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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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The provisions that govern annual accounts and reports for unquoted companies are contained in: Part 15 of the Companies Act 2006 ( CA 2006) the Large and Medium-sized Companies and Groups ( Accounts and Reports) Regulations 2008, SI 2008/410 ( Large Companies Regulations) the Companies, Partnerships and Groups ( Accounts and Reports) Regulations 2015, SI 2015/980 (2015 Regulations) This Practice Note explains the accounting regime as it applies to companies under the 2015 Regulations. A company qualifying for the unquoted companies regime is subject to less onerous accounting and reporting obligations than a company within the quoted company regime. For an overview of the statutory framework for company annual accounts and reports, see Practice Note: Accounts and reports—an outline of the statutory framework. When the unquoted companies regime applies An unquoted company, as defined in CA 2006, is a company formed and...
What are reserved matters? Outline planning permission gives a decision on the overarching principles for developing a site. It is granted while keeping back specific aspects for later sign-off by the local planning authority ( LPA) or the Secretary of State; these are known as reserved matters. In England, article 2 of the Town and Country Planning ( Development Management Procedure) ( England) Order 2015 (the 2015 DMPO), and in Wales, the Town and Country Planning ( Development Management Procedure) ( Wales) Order 2012 (the 2012 DMPO), describe reserved matters as any of access, appearance, landscaping, layout and scale, where details have not accompanied the outline planning application. The 2015 DMPO and the 2012 DMPO set out the following meanings: Access — the means of reaching and moving within the site for vehicles, cycles and pedestrians, including the siting, positioning and treatment of entry points and...
Ownership, leasing or any other lawful use of land typically depends on being able to get to it, so that the land can be enjoyed. The public may use roads and footpaths adopted by local authorities and, where a plot abuts an adopted road, gaining access is usually uncomplicated. Where access must cross another person’s land, recourse to common law or statute might be available, but buyers will ordinarily prefer a formal arrangement—such as a contractual right or servitude—where none already exists. If land is held in common or jointly, each owner may reach and traverse it without needing separate access rights. This Practice Note outlines the typical access questions that can arise in Scottish property deals and the matters a seller’s and a buyer’s solicitor may need to consider. The same themes can arise in lease transactions between landlord and tenant...
This Practice Note explores the incorporation of a charterparty jurisdiction clause into a bill of lading. It concentrates on: the distinctive English-law rules on importing charterparty terms into bills of lading recent authorities concerning jurisdiction and dispute resolution wording in bills of lading practical issues stemming from standard terms used in carriage contracts and bills of lading the stance of consignees and holders when incorporated bill terms are invoked It serves as an introductory guide for lawyers handling shipping and aviation work. It should be read alongside Practice Note: Jurisdiction agreements by incorporation—principles, which addresses the broader principles governing incorporation of jurisdiction clauses, particularly by reference to standard terms and conditions. Key takeaways in bills of lading, the issue is one of construction, yet English law adopts a rigorous approach to incorporation general wording will ordinarily import only terms germane to...
This Practice Note outlines leading cases and related materials on obtaining the company’s property, books, papers or records under section 234 of the Insolvency Act 1986 ( IA 1986). The cases are grouped by subject area and cover: the applicant getting in the company’s property disputes over ownership the court’s discretion office-holder immunity For more detail on this area, see Practice Notes: Basic principles—the delivery-up of information and property to the insolvency office-holder Getting in the company’s property under section 234 of the Insolvency Act 1986 The applicant Smith ( Administrator of Cosslett ( Contractors) Ltd) v Bridgend County Borough Council [2001] UKHL 58, [2001] All ER ( D) 118 ( Nov) (8 November 2001): IA 1986, s 234 provides a swift, summary mechanism enabling an office-holder to fulfil their functions and gather assets that the company appears...
This Practice Note provides step-by-step guidance for personal representatives ( PRs) on completing Form IHT35 when claiming relief on estate shares or securities sold at a loss against their value at the date of death, where that value was included in the IHT400 and inheritance tax has been paid. It should be read alongside: Claim for relief loss on sale of Shares Listed stocks and shares IHT411 The Note assumes an understanding of the background and the mechanics of submitting an IHT400 account, together with the ability of PRs to claim loss relief on a sale of shares. It is intended to assist with preparing the following document: Claim for relief loss on sale of Shares This form is also available through Lexis®Smart (subscription sensitive): Claim for relief loss on sale of Shares. The basic conditions for claiming relief under section 179 of the...
Planning conditionality A large proportion of property deals entail various rights and duties that depend upon, or are activated by, the granting of (a satisfactory) planning permission......
