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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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Introduction Exemption clauses are contractual provisions that seek to exclude or limit liability for particular breaches, acts or omissions. They are prevalent in both commercial and consumer agreements and primarily operate to allocate risk. Nevertheless, they often trigger concerns about fairness and disparities in bargaining power, prompting extensive judicial oversight and statutory control. The main frameworks that regulate exemption clauses are: common law controls: incorporation, construction and interpretation statutory regulation: the Unfair Contract Terms Act 1977 ( UCTA 1977) for business settings and the Consumer Rights Act 2015 ( CRA 2015) for consumer contexts For an illustration of a standard limitation of liability provision, see Precedent: Limitation of liability clause. Underlying policy tension: freedom of contract vs protection from unfair or hidden terms. At the core of this area lies a fundamental tension between the freedom of parties to contract on terms of their choosing and the need to...
Irish employment law sets out protections for staff who become parents or take on caring roles. Statutory maternity, adoptive and paternity leave arise under the Maternity Protection Act 1994 ( Ireland) (as amended, MPA 1994 ( IRL)), the Adoptive Leave Act 1995 ( Ireland) (as amended, ALA 1995 ( IRL)) and the Paternity Leave and Benefit Act 2016 ( Ireland) (as amended, PLBA 2016 ( IRL)). These statutes provide time away from work and social welfare supports for new parents. Wider family entitlements, including parental leave and parent’s leave, are set by the PLA 1998 ( IRL) and the Parent’s Leave and Benefit Act 2019 ( Ireland) ( PLBA 2019 ( IRL)). Those in caring roles may take leave under the Carer’s Leave Act 2001 ( Ireland) ( CLA 2001 ( IRL)) to deliver full-time care to a dependent person without...
This Practice Note considers the approach of the English courts when considering whether to stay English court proceedings where the parties have agreed an exclusive, non exclusive or asymmetric jurisdiction clause. The courts deploy the strong reasons test when deciding whether to grant a stay. A jurisdiction agreement may point to the English courts or to a foreign court, as expressly stated within the clause. Where the parties have opted for an English jurisdiction clause yet a claim is commenced abroad, the English courts can be invited to restrain the overseas claimant from continuing those proceedings, for instance through an anti‑suit injunction. For further guidance, see Practice Note: Anti‑suit injunctions—principles. On issues of forum non conveniens, the English courts follow the approach in Spiliada Maritime Corporation v Cansulex Ltd (1987), namely whether there exists a clearly or distinctly more appropriate forum for...
Scope of this Practice Note This Practice Note sets out a high-level overview of representative actions in Ireland under the Representative Actions for the Protection of the Collective Interests of Consumers Act 2023 ( Ireland) ( RAPCICA 2023 ( IRL)), which implements Directive ( EU) 2020/1828 (the EU Representative Actions Directive) into Irish law. It summarises the function of Qualified Entities ( QEs), the remedies available, procedural steps, and central constraints—such as the ban on third-party litigation funding and the opt-in character of claims. A comparison with other jurisdictions is also included. Evolution of collective redress in Ireland Collective, or class, actions allow groups of individuals to pursue claims together, enhancing procedural efficiency and sharing the burden of litigation. While countries such as the United States have long operated comprehensive class action regimes, Ireland has traditionally lacked a comparable framework. RAPCICA 2023 ( IRL)...
This month, the Australian Competition & Consumer Commission ( ACCC) completed the waiver notification form and announced that the revised asset thresholds and control thresholds will take effect on 1 April 2026 (instead of 1 January 2026); the Common Market for Eastern and Southern Africa ( COMESA) Council of Ministers endorsed the new COMESA Competition and Consumer Protection Regulation (2025) and Competition and Consumer Protection Rules (2025) (which introduce changes to merger control); the New Zealand Government introduced a bill to reform its competition law (including merger control); major amendments were proposed in Norway to revise the Competition Act (also covering merger control); the Swiss Parliament approved significant reforms to the Competition Act, including a comprehensive overhaul of merger control; and the Taiwan Fair Trade Commission ( FTC) proposed changes to merger filing and monopoly...
Defences under article 13(a) This Practice Note explains the article 13(a) defences that can be relied upon when answering an application made under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the 1980 Hague Convention). The available bases are that the left behind parent either consented to, or subsequently acquiesced in, the child’s removal or retention, or that the left behind parent was not, at the relevant time, actually exercising their rights of custody. For practical guidance on defences to an application under the 1980 Hague Convention, see Practice Notes: Child abduction—introduction to defences under the 1980 Hague Convention Defences under the 1980 Hague Convention—child settled in new jurisdiction Defences under the 1980 Hague Convention—grave risk of physical or psychological harm Defences under the 1980 Hague...
