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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 following records and condenses finalised inquiries undertaken by the European Ombudsman linked to DG Competition, as well as competition law matters since 2014. 2025 Case Type of complaint Issues Relevant Commission investigation or decision Developments Case 1880/2025/ MAS Access to documents This matter related to a bid for public access to a report that set out an assessment of the ‘ Do No Significant Harm’ principle for a project under a State aid inquiry Case SA.101151 30/09/2025—the Ombudsman identified no maladministration and closed the file Decision Case 275/2024/ NH Access to documents This case involved a request for public access to papers concerning a State aid investigation into railway services in Portugal Unknown 20/01/2025—the Ombudsman decided that no further enquiries were warranted and closed the case Decision Case 275/2024/ NH Access to documents This case concerned a plea for public access to...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 17 December 2018; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline European Commission probe under Article 101 TFEU into vertical limits on online advertising and cross-border sales attributed to Guess ( Case AT.40428). Latest developments On 17 December 2018, the Commission adopted an infringement decision against Asus, levying €39.821m (following an ‘informal settlement’) for restraining retailers’ online advertising and blocking cross-border sales to consumers in other Member States (‘geo-blocking’), in breach of Article 101 TFEU. Parties Guess is a United States-based clothing brand and retailer that designs, distributes and licences apparel and accessories under several trade marks, including “ GUESS?” and “ MARCIANO”. In the EEA, Guess operates a selective distribution...
CASE HUB NOTE—appeal lodged before the General Court in Cases T‑837/19, T‑64/20, T‑58/20 and T‑69/20 ARCHIVED—this archived case hub sets out the position as at the decision date of 18 July 2019; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline European Commission review of a merger concerning Vodafone’s intended acquisition of Liberty Global’s businesses in Germany, the Czech Republic, Hungary and Romania ( Case M.8864). The deal gives rise to concerns in markets for telecommunications services, especially in the Czech Republic and Germany. Latest developments On 18 July 2019, the Commission granted conditional approval, subject to commitments. It accepted from Vodafone a package of remedies designed to address its competition concerns. Parties Vodafone is a UK-based telecommunications operator. It is primarily engaged in running mobile telecommunication networks and in supplying mobile telecommunication services, including mobile voice, messaging and data services. Certain...
CASE HUB ARCHIVED This archived case hub sets out the position as at the decision date of 7 December 2018; it is no longer maintained or updated. See further, timeline, commentary and related/relevant cases. Case facts Outline European Commission Article 102 TFEU inquiry into the electricity interconnector linking Western Denmark and Germany, operated by Tenne T (case number AT.40461). Latest development On 7 December 2018, the Commission accepted commitments from Tenne T under Article 9. These commitments, which will apply for nine years, provide that: Tenne T will offer to the market the maximum capacity consistent with the safe operation of the interconnector between Western Denmark and Germany and, in any case, will ensure a minimum hourly capacity of 1 300 megawatts on the interconnector (approximately 75% of its technical capacity); this minimum guaranteed hourly capacity will be achieved following an...
CASE HUB ARCHIVED —this archived case hub reflects the position at the date of the judgment of 6 December 2018; it is no longer maintained. See further: timeline and commentary. Case facts Outline Appeal before the General Court against the European Commission’s decision finding an infringement and imposing penalties on, amongst others, Coveris Rigid France ( Coveris), for taking part in a cartel concerning retail food packaging trays in France. Outcome On 6 December 2018, the General Court ruled and rejected Coveris’ argument that liability for a €4.8m penalty should pass to the purchaser of assets sold by its parent group from the business implicated in the cartel; the Court held Coveris remained responsible. Parties Applicant: Coveris Rigid France Defendant: European Commission Coveris manufactures flexible packaging and supplies varied packaging...
ARCHIVED: This content was published in 2018 and is not maintained. This Market Standards Trend Report reviews current market practices and developments arising from the FTSE 350 annual general meeting ( AGM) season for 2018......
CASE HUB NOTE—appeal lodged before the General Court in Case T-583/20 ARCHIVED—this case hub records the position as at the decision of 12 April 2019 and is no longer maintained. See further, timeline. Case facts Outline of the European Commission’s merger probe into Nidec’s proposed acquisition of Embraco, Whirlpool’s compressor business ( Case M.8947). The deal features horizontal overlaps in the markets for refrigeration compressors. Latest developments On 12 April 2019, the Commission conditionally approved the transaction, subject to commitments. The commitments comprised a remedies package offered by Nidec including: divestment of its refrigeration compressor business covering household and light commercial applications; and a commitment to provide significant funding to the purchaser of the divested business for future investments in the facilities. Parties Nidec Corporation is a Japan-based company engaged in the engineering, manufacture, and distribution of a wide range of electric motors and motor...
