Featured documents
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
Most recent Practice notes
The statutory framework governing the annual accounts and reports of medium-sized companies is found in: Part 15 of the Companies Act 2006 ( CA 2006) the Large and Medium-sized Companies and Groups ( Accounts and Reports) Regulations 2008 ( Large Companies Regulations) the Companies, Partnerships and Groups ( Accounts and Reports) Regulations 2015 (2015 Regulations) the Companies ( Accounts and Reports) ( Amendment and Transitional Provision) Regulations 2024 (2024 Regulations) This Practice Note focuses on the accounting regime applicable to companies under the 2015 Regulations, as amended by the 2024 Regulations. For a broad overview of the legislative framework for company annual accounts and reports, see Practice Note: Accounts and reports—an outline of the statutory framework. When the medium-sized companies regime applies The regime applies to a company for a financial year where the company: qualifies as...
This Practice Note reviews a typical transaction for the sale and purchase of a second-hand commercial vessel and, in particular, addresses: the main standard forms used in the market the delivery process transfer of title and risk delivery free from encumbrances the identity of the parties the key considerations for financiers For guidance on the steps to be taken and the documentation required when acting for a buyer of a vessel to be entered on the UK register, see: Shipping finance closure—checklist. Certain aspects of the sale and purchase of superyachts differ notably from comparable deals for commercial ships; for further detail, see Practice Note: Superyacht finance—sale and purchase of superyachts. Memorandum of Agreement Many second-hand ship sales are arranged through sale and purchase brokers (widely known as ‘ S& P’ brokers) acting for their clients (their principals). Negotiations usually progress through a sequence of written...
In standard project finance deals, lenders principally look to the project’s income streams to service the debt owed. Consequently, they place tight, legally enforced controls on how the project company handles its cash. This Practice Note sets out the common ways in which lenders typically apply these controls in project finance transactions. The purpose of project accounts Project finance lenders commonly require the project company to open a series of bank accounts (the ‘project accounts’) and strictly forbid the project company from opening or maintaining any other bank accounts. For further details on undertakings in a project finance transaction, see Practice Note: Project finance—undertakings (covenants). Each project account is assigned a specific, predefined role connected to the project......
CASE HUB ARCHIVED This archived case hub reflects the position as at the date of the judgment of 24 September 2019; it is no longer maintained. See further: the timeline and the relevant/related cases. Case facts Outline Proceedings brought seeking annulment of the Commission’s decision of 21 October 2015, which determined that selective tax advantages afforded to Starbucks by the Netherlands constituted unlawful State aid ( Case SA.38.374). Latest developments On 24 September 2019, the General Court delivered its judgment, allowing the appeals and thus setting aside the Commission’s 2015 decision. The General Court found, among other matters, that the Commission had not demonstrated that the methodology applied by the Netherlands in fact benefited Starbucks or reduced its tax liability in the Netherlands; and, as regards its reproach that the Dutch authorities had not examined a royalty paid between Starbucks subsidiaries, the Commission had failed to perform its own...
CASE HUB ARCHIVED This archived case hub reflects the position at the date of the judgment of 24 September 2019; it is no longer maintained. See further: timeline and relevant/related cases. Case facts Outline Appeal to the General Court against the European Commission’s re-adopted decision concerning Printeos and Tompla (after the General Court annulled its original decision), confirming infringements and fines for involvement in a cartel in the paper envelopes market ( AT.39780). Latest developments On 24 September 2019, the General Court delivered its judgment, rejecting the attempt to annul the re-imposed fine. However, it ordered the Commission to pay the costs of the proceedings due to the careless manner in which its decision had been drafted. Parties Applicants: Printeos, SA and Printeos Cartera Industrial, SL (collectively, Printeos) Tompla Scandinavia AB, Tompla France and Tompla...
CASE HUB NOTE—appeal lodged before the Court of Justice in Case C- 850/19 P ARCHIVED ARCHIVED — this case hub captures the position as at the judgment dated 20 September 2019; it is no longer maintained. See the timeline for further information. Case facts Outline Case T‑217/17, FVE Holýšov I and Others v Commission — proceedings seeking annulment of the European Commission’s decision approving an aid scheme for installations generating renewable energy constructed in the Czech Republic between 2006 and 2012 ( Case SA.40171). Latest developments On 20 September 2019, the General Court delivered its judgment, by which it dismissed the action. Parties Applicants: FVE Holýšov I s. r. o......
CASE HUB ARCHIVED This archived case hub reflects the position as at the date of the judgment, 20 September 2019; it is no longer maintained. See further: timeline and relevant/related cases. Case facts Outline Applications for annulment before the General Court challenging the Commission’s decision of 27 July 2017 concerning corporate tax exemptions for ports in Belgium and France ( Case SA.38393). Latest developments On 20 September 2019, the General Court delivered its judgments, dismissing the appeals in full. In particular, the Court concluded, amongst other things, that the Commission made no assessment errors in finding that the ports were, at least in part, engaged in economic activities and therefore constituted undertakings within the meaning of the EU State aid rules, and in categorising the aid measure as selective......