Note The FCA issued its Regulatory Priorities Report for retail banking in March 2026 (see FCA publishes 2026 regulatory priorities report for retail banking). This Practice Note will be updated to take account of the Report. This Practice Note examines how the FCA’s Consumer Duty applies to retail banks and building societies. For simplicity, the term ‘retail bank’ is used throughout to cover both institutions, unless a distinction is required. The Consumer Duty became effective on 31 July 2023 for new and existing products and services that remain open for sale or renewal. In broad terms, the Duty applies to firms carrying out regulated activities in the UK within the FCA’s remit. Given their extensive product and service ranges, retail banks may have direct relationships with retail customers, and indirect ones through participation in distribution chains that end with a retail customer. The Consumer Duty is...
Governing legislation The process of transferring undertakings is regulated by SI No 131/2003 European Communities ( Protection of Employees on Transfer of Undertakings) Regulations 2003 ( Ireland) ( SI No 131/2003 ( IRL)), commonly known as the TUPE Regulations 2003 ( IRL). These 2003 Regulations superseded SI No 306/1980 European Communities ( Safeguarding of Employees’ Rights on Transfer of Undertakings) Regulations 1980 ( Ireland), as later amended by SI No 487/2000 European Communities ( Safeguarding of Employees’ Rights on Transfer of Undertakings) ( Amendment) Regulations 2000 ( Ireland). The earlier regime gave effect to the EU Acquired Rights Directive 77/187/ EEC in Ireland. Relevant transfers Numerous European Court of Justice ( ECJ) rulings have clarified what amounts to a transfer for the purposes of Directive 77/187/ EEC and, in turn, the TUPE Regulations 2003 ( IRL). A detailed review of that body of caselaw lies outside this...
In-house counsel are routinely expected to deliver more with fewer resources, frequently without meaningful administrative assistance. This Practice Note shares pragmatic ideas for applying artificial intelligence ( AI) to day-to-day admin, freeing time to concentrate on higher-value legal matters and enhancing your work-life balance. For in-house teams, AI’s influence will be incremental, not headline-grabbing. Shaving minutes off each email, précis, or note can amount to hours recouped every week. Begin modestly: pinpoint one or two routine pain points, trial AI assistance, and iterate your method. Gradually, these marginal gains can reshape how your legal team handles its daily workload. What AI can and cannot do Generative AI is a highly effective aid for the routine, repetitive admin that drains in-house lawyers’ time each day. That said, there are boundaries on how AI can (and ought to) be employed by legal...
The prime/subcontractor model To deliver a complete IT portfolio for clients, technology providers may engage specialist third parties to enhance their proposition. In this scenario, the provider is commonly the prime contractor, and any extra suppliers appointed by the prime to perform parts of the contracted services are treated as subcontractors. Under this prime/subcontractor arrangement, the prime holds contractual, financial, and operational accountability for providing the services to the customer under the prime contract, regardless of whether delivery is undertaken by the prime itself or by a subcontractor. Consequently, where a subcontractor’s act or omission gives rise to a breach of contract and causes loss, the customer will be entitled (subject to the contract terms) to bring a contractual claim against the prime contractor for the damages suffered due to the subcontractor’s default. Owing to this exposure, the prime will often seek to charge the...
This month, Argentina has created a new National Competition Authority that will make the country a pre-closing jurisdiction by November 2026, while the Bulgarian Government has also unveiled new measures on additional below-threshold merger oversight and fresh, further extended ‘call-in’ powers. Argentina— Government establishes new National Competition Authority and will become a pre-closing jurisdiction by November 2026 On 14 November 2025, Argentina officially set up the Autoridad Nacional de Competencia ( ANC) via Decree 810/2025, naming its first members. This launch constitutes a long-awaited institutional overhaul under the Argentine Antitrust Law ( Law No. 27,442) ( Antitrust Law) and a key step in updating the nation’s competition framework. The ANC’s formation will transform merger control in Argentina. Pursuant to section 84 of the Antitrust Law, the new pre-closing filing regime will commence one full calendar year after the ANC is constituted (on 17 November 2026),...
This Practice Note offers practical guidance on using trade remedies under the Comprehensive and Progressive Agreement for Trans‑ Pacific Partnership ( CPTPP). It therefore sets out practical direction on applying anti‑dumping duties, countervailing measures and safeguard measures within the CPTPP framework. As such, it guides the practical application of those measures within the CPTPP context in practice. Introduction THE CPTPP is a free trade agreement comprising 11 countries: Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. It builds on the earlier Trans‑ Pacific Partnership Agreement ( TPP), to which the United States was also a negotiating party. In substance, the CPTPP carries across all TPP provisions except those concerning accession, entry into force, withdrawal and what constitutes the authentic texts of the TPP. A number of other countries have applied to join the CPTPP, including China, Costa Rica,...
Introduction The behaviour of the party who seeks financial provision has long been a relevant consideration over many years. Section 1(6) of the Inheritance ( Family Provision) Act 1938 ( I( FP) A 1938), as amended, instructed the court to take into account and carefully weigh “the conduct of the applicant in relation to the deceased and otherwise”. Although section 3(1)(g) of the Inheritance ( Provision for Family and Dependants) Act 1975 ( I( PFD) A 1975) does not expressly cite conduct towards the deceased, on its face, it has, in practice, most often been, in reality, the claimant’s behaviour towards the deceased that has influenced the court in deciding both whether the disposition of the deceased’s estate failed to make reasonable provision and, if so, in what way and to what extent it should use its discretion. Because conduct by any...
