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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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Updated in 2021, the P. R. I. M. E. Finance Arbitration Rules’ 2022 version took effect on 1 January 2022, governing arbitrations begun on or after that day (the P. R. I. M. E. Finance Rules; the Rules). The Rules also contain model clauses as well as a model submission agreement. This Practice Note examines expediting arbitration proceedings under the P. R. I. M. E. Finance Rules. Under Article 17 of the Rules, the P. R. I. M. E. Finance Rules make available expedited proceedings. Expedited proceedings can be commenced if the sum in dispute does not exceed €4,000,000 at the time the response to the notice of arbitration under Article 17 ......
Liability for own acts Personal representatives ( PRs) can incur liability for what they do or fail to do in connection with their dealings with: third parties beneficiaries under the deceased’s Will or on intestacy fellow personal representatives During the administration, a PR bears personal liability for: fulfilling all obligations arising under any contracts they make, and, when contracting, they are not allowed to confine liability to estate assets within their control any torts they themselves commit any loss caused to the estate by their breach of duty (a devastavit) In general, the same rules govern the liabilities of executors and administrators alike. Contracts As PRs are answerable on the contracts they enter and cannot restrict liability to the assets in their possession, they are personally chargeable and can be sued in a personal capacity and in their own right. Such a claim is an...
For guidance on the initiation of criminal prosecutions in England and Wales, consult Practice Notes: Commencing criminal proceedings—applying for the issue of a summons and Commencing criminal proceedings—written charge and requisition or single justice procedure notice. Time limits for summary only offences The Magistrates’ Courts Act 1980 ( MCA 1980) sets deadlines for starting proceedings that are triable only in the magistrates’ court (called summary only offences), save where another statutory period applies. Under this framework, a magistrates' court cannot adjudicate a summary offence unless the information is laid (that is, an application for a summons is made) within six months of the date the offence was committed. This position is mirrored in the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, r 7.2(10). So long as the information is laid (or a summons application is submitted) within that window, it is...
CASE HUB (date of judgment—13/12/2017) See further: timeline and related/relevant cases Case facts ARCHIVED —this preserved case hub records the position as at 13 December 2017 and is no longer maintained. Outline Telefónica appealed the General Court’s ruling which, upholding (for the most part) the Commission’s decision of 23 January 2013 ( AT.39839), found an infringement of Article 101 TFEU and imposed financial penalties on Telefónica in respect of a non‑compete arrangement affecting the Iberian telecommunications market. The dispute, amongst other matters, centred on whether the agreement under scrutiny should be treated as a ‘by object’ restriction, and the implications that characterisation has for the nature and extent of the analysis the Commission must undertake—especially in a setting where the parties to the non‑compete are not ‘actual’ competitors, and where evidence of ‘potential’ competition between them has not been established, or is expressly contested by the...
Contractual and statutory basis of rent review and time intervals Tenants under 1991 Act Tenants with 1991 Act tenancies enjoy strong security of tenure together with statutory tacit relocation. While parties may set out rent review terms within the lease itself, rent adjustment is, subject to that, governed by the Agricultural Holdings ( Scotland) Act 1991, s 13 ( AH( S) A 1991), which provides for variations in rent once the contractual ish has passed and at specified intervals thereafter. As the vast majority of 1991 Act leases continue on tacit relocation, rent review is, in almost all instances, determined by AH( S) A 1991, s 13. This statutory scheme cannot be excluded by agreement, although the parties may consensually alter the rent at any time. In Moll v Mc Gregor 1990 SLT ( Land Ct) 59 (not reported by Lexis Nexis®), one lease dated from 1944 and...
This Practice Note covers the main operative provisions of the corporate interest restriction ( CIR) rules. The CIR rules are lengthy and intricate, with numerous core provisions driven by calculations and reliant on a suite of defined expressions. Accordingly, those seeking a concise introduction to how the rules operate, together with the rationale for their introduction, should consult Practice Note: Corporate interest restriction—quick guide. This Practice Note explains many of the defined expressions and ideas used by the regime where relevant; for swift reference to definitions of principal CIR terms, see Corporate interest restriction—glossary of key terms. Readers are also directed to: Practice Note: Corporate interest restriction—administration, which addresses the procedural aspects of the CIR, such as the way a restriction required by the rules is allocated within a group, the notion of the reporting company, and the interest restriction return Practice Note:...