Brexit— Banking & Finance cross border content [ Archived] ARCHIVED: This Practice Note has been archived and is not maintained. Implications of Brexit for other jurisdictions: Brexit reshaped how the UK engages with other legal and regulatory systems, both within the EU and beyond. This Practice Note collates news analyses and articles that consider how EU Member States’ preparations for Brexit, together with their existing laws on matters such as trade, enforcement of judgments and the delivery of financial services, may influence the UK. The materials are presented by publication date, with the latest items appearing first......
This Practice Note sets out the guidance for the EXW Ex works Incoterm under the Incoterms® 2020 rules, reproduced with permission from ICC Publishing SA. You can obtain the Incoterms® 2020 rules and further ICC titles from ICC Publishing SA, 38 Cours Albert 1er, 75008 Paris, France, and from ICC United Kingdom, 12 Grosvenor Place, London, SW1X 7HH, UK, as well as www.iccbooks.com. The Incoterms® 2020 rules took effect on 1 January 2020, revising the Incoterms® 2010 rules to mirror market developments over the preceding decade. For the EXW term applicable up to that date, consult Practice Note: Incoterms® 2010 Rules— EXW Ex works [ Archived]. EXW (insert named place of delivery) Incoterms® 2020 Explanatory notes for users 1. Delivery and risk ‘ Ex Works’ signifies that the seller delivers the goods to the buyer when it makes the goods available to the buyer at a specified place (such as a...
This Practice Note sets out the guidance relating to the FOB Free on Board Incoterm within Incoterms® 2020, reproduced with the consent of ICC Publishing SA and presented with acknowledgement. Incoterms® 2020 and other ICC titles can be obtained directly from ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France, and from ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom, as well as at www.iccwbo.org too. The Incoterms® 2020 rules took effect on 1 January 2020, updating the Incoterms® 2010 set to mirror market developments witnessed over the preceding decade. For the FOB term applicable until then, see Practice Note: Incoterms® 2010 Rules— FOB Free on board [ Archived]. FOB (insert named port of shipment) Incoterms® 2020 Explanatory notes for users 1. Delivery and risk ‘ Free on Board’ signifies the seller completes delivery to the buyer when the goods...
This material considers the UK GDPR regime This material addresses the UK GDPR framework, with legislative references pointing to Assimilated Regulation ( EU) 2016/679, the UK General Data Protection Regulation ( UK GDPR) and the Data Protection Act 2018 ( DPA 2018), unless expressly stated otherwise. For a fuller introduction to the UK GDPR, see Practice Notes: The UK General Data Protection Regulation ( UK GDPR) and UK GDPR and EU GDPR—comparison. This Practice Note examines employment-related data protection issues that arise in connection with: a share purchase, where the buyer assumes ownership of the company that operates the business (the target company), thereby acquiring all of its assets, obligations and liabilities, whether or not the buyer knew of them—see: Share purchases: employment issues—overview an asset purchase, where, instead of buying the target company, the buyer selects the assets and...
Introduction This document provides swift links to the Precedents pertinent to copyright litigation. These include the principal statements of case used to commence and manage copyright proceedings. Precedents Letter of claim—copyright infringement Refer to Precedent: Letter of claim—copyright infringement. This Precedent letter of claim (also known as a letter before action or a cease and desist letter) is intended for situations where copyright infringement is alleged. Such a letter alerts the alleged infringer that court proceedings might be brought against them. The courts consider litigation a last resort; accordingly, parties are encouraged to settle disputes at an early stage by communicating and exchanging information and documentation. A letter of claim opens a route for dialogue between the parties and can often resolve the dispute without issuing proceedings. After an exchange of correspondence, the infringement may cease, and the copyright owner......
CASE HUB ARCHIVED This archived case hub reflects the position as at the decision dated 12 November 2019 and is no longer updated. See further: timeline, related cases. Case facts Outline European Commission merger review of the planned purchase by Telia Company AB of Bonnier Broadcasting Holding AB ( Case M.9076). The deal gives rise to vertical overlaps across television and telecoms markets in Finland and Sweden. Latest developments On 12 November 2019, the Commission approved the merger subject to commitments. Under these commitments: Access will be provided to the combined group’s free-to-air and basic pay TV channels, as well as its premium pay TV sports channels Access will be provided to the combined group’s streaming offerings Access will be provided to the combined group’s TV advertising inventory Confidential information relating to competing TV broadcasters, TV distributors and telecom operators will be...