HMRC's online Trust Registration Service ( TRS) HMRC’s online Trust Registration Service ( TRS) was created to give effect to the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, while advancing HMRC’s digital agenda and wider tax transparency. Subsequent enhancements were made in response to additional obligations from the fifth EU anti-money laundering directive, Directive ( EU) 2018/843 (5MLD), implemented via the Money Laundering and Terrorist Financing ( Amendment) ( EU Exit) Regulations 2020 ( MLR 2020), SI 2020/991. Although estates were not initially within MLR 2017, SI 2017/692, HMRC launched the online ERS alongside the TRS to capture complex estates’ income tax and capital gains tax ( CGT) reporting. In practice, the TRS and ERS arrived within the same online platform, though it remains convenient to describe them...
What is a legal opinion and when are they given? A legal opinion is a formal statement setting out a considered view on points of law relevant to a transaction. As outlined below, such opinions usually address several different facets of the transaction at hand, and the breadth and depth of the opinion will differ on a case-by-case basis. This Practice Note concentrates on opinions concerning matters of English law. Transactions that involve parties or assets situated in different locations will commonly require multiple legal opinions, each dealing with issues pertinent to the relevant jurisdiction. Historically, English lawyers have given formal legal opinions only to their own clients and have been notably hesitant to issue opinions for the benefit of third parties, particularly where that third party is represented by English counsel. This position reflects the view that another party should...
ARCHIVED: This archived Practice Note is no longer updated and is supplied solely for background reference and context. Additionally, certain links may not lead you to the provisions as they stood when the guidance in this Practice Note was issued and published. For details of earlier and/or later changes to the CPR, refer to: CPR Updates—overview and Procedure Rule Committee minutes—overview. This Practice Note describes the amendments to Practice Directions in the 101st Making Document, dated 7 November 2018. Those amendments introduce a video hearing pilot under CPR PD 51V, applying to applications to set aside default judgments entered under CPR 12 by the County Court for a specified sum of money......
FORTHCOMING CHANGE : The Trusts and Succession ( Scotland) Act 2024 obtained Royal Assent on 30 January 2024, signalling the first major review of Scottish trusts law in over a century, since the foundational Trusts ( Scotland) Act 1921. The trusts-related provisions will only take effect once Scottish Ministers bring forward the necessary secondary legislation, whereas certain measures on succession commenced on 30 April 2024. Key updates aimed at modernising the framework are summarised in News Analysis: Trusts and Succession ( Scotland) Bill passed. Practice Notes covering Scottish trusts and succession will be updated further to reflect this new legislation... Appointment as trustee in Will or deed In practice, trustees are appointed (or nominated) in the relevant deed of trust. For Will trusts (or mortis causa settlements), the trust deed is, or is derived from, the deceased’s Will. An appointment only takes effect once the nominee...
Gross negligence manslaughter Gross negligence manslaughter is a common law offence arising where an individual’s failings meet strict criteria. It is committed when the offender: owes the victim a duty of care and breaches that duty and that breach leads to the victim’s death and, given the risk involved, their behaviour is so seriously deficient that it amounts to a criminal act or omission For guidance on manslaughter by gross negligence, see Practice Note: Involuntary manslaughter. Only a person can commit gross negligence manslaughter; it should not be mistaken for manslaughter attributable to a company, which is a statutory offence under the Corporate Manslaughter and Corporate Homicide Act 2007. For information on corporate manslaughter, see: Corporate manslaughter—overview and Practice Note: Corporate manslaughter—an introductory guide. Sentencing of organisations for corporate manslaughter is covered by the Crown Court...
This Practice Note offers guidance on the overall conduct of an arbitration under the Hong Kong International Arbitration Centre ( HKIAC) Administered Arbitration Rules 2018 (the 2018 HKIAC Rules; HKIAC 2018). As outlined in Practice Note: HKIAC (2018)—the HKIAC Administered Arbitration Rules—application and key features, the 2018 HKIAC Rules generally govern HKIAC arbitrations begun on or after 1 November 2018, unless the parties agree otherwise; for arbitrations initiated before 1 November 2018, the 2013 HKIAC Rules will generally apply, again subject to party agreement. For an introduction to the HKIAC and its structure, see Practice Note: HKIAC—background to and structure of the institution. For guidance on commencing and answering proceedings, see Practice Notes: HKIAC (2018)—starting an arbitration and HKIAC (2018)—responding to a HKIAC arbitration. The overall approach to procedure in a HKIAC arbitration Each arbitration is unique, and a chief attraction of this form of...
This Practice Note offers an overview of the Hong Kong International Arbitration Centre ( HKIAC) Administered Arbitration Rules 2018 (the 2018 HKIAC Rules; HKIAC 2018). As outlined in more detail below, the 2018 HKIAC Rules generally apply to HKIAC arbitrations commenced on or after 1 November 2018, unless the parties have agreed otherwise. For background on the HKIAC and its composition, see Practice Note: HKIAC—background to and structure of the institution. The HKIAC Administered Arbitration Rules 2018—scope of application ( HKIAC 2018, art 1) Absent a different party agreement, the 2018 HKIAC Rules govern all arbitrations where the Notice of Arbitration is filed on or after 1 November 2018 and the arbitration agreement (made either before or after a dispute arises): states that the 2018 HKIAC Rules apply; or provides for arbitration ‘administered by HKIAC’ or wording to similar effect ( HKIAC 2018, arts 1.4 and...