This Practice Note sets out the procedure for managing commercial service charge disputes, with reference to the mandatory requirements and best practice in the Royal Institution of Chartered Surveyors ( RICS) professional standard, ‘ Service charges in commercial property’ ( Service Charge Standard). For guidance on the services a commercial landlord must provide and the expenses that may then be recovered, see Practice Notes: Commercial service charges—what is the landlord's liability to provide the service? and Commercial service charges—what expenses can the landlord recover? Service charge recovery—commercial versus residential Service charges in commercial property serve the same purpose as in residential settings: they allow a landlord to provide repair and maintenance services and reclaim the associated costs from a tenant. However, whilst residential service charges are regulated by extensive legislation (see...
Under English law, a pledge constitutes one of the four recognised forms of security—the forms are outlined in Practice Note: Types of security. For an overview intended as an introduction to security, consult Practice Note: Introductory guide to security in a lending transaction......
This Practice Note This Practice Note examines the principal matters that may arise when engaging with a local authority in England in a commercial finance transaction in practice. It outlines the kinds of steps a local authority might take in a standard commercial funding arrangement and assesses the capacity and authority of local authorities when undertaking those steps. It also reviews common representations and warranties provided by local authorities and other authority-specific points to address when dealing with a local authority in a commercial finance transaction, including their power to invest and Wednesbury unreasonableness as well. Note that this Practice Note deals with commercial finance supplied to local authorities. It does not address other funding sources, such as grants available to local authorities, which fall outside the scope of this Practice Note. It also does not extend to local authorities in Wales. The main...
NOTE—to verify whether notification thresholds in Colombia and globally are met, see further: Where to Notify for guidance. 1. There have been recent developments regarding the Colombian merger control regime. What are the main points of interest and are any further updates/developments expected in the coming year? Are there any other hot merger control issues in Colombia? The latest change affecting the Colombian merger control framework was Law 2010 of December 2019. Through this statute, Congress authorised the Superintendence of Industry and Commerce ( Superintendencia de Industria y Comercio, SIC), the national competition authority, to levy a filing fee for merger review. Acting on this mandate, the SIC calibrated the fee according to the type of submission and created distinct charges for Phase 1 and Phase 2 clearance applications. In 2021, the SIC refreshed its procedural guidance for merger review via Resolution 2751 of 2021. That...
This Practice Note sets out the principal tax considerations where creditors move to enforce security over the assets of a distressed company or corporate group. Related Practice Notes in this series address tax issues concerning: acquisitions of distressed debt, and debt restructurings (ie waivers, debt/equity swaps or renegotiations) In addition, Tax and distressed debt—checklist of points to consider distils the main tax points to bear in mind when dealing with distressed debt in general. This Practice Note reviews the enforcement routes open to creditors of troubled businesses and the consequences that may follow. For a detailed look at the loan relationships provisions on debt releases, see: Loan relationships—impairment and debt releases Loan relationships—impairment and debt releases: connected companies Types of enforcement As explained in Practice Note: Tax and distressed debt—debt restructurings, lenders will frequently engage in a...
Disclosure obligations Where a defendant appears before a magistrates’ court charged with an indictable‑only offence, or an either way offence, and is sent to the Crown Court for trial under s 51(1) of the Crime and Disorder Act 1998 ( CDA 1998), the framework for serving the prosecution’s evidence is set by the Crime and Disorder Act 1998 ( Service of Prosecution Evidence) Regulations 2005 ( CDA ( SPE) Regs), SI 2005/902, together with the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909. For provision of Initial Details of the Prosecution Case ( IDPC) disclosure in the magistrates’ court, refer to Practice Note: Disclosure in the magistrates’ court. Be aware that some criminal proceedings are administered via the Crown Court Digital Case System ( DCS), Crown Court’s electronic case management platform. In such cases, service and access to...
CASE HUB ( Note – appealed in Eurotunnel and Société Coopérative de Production Sea France v Competition Commission, with the case remitted to the CC in Eurotunnel/ Sea France (remittal investigation)). ARCHIVED – this archived case hub reflects the position as at the decision of 6 June 2013 and is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline: UK merger review concerning Eurotunnel’s acquisition of Sea France’s ferries and other assets. Latest developments The CC issued its final report on 6 June 2013, barring Eurotunnel from operating ferry services from Dover for ten years. The restriction was to begin after six months, giving Eurotunnel a window to dispose of the former Sea France ferries if it chooses. Should the vessels be sold, Eurotunnel will be unable to re-acquire them for ten years. Eurotunnel is also not allowed to start sailings from Dover using other ferries for two...