ARCHIVED — this archived case hub records the position as at the date commitments were accepted on 11 July 2022; it is no longer maintained. See further, timeline. Case facts Outline European Commission Article 101 TFEU investigation into a network sharing arrangement in the Czech mobile telecommunications sector between O2, CETIN and T‑ Mobile ( Case AT.40305). Latest development On 11 July 2022, the Commission accepted commitments from T‑ Mobile CZ, CETIN and O2 CZ (together with their parent companies, Deutsche Telekom and PPF), thereby closing its investigation. The Commission agreed to revised commitments put forward by the parties to modernise mobile network equipment, enabling greater flexibility and independence for the two sharing operators in specified radio frequencies. The parties also undertook to review and adjust the financial terms for unilateral network deployments, and to strengthen contractual provisions so that information exchange is limited to what is...
This Practice Note offers a beginner’s overview of construction disputes, intended for trainee solicitors and others unfamiliar with the area. It outlines what a construction disputes lawyer does, the disputes that frequently occur on projects, and gives a primer on adjudication, dispute boards, proceedings in the Technology and Construction Court ( TCC), construction arbitration and alternative dispute resolution ( ADR). It also considers the nature of disputes that routinely emerge on construction projects and the role undertaken by the disputes lawyer. We suggest reading Practice Note: Construction law—new starter guide, which sets out the core principles of construction law and the characteristics of construction projects, before tackling this note. The content of this Practice Note is also available as a Power Point deck with speaker notes—see: Introduction to construction disputes—training materials. You might also consider Practice Note: Dispute...
For other frequently used film and TV terms, see the following: Film and TV glossary C– D Film and TV glossary E– H Film and TV glossary I– L Film and TV glossary M– P Film and TV glossary R– S Film and TV glossary T– W Abandonment When a commissioning producer acquires takeover rights and, then or later, at any time, decides in their sole and absolute discretion that completing the film is not financially viable, they may, by notice in writing, delivered to the film production company itself, formally declare the production of the film abandoned and thereby bring the film’s production to a formal end. Acquisition agreements These agreements are intended for use in circumstances where a company obtains from the film’s owner rights across multiple separate media for a specified territory. See: Acquisition...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 9 July 2019; it is no longer maintained. See further, timeline commentary andrelated cases. Case facts Outline The European Commission pursued an Article 101 investigation into vertical limitations that prevented traders from selling licensed goods into other EEA markets. These measures covered products featuring Hello Kitty or other Sanrio-owned characters. Latest development On 9 July 2019, the Commission delivered an infringement decision against Sanrio, levying a €6,220,000 fine (following an ‘informal settlement’) for applying vertical constraints on cross-border sales of licensed merchandise depicting Hello Kitty or other characters, in breach of Article 101 TFEU. Parties Sanrio Company, Ltd ( Sanrio) is a Japanese company that creates, licences, produces and sells products featuring Hello Kitty, an anthropomorphic cat girl also known by her full name Kitty White, along with other well-known...
CASE HUB NOTE—appeal lodged before the General Court in Case T- 876/19 in relation to the imposition of interim measures ARCHIVED – this case hub captures the position at the date the commitments were accepted on 7 October 2020; it is no longer maintained. For more, see the timeline, commentary and related cases. Case facts Appeal before the General Court ( Case T‑876/19). Outline European Commission Article 102 TFEU probe into Broadcom Inc concerning alleged exclusionary conduct in supply of systems-on-a-chip for TV set‑top boxes and modems ( Case AT.39711). Latest development On 7 October 2020, the Commission stated it had accepted commitments from Broadcom, and therefore closed the investigation......
This Practice Note has been prepared in collaboration with Anthony Partridge of Ogier, Cayman Islands, and Wisdom Hon of Ogier, Hong Kong. Introduction For individuals who are not domiciled in the Cayman Islands but personally hold assets located in the Cayman Islands, they may put in place a separate Will governed by Cayman Islands law to dispose of those assets and ease the subsequent probate process. Under Cayman Islands law, the governing law for both the formal validity and the essential/material validity of a Will made by a person domiciled abroad depends on the nature of the assets concerned. For immovable property situated in the Cayman Islands, the applicable law is the lex situs, namely the law of the Cayman Islands. For movable property, including cash held in bank accounts or shares in Cayman Islands companies (such as Cayman Islands exempted companies), the applicable law is the law of the...
Application for Grant of Probate No Grant of Representation will be issued by the Registry unless, at the date of death, the deceased owned assets solely in their name, located within the Registry’s jurisdiction, and the relevant asset holder confirms that a grant is needed for those assets. Guernsey domiciled testator In Guernsey, the Probate Registry administers the probate jurisdiction locally. The Registrar manages the Registry’s day-to-day business, handling daily administration in practice......
Popular documents
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 ]...
Discover more from LexisNexis