CASE HUB ARCHIVED This archived case hub sets out the position as at the judgment date of 18 October 2018; it is no longer being maintained. NOTE— Appeal lodged before the Court of Justice in Case C- 823/18 Commission v GEA Group See further: timeline and commentary. Case facts Outline Appeal before the General Court against the amended European Commission decision that found an infringement and levied fines on GEA for its role in the heat stabilisers cartel ( AT.38589). Outcome On 18 October 2018, the General Court delivered its judgment, by which it annulled the amended Commission decision in full. Parties Applicant: GEA Group AG ( GEA), a German provider of process technology to the food sector and a broad spectrum of other industries. Defendant: European Commission Background By decision of 11 November 2009 (the 2009 Commission Decision), the Commission imposed fines on, amongst others, Aachener Chemische Werke...
This Practice Note explores following and tracing and addresses several of the more challenging facets of the exercise, including tracing through chains of transactions, the idea of ‘backwards tracing’, cherry-picking in tracing (mixed substitutions), and tracing in relation to digital assets. ‘ Following’ and ‘tracing’ are not causes of action in themselves, but evidential techniques for locating and identifying assets against which a claim might be brought. See Practice Note: Proprietary remedies—following and tracing. While following and tracing can sometimes be relatively simple, there are circumstances when they are especially difficult both conceptually and evidentially. A number of these issues are set out below. Tracing and chains of transactions (inference in tracing gaps) Where funds are pursued through multiple bank accounts across separate transactions, problems can arise in proving that the money that left one account is the same money ultimately sitting in a...
This Practice Note centres on supply chain sustainability within the EU and the implementing legislative measures of the European Green Deal. It offers a practical outline of the principal laws across core themes such as supply chains, product-specific regimes, and sustainability-linked due diligence obligations for trading in the EU. Note that wider, product‑specific rules should likewise be taken into account when evaluating due diligence duties. This Practice Note does not address UK legislation. For further information on legislation in the UK, see Practice Note: Supply chain sustainability— UK. What is supply chain sustainability in the EU and why is it important? During the last ten years, the EU has shifted supply chain sustainability from a voluntary strand of corporate social responsibility to a core element of regulatory compliance under the European Green Deal. This embodies the view that sustainable supply networks are essential to...
Artificial intelligence ( AI) and automated decision-making ( ADM) augment or substitute for human decision-makers in UK public administration. Examples include police use of live facial-recognition cameras, automated computations of social security entitlements, predictive environmental modelling, and algorithms proposing planning or licensing outcomes. UK government guidance treats ADM broadly, encompassing both fully automated outputs and tools that support human judgement. The legal principles set out in this Note bite even where a person ostensibly signs off the decision but substantially depends on an AI-derived score or recommendation. These technologies may deliver efficiency yet can trigger legal or comparably weighty consequences for individuals. The UK General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018 ( DPA 2018), the Human Rights Act 1998 ( HRA 1998) and the Equality Act 2010 ( Eq A 2010) impose...
This Practice Note reviews certain judicial decisions that demonstrate how Part III of the Private International Law ( Miscellaneous Provisions) Act 1995 ( PIL( MP) A 1995) operates in tort matters. Judgment and citation Facts Decision Walter Hugh Merricks CBE v Mastercard Inc [2024] EWCA Civ 759 at para [146] The proceedings involved follow-on competition claims. The Court of Appeal regarded this as an exceptional instance where the section 11 rule should yield to section 12. Its reasoning was markedly shaped by the Commission’s decision and the collective redress setting. The logic was that section 11 would otherwise lead to applying the laws of the countries in which the anti-competitive restriction occurred. Yet here, the European Commission had already determined the restriction of competition and the court was dealing with a follow-on action. It was judged ‘substantially more appropriate’ for the questions in the...
Over the course of the past month, annual adjustments have been made to merger control thresholds in Canada, Italy and the Philippines, while Montenegro has revamped its regime, introducing swifter timetables and more adaptable filing provisions. Canada—thresholds remain the same in 2026 On 2 March 2026, the Canadian Competition Bureau ( CCB) confirmed, after its yearly review, that Canadian merger notification thresholds will stay exactly as they are for 2026. The thresholds remain (in brief): size of transaction test: the target must be, or control, an operating business in Canada with more than CDN$93m (approximately €58.9m/ US$66.6m) in Canadian assets (book value) or gross revenue produced by those assets from sales in, from or into Canada (ie domestic plus export sales), and size of parties test: all parties and their affiliates (in aggregate) must together hold over CDN$400m...
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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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