Context Jurisdiction clauses frequently appear in commercial contracts and are typically framed as either: Exclusive jurisdiction clauses (see Practice Note: Jurisdiction agreements—exclusive jurisdiction agreements) Non-exclusive jurisdiction clauses (see Practice Note: Jurisdiction agreements—non-exclusive jurisdiction agreements) Where parties have chosen an exclusive jurisdiction term, the default position is that the English court will ordinarily ‘exercise its discretion… to secure compliance with the contractual bargain’. Such provisions now appear ever more often in trust instruments. Nevertheless, several questions arise concerning: the drafting of such clauses the areas to be covered by such clauses the interpretation and effects of such clauses Two examples of jurisdiction clauses As presently encountered, trust jurisdiction provisions create a series of connected issues, including how they are drafted, what they should cover, and how they are interpreted and what they achieve. Before considering their operation, it is useful to look at a couple of...
This how-to guide outlines, at a high level, what a body carrying out public functions should do when faced with a threatened or lodged judicial review. It focuses on the stages up to the court’s decision on permission. For measures to guard against a successful challenge, see Practice Note: Avoiding a judicial review. Take legal advice The extent to which a threatened judicial review has already attracted legal input will differ. It turns on the nature of the impugned decision—major policy is more likely to have been advised upon than a one-off administrative act—and on who the decision-maker is. On receipt of a pre-action letter, the immediate issue is to ask whether any clear flaws exist in the decision under challenge, and, if so, whether these can be communicated to the decision-maker. How far such advice can shape the...
This Practice Note This Practice Note sets out how to apply for a domestic abuse protection order ( DAPO) within the pilot established by FPR 2010, PD 36ZG— Part 3 of the Domestic Abuse Act 2021: Provision during piloted commencement, in the courts identified for the pilot. It also outlines the actions required after a DAPO is granted, including service of the order, notifying the police, and information concerning any electronic monitoring requirement. For details of participating courts, how to apply under FPR 2010, PD 36ZG on notice or without notice, the measures a DAPO may contain, and the availability of legal aid, see Practice Note: Domestic abuse protection orders in the Family Court—application to order (pilot scheme). The DAA 2021 provisions for DAPOs in the Family Court take effect only for the purposes of the pilot in the specified courts under FPR 2010, PD 36ZG....
This Practice Note provides practical, hands-on guidance on sanitary and phytosanitary ( SPS) measures under the UK and India Comprehensive Economic and Trade Agreements ( UK‑ India CETA). Introduction The UK‑ India CETA spans commerce in goods and services, along with a range of matters directly associated with such trade activities too. For example, in the sphere of trade in goods, it specifically covers the following: origin rules customs processes and trade facilitation technical barriers to trade, and trade remedies Chapter 6 of the UK‑ India CETA addresses SPS measures explicitly. Chapter 6 aims to: safeguard human, animal and plant life and health within each party’s own territory while also enabling trade between them ensure the parties’ SPS measures do not impose any unwarranted obstacles to trade reinforce and build upon implementation of the World Trade...
This Practice Note outlines the types of orders available under section 17 of the Married Women’s Property Act 1882 ( MWPA 1882) and the cognate provision in the Civil Partnership Act 2004 ( CPA 2004), as broadened by a number of other statutes over time. It explains who may seek such relief and the circumstances in which these provisions may assist in practice, and highlights specific topics, such as contributions towards enhancing property and the entitlements of formerly engaged couples. It also describes how proceedings under MWPA 1882, s 17 / CPA 2004, s 66 interact with applications for a financial order between parties to matrimonial or civil partnership proceedings. On enactment, the MWPA 1882 markedly altered the legal rights of married women at the time. Most of the MWPA 1882 has since been repealed in subsequent reforms....
Practice Note—illustrative decisions in negligence and professional negligence (from 1 January 2025) Although every case must be analysed on its own merits and distinctive factual and legal matrix, it is helpful to observe how the core principles play out in real scenarios. Accordingly, this Practice Note gathers some of the most instructive decisions concerning negligence and professional negligence claims. The matters set out below cover judgments handed down on or after 1 January 2025. For earlier illustrative decisions from 2020–2024, see Practice Note: Negligence claims—illustrative decisions (2020–2024) [ Archived]. We do not attempt an exhaustive catalogue; we include only cases that offer points of particular interest. Each entry provides a direct link to the judgment and, where available, our News Analysis of that decision. For the overarching principles on the existence and standard of the duty of care, breach, causation and loss, refer to the...
This Practice Note offers direction on how to file, issue and serve an application for permission to appeal, as well as how to amend it. It also addresses the respondent’s subsequent steps, such as filing a notice of intention to participate, raising objections to applications, and pursuing cross-appeals. Read this Note alongside Practice Note: Supreme Court—permission to appeal—on or after 2 December 2024. For advice on non-compliance with the SCR and applicable deadlines, see Practice Note: Supreme Court—role, structure and powers—on or after 2 December 2024. Appeals before 2 December 2024 This Note applies to Supreme Court appeals in which an application for permission to appeal, or a notice of appeal, was lodged on or after 2 December 2024, the commencement date of the SCR ( SCR 1). The SCR 2009 (termed the ‘old SCR’ in this Note) are revoked from that date ( SCR...
