of service ( CPR 6.20) who must effect service ( CPR 6.21) personal service ( CPR 6.22) address for service once proceedings have begun ( CPR 6.23) changes to the address for service ( CPR 6.24) serving children and protected parties ( CPR 6.25) deemed service ( CPR 6.26) alternative method or place of service (alternative service) ( CPR 6.27) the court’s power to dispense with service ( CPR 6.28) the need for a certificate of service ( CPR 6.29) The framework covers who must serve, when personal service is necessary, and how to serve...
This Practice Note considers the position on arrestment in Scotland. For direction on related topics, consult the following: for alternative types of diligence in Scottish civil procedure, consult the relevant Practice Note: Enforcement in Scottish civil litigation, which in turn connects to comprehensive, in-depth practical guidance on numerous diligence mechanisms available in Scotland for the counterpart in England and Wales, see Introduction to enforcement—overview, which, besides outlining the subject, links to fuller, practical guidance on a wide range of elements of domestic enforcement in England and Wales for cross-border enforcement, see Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners, which, in addition to surveying the area, links to further, detailed practical guidance on multiple key aspects of cross-border enforcement In 2020, the Scottish Government commenced a policy review of diligence measures in Scotland, and this resulted in the Bankruptcy and Diligence ( Scotland) Act 2024, which...
This Practice Note Use this Practice Note when identifying the governing law for contracts concluded between 17 December 2009 and 31 December 2020. Where agreements were made outside those dates, the UK courts apply a different governing law framework; for guidance, see: Applicable law regimes for insurance contractual disputes below. The Note examines the insurance contract rules in Regulation ( EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations ( Rome I). It sets out definitions and explains the distinct regimes for large risks and non‑large risks, covering party choice of law, absence of choice, escape routes, and EU Member State derogations. It also outlines obligations concerning insurance cover and how to ascertain the location of the risk. Provisions relevant to reinsurance arrangements are touched on briefly. Finally, it considers whether...
This Practice Note This Practice Note reviews contribution claims under the Civil Liability ( Contribution) Act 1978 ( CL( C) A 1978), including, among other matters: the circumstances and procedure for its application who is entitled to pursue a claim under the CL( C) A 1978 the need for the ‘same damage’ to be established the exclusion of costs-only claims from the scope of the CL( C) A 1978 regime jurisdictional matters under the CL( C) A 1978 the court’s approach to apportioning damages in contribution proceedings the consequences where the primary claim is compromised or decided by judgment of the court the effect of liability exclusions and limitation clauses on a ‘contribution defendant’ how contribution claims interact with indemnity claims and rights limitation for contribution claims the method of...
Practice Note: Part 36 offers—when are Part 36 costs 'unjust'? This practice note examines when a court may depart from the default Part 36 costs consequences on the footing that such an order would be ‘unjust’, with reference to the factors listed in CPR 36.17(5). Although the focus is on Part 36 as revised from 6 April 2015, earlier authorities on the costs consequences of Part 36—and on when it is unjust to impose them—remain pertinent. Illustrative decisions showing how the court has exercised its discretion on Part 36 costs, especially as to when those consequences are ‘unjust’, are identified below, covering both pre‑ and post‑6 April 2015 decisions. Case details and analysis Key issues considered Biddick v Biddick [2025] EWHC 2743 ( Ch) (27 October 2025): the defendants applied under CPR 36.14(8) to compel enforcement of a Part 36 offer, contending that although the claimant had...
This Tracker outlines developments and changes to the service provisions in CPR 6 and Practice Directions 6A and 6B since 2019 Judicial consultation on the time for responding to a Part 8 claim out of the jurisdiction The period for answering a claim form is generally measured from the date the particulars of claim are served. For Part 8 claims, where particulars are typically not required, identifying the correct response date is therefore problematic. In its minutes of February 2026, the CPR Committee ( CPRC) recorded a rise in Part 8 claims, notably for cross-border disclosure, including service of Norwich Pharmacal orders. The absence of Part 8 coverage in CPR 6.35 and CPR PD 6B was described as a genuine lacuna that should be addressed. The preferred solution is to amend the rules to set a specific response period for Part 8...
This new starter guide is one of two Personal Injury—new starter guides. Offering one of a pair of Personal Injury ( PI) new starter resources, this guide sets out the PI procedure from the point of deciding whether to commence court proceedings through to settlement or trial. It is intended for trainee solicitors and practitioners who are new to PI as a discipline. The content concentrates on the central issues that commonly arise in PI and signposts other Lexis Nexis® sources and materials that deliver more detailed coverage of the themes discussed. Practice Note: Personal injury new starter guide—pre-action supplies a general introduction to PI practice, including the PI solicitor’s role, early considerations, and the pre-action stage. Those beginning in PI will also find value in the Overviews within each PI practice area subtopic. These Overviews introduce every subtopic in the PI module and...