This Practice Note This Practice Note outlines the different methods by which a patent proprietor may alter its patent. There are numerous avenues to amend a patent at various points in its lifetime, and this depends on whether the application for the patent started at the UK Intellectual Property Office ( UK IPO), the European Patent Office ( EPO) or under the international Patent Co-operation Treaty ( PCT) system, from the outset and onwards. Amendment without restriction is not permitted, as this would shift the goalposts for where the limits of the patent owner’s monopoly rights lie. This is unacceptable in a patent system granting exclusive, or so‑called ‘monopoly’, rights, because people consulting the register of those rights must be able to work out whether they might infringe the patent, without the scope of the patent changing over time. However, at the time of making a patent...
This Practice Note This Practice Note explores the extent to which parties can exclude the operation of the Transfer of Undertakings ( Protection of Employment) Regulations 2006, SI 2006/246 ( TUPE 2006). It reviews the scope to resolve TUPE 2006 claims by a settlement agreement (previously termed a compromise agreement) and by using tripartite settlement arrangements. It also sets out the general position that claims where the remedy is conferred by TUPE 2006 cannot be compromised, whereas claims where the remedy arises under other legislation, for example the Employment Rights Act 1996 ( ERA 1996), may be settled. In addition, it outlines Advisory, Conciliation and Arbitration Service ( Acas) conciliation for certain TUPE 2006 claims and how the early conciliation requirement applies to those claims. EU-derived provisions, including much of TUPE 2006 that give effect to the UK’s obligations under EU law—such as...
What is a purchase notice? The purchase notice route enables landowners to require a local planning authority ( LPA) to acquire land that has ceased to be capable of reasonably beneficial use. Frequently described as ‘reverse compulsory purchase’, it allows the owner to set in motion the compulsory acquisition of the land by the LPA and to receive compensation on the same footing as a compulsory purchase. This mechanism is not a catch‑all solution whenever planning permission is turned down; rather, it operates as a longstop where no form of development could be undertaken to render the land capable of reasonably beneficial use. The government has issued guidance on how the purchase notice process works. Further official guidance on this is available. When can a purchase notice be served? ......
The Pensions Regulator (the Regulator) The Regulator is an arm’s-length public body set up under the Pensions Act 2004 ( Pe A 2004). Its authority to impose contribution notices and financial support directions appears in Pe A 2004, ss 38–50. Although the Act does not use the label, these provisions are widely known as the Regulator’s ‘moral hazard’ powers. Their purpose is to counter the ‘moral hazard’ arising from the Pension Protection Fund ( PPF): the possibility that corporate groups might organise their structures so as to heighten exposure within their pension schemes, comfortable that the PPF would intervene if the employer entered insolvency. The principal moral hazard tools—and the only ones exercised so far—are the power to issue a contribution notice ( CN) and the power to issue a financial support direction ( FSD). A CN compels the recipient to pay a...
This Practice Note sets out comprehensive details on the durations and conditions of leave linked to entry clearance and permission to stay for individuals under the Child Student route, covering applicable work and study restrictions applied within the Child Student and earlier Tier 4 ( Child) categories. See also Practice Note: Child Student: eligibility, which details the points-based and non points-based eligibility criteria for entry clearance and permission to stay applications made under the Child Student route. Grant of permission The length of permission issued to a Child Student is determined by several key relevant factors set out in the table below......
This Practice Note outlines the concept of parental responsibility for children under section 3 of the Children Act 1989 ( Ch A 1989). It describes what sits within the scope of parental responsibility and how the courts have read this concept in connection with matters such as education, religious upbringing, consent to medical treatment, changing a child’s surname, and removing a child from the jurisdiction. Definition Parental responsibility relates to the care and raising of a child until they reach adulthood. Under the Ch A 1989, parental responsibility comprises all the rights, duties, powers, responsibilities and authority that, in law, a parent holds in respect of their child and the child’s property. It also embraces the rights, powers and duties that a guardian of the child’s estate (appointed before the Ch A 1989 commenced) possessed in relation to the child’s property. Those rights extend to...
This Practice Note examines the requirement that a company’s annual accounts be audited in accordance with Part 16 of the Companies Act 2006 ( CA 2006), together with the statutory requirements of CA 2006 and other relevant legislation relating to the contents of the auditor’s report. Additional rules may apply to a company’s audit obligations where it is a listed company, an AIM company, or a company with securities admitted to the AQSE Main Market, AQSE Growth Market or AQSE Trading (formerly NEX Exchange Main Board, NEX Exchange Growth Market and NEX Exchange Secondary Market); however, those are outside the scope of this Practice Note. Requirement for a company to audit its accounts Under CA 2006, s 475, a company is required to ensure that its annual accounts for a financial year are subjected to audit in accordance with CA 2006, Pt 16, save where the...
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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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