This Practice Note sets out guidance on the emergency arbitrator mechanism in Schedule 4 to the Hong Kong International Arbitration Centre ( HKIAC) Administered Arbitration Rules 2024 (the 2024 HKIAC Rules; HKIAC 2024). As outlined in Practice Note: HKIAC (2024)—the HKIAC Administered Arbitration Rules—application and key features, the 2024 HKIAC Rules generally govern HKIAC arbitrations begun on or after 1 June 2024, unless the parties decide otherwise; where proceedings were initiated before 1 June 2024, the 2018 HKIAC Rules will usually apply, subject to any different party agreement. See below for further guidance on any potential limits to the use of the emergency arbitrator procedures. For an introduction to the HKIAC and how it is organised, see Practice Note: HKIAC—background to and structure of the institution. The emergency arbitrator procedures under the 2018 HKIAC Rules Under the 2024 HKIAC Rules, parties may request urgent interim or...
What is the inherent jurisdiction? This is the power of the High Court to issue declarations and orders to safeguard adults who retain mental capacity to make the relevant decisions but are still vulnerable and at risk owing to the actions or inactions of others. It operates as a safety net for vulnerable individuals... Can the inherent jurisdiction ( IJ) be used? The IJ can be applied to a vulnerable adult who, even if not incapacitated by mental disorder or mental illness, is reasonably believed to be: being constrained subject to coercion or undue influence otherwise deprived of the capacity to make relevant decisions, prevented from exercising free choice, or unable to give or express genuine consent When would the IJ be used? Within safeguarding investigations under sections 42–47 of the Care Act 2014 ( CA 2014), which place a duty on Local...
Vendor-managed inventory ( VMI) Originally written by Timothy Murray of Murray, Hogue & Lannis for Lexis Practical Guidance US, and refined for Lexis+ UK, this Practice Note explores how vendor-managed inventory ( VMI) works, its advantages, and its pitfalls. VMI—also called supplier managed inventory—is a supply chain approach. It offers a streamlined method for inventory control and product order fulfilment, under which the vendor (supplier or manufacturer) oversees the customer’s stock. The customer delegates to the vendor the tasks of monitoring usage and topping up inventory levels. See the accompanying Precedent: Vendor managed inventory ( VMI) agreement. In a VMI model, the supplier, not the customer, accepts responsibility for tracking the customer’s sales and stock positions to decide when further products are required to satisfy the customer’s needs. Rather than waiting to receive and act on purchase orders, the supplier obtains and/or reviews the...
Note: The Hong Kong judgments listed below are not reported by Lexis Nexis®. Introduction Arbitral awards arising from arbitrations seated in Hong Kong, together with non- New York Convention awards and awards that are neither Mainland nor Macao awards, regardless of where made, fall under a single enforcement framework in the Arbitration Ordinance ( Cap 609) ( AO) ( AO, s 84). A successful party may enforce the award in Hong Kong by either route: under the common law, by issuing proceedings founded on an implied undertaking to honour the award (often termed an ‘action on the award’); or under statute, using the summary route set out in the Arbitration Ordinance ( Cap 609). This statutory route dispenses with the full formalities of bringing an action to enforce an award. The successful party to the arbitration may apply ex parte, with a...
Scope of the note This note sits within a suite addressing the legal framework for ecodesign of products, including the Ecodesign and Energy- Related Products Regulations 2010, SI 2010/2617 (2010 Regulations) and the Ecodesign and Energy- Related Products Regulations 2021, SI 2021/745 (2021 Regulations). It centres on the ‘right to repair’ measures introduced by the 2021 Regulations, which place duties on manufacturers, authorised representatives and/or importers to make specified spare parts available for certain in-scope energy related products ( Er Ps), and to supply repair and maintenance information to enable third party repair of those Er Ps. The broader suite of notes comprises: GB Ecodesign of products—manufacturers, importers and authorised representatives GB Ecodesign of products—responsibilities of suppliers and dealers GB Ecodesign of products—offences, sanctions and enforcement GB Ecodesign of products—manufacturers, importers and authorised representatives GB Ecodesign of products—lifecycle...
This Practice Note examines the jurisdictional service gateway, or basis for service, in CPR PD 6B, para 3.1(20), which concerns claims under various enactments. It identifies the gateway and offers commentary on the manner in which the courts have interpreted it... This Practice Note should be read alongside Practice Note: Cross border service—jurisdictional gateways (principles)... What criteria will need to be met? Gateway 20 ( CPR PD 6B, para 3.1(20)) provides that a claim is made: (a) under an enactment that permits proceedings to be issued, where those proceedings are not encompassed by any other ground in this paragraph; or (b) under the Directive of the Council of the European Communities dated 15 March 1976 No. 76/308/ EEC, where service is to be effected in a Member State of the European Union. It should be observed that the second limb was removed with effect from 1...
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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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