Background In 1995, at the beginning of his examination of the civil justice system in England and Wales, Lord Woolf concluded that the principal difficulties were cost, delay, and complexity. As pressures on the modern justice system grew, the prevailing rules and procedures proved unsustainable and inefficient. Following his review, Lord Woolf issued a series of recommendations in his final report and, consequently, the civil justice system underwent substantial reform. A key change was the introduction of compulsory pre-action protocols for various categories of proceedings, including personal injury matters. These protocols are a body of rules addressing how parties should behave before litigation commences. Their primary objective is to foster the early and full exchange of documents and information about a potential claim, in the hope that settlement can be reached without court action. They were intended to avoid litigation where possible or, at the very...
Practice Note This Practice Note summarises the principal provisions and operation of the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention) in the context of child abduction proceedings. It further explains the interplay between the 1996 Hague Convention and the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the 1980 Hague Convention), together with pertinent case law and the implications of Brexit. For practical guidance on: the wider provisions of the 1996 Hague Convention, see Practice Notes: 1996 Hague Convention—general principles and Recognition, enforcement and co-operation under the 1996 Hague Convention; the 1980 Hague Convention, see Practice Note: Child abduction—introduction and issuing proceedings ( Hague Convention). The 1996 Hague Convention took effect in England and Wales on 1 November 2012......
Under the Planning Act 2008 ( PA 2008), a framework exists for granting development consent to nationally significant infrastructure projects ( NSIPs) within England, covering the sectors of energy, transport, water, waste water, and waste. Decisions on development consent orders ( DCOs) are made by the Secretary of State ( So S) having regard to the relevant National Policy Statements. Refer to Practice Note: Permission for nationally significant infrastructure projects. Fees Regulations and guidance Charges for DCOs are payable solely for the defined items listed in the Infrastructure Planning ( Fees) Regulations 2010, SI 2010/106 (the Fees Regulations). Different charging arrangements apply to projects that are not nationally significant (i.e. development progressing under the Town and Country Planning Act 1990 rather than PA 2008). Refer to Practice Note: Planning fees......
On 23 October 2023, the Levelling-up and Regeneration Act 2023 ( LURA 2023) secured Royal Assent...
The National Planning Policy Framework ( NPPF) The National Planning Policy Framework ( NPPF) provides robust safeguards for the green belt. It explains that the government places significant weight on green belts, and makes clear that the core objective of green belt policy is to stop urban sprawl by ensuring land designated as green belt remains permanently open. Consequently, there is a clear presumption against development that is inappropriate within the green belt, and considerable weight must be afforded to any harm to the green belt when deciding planning applications. The first iteration of the NPPF came into force in 2012 (the 2012 NPPF). It was then updated in 2018, 2019, 2021, September 2023, December 2023 and December 2024. The latest NPPF, issued in December 2024, does not change the essential aim of green belt policy or its five stated purposes. Yet it has...
STOP PRESS From 25 March 2026, the principal provisions of the Levelling-up and Regeneration Act 2023 on plan-making are in effect. This Practice Note is being revised to reflect those changes. This Practice Note outlines the core aspects of the planning frameworks in England and Wales relevant to minerals development. As minerals are only workable where they occur, and because site restoration is integral to such schemes, particular considerations arise when planning for and consenting mineral extraction. Minerals policy for England The key policy and guidance sources in England include: the National Planning Policy Framework ( NPPF) Planning Practice Guidance ( PPG) — offering detailed direction on applying NPPF policies the Marine and Coastal Access Act 2009, which established mechanisms for the sustainable stewardship and use of marine resources, including the requirement for a Marine Policy Statement ( MPS). The UK MPS sets out...
A family intervention tenancy ( FIT) is a form of tenancy of a dwelling-house offered in place of an assured or secure tenancy to a renter who has been, or might have been, subject to a possession order because of anti-social behaviour. FITs only apply to lettings that commenced on or after 1 January 2009. Their use is guided by non-statutory government guidance. Criteria to use a family intervention tenancy A FIT can be offered only when behavioural support services are provided to a tenant against whom a possession order for anti-social behaviour: has been made under Ground 2 or 2A of Schedule 2 to the Housing Act 1985 ( HA 1985), or Ground 14 or 14A of Schedule 2 to the Housing Act 1988 ( HA 1988) could, in the landlord’s opinion, have been so made could have been so made if the...
Councillors need substantial information to oversee the local authority ( LA) effectively and properly. For many, at times it can be unclear which information held by an individual member is theirs to disclose, which material must be made available to the public, what ought to remain within the council’s boundaries, and what should be retained solely by the councillor. Councils and access to information Councils fall within the scope of the Freedom of Information Act 2000, as well as the particular statutory public access to information rules that apply to a council and, where relevant, its elected mayor or the leader and cabinet in relation to decisions taken. These information rules were last amended in September 2012. Further access to information requirements also arise from a council’s audit arrangements and practices. When information is withheld, this occurs under a clearly defined set of legal...
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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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