For a fuller analysis of regulation, consenting and incentivisation within the net zero energy shift under the laws of England and Wales, see: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. The textbook offers detailed treatment of themes addressed in this Practice Note. This Practice Note outlines the proposed Gas Shipper Obligation ( GSO), a levy upon licensed gas shippers in Great Britain ( GB). It describes the GSO and identifies its legal footing, geographical reach, administrator, the method of calculation and charging, credit support obligations, potential exemptions, and linkages with low carbon hydrogen production and blending. It highlights the principal policy developments informing the GSO’s design and considers practical consequences for market participants. It also signals where further guidance may emerge and how stakeholders might prepare. What is the GSO? The GSO is a proposed charge on licensed gas...
Applicant seeking service This Practice Note explains the procedure for serving documents through transmitting and receiving agencies under Regulation ( EU) 2020/1784, the Service Regulation (recast), Chapter II, section 1. It addresses what each agency requires, how service is carried out, and when an addressee may decline service. It also outlines how the date of service is fixed, which can be crucial where limitation could arise, and it discusses the costs of using this route. For details of the transmitting and receiving agencies appointed by the EU Member States, see the Europa e-justice portal— Serving documents (recast). The portal lists the EU Member States; select a country to display the relevant information. This Practice Note should be read alongside Practice Note: The Service Regulation (recast). In practice, this route of service can be time-consuming: build in time for delay, or consider using more than one...
Data security sits at the heart of the EU General Data Protection Regulation ( EU GDPR). The sixth data protection principle—integrity and confidentiality—requires you to adopt suitable technical and organisational measures so that personal data is processed with appropriate security, including: protection against unauthorised or unlawful processing accidental loss, destruction, or damage This Practice Note reflects Data Protection Commission ( DPC) guidance on personal data breaches under the EU GDPR, and also draws on guidance from the European Data Protection Board ( EDPB). Data security requirements Article 32 puts practical detail behind the GDPR’s integrity and confidentiality principle. You must implement appropriate technical and organisational measures to achieve a level of security proportionate to the risk, taking into account: the nature, scope, context, and purpose of processing the risk of varying likelihood and severity for the rights and freedoms of data...
What is biometric excuse or predetermination? Where an applicant cannot reach a Visa Application Centre ( VAC) because the trip is hazardous or impossible, they may request a biometric pre-determination or a biometric excuse. A biometric pre-determination asks for the application to be assessed before biometric enrolment. If granted, the applicant must attend a VAC to enrol their biometrics prior to entering the UK. If a biometric excuse is requested and approved, the applicant will be permitted to enter the UK and will be required to enrol their biometrics after arrival. For more details on application processes, see Practice Note: Procedure for applying from overseas. Procedure After submitting the substantive immigration application, applicants will need to make an online request to Contact UKVI which, at the time of writing, attracts a small fee. They must provide: GWF number(s) linked to the...
This playbook This playbook sets out guidance for preparing and negotiating a consultancy agreement where a consultancy company supplies an individual consultant’s services to a client company (a ‘loan‑out’ arrangement), from a pro‑client or hirer standpoint. It offers a preferred position and a fallback position for the clauses most often negotiated, but may not address every issue that could arise on a specific consultancy agreement. The template can be adopted by lawyers for the client or hirer, whether operating in‑house or in private practice. Users should tailor the playbook where needed to tackle client‑specific matters and to ensure the client’s interests are fully safeguarded. The level of risk described in the playbook may vary according to the client. Note that the playbook does not include fallback positions for all boilerplate clauses, for scenarios where confidential information includes personal data, or detailed provisions for...
What is costs management? Costs management is the process by which the court directs both the steps to be taken and the parties’ expenditure to advance the overriding objective ( CPR 3.12(2)). It is implemented through costs budgeting and costs management orders ( CMOs), intended to secure proactive and proportionate control of costs. A CMO is a judicial order that regulates the costs to be incurred in litigation, aiming to keep them within the agreed or approved figures in a party’s approved costs budget and in line with proportionality principles. For further information on costs management and costs budgeting generally, see Practice Note: Costs management and costs budgeting—general principles. What are costs budgets? The following provides a high-level overview of completing a costs budget and the points to consider. For more detailed guidance (in addition to the outline below), see Practice Notes: Costs...
CASE HUB ARCHIVED This archived case hub captures the position as at the final decision dated 14 October 2025; it is no longer being updated. See further: timeline. Case facts Outline European Commission Article 101 TFEU investigations into resale price maintenance involving Gucci, Chloé and Loewe ( AT.40840, AT.40880 and AT.40881) Latest development On 14 October 2025, the Commission adopted three infringement decisions, imposing fines totalling €157.4m on Gucci, Chloé and Loewe. The penalties on the three undertakings were: Gucci — €119.67m (including a 50% reduction for co-operation) Chloé — €19.69m (including a 15% reduction for co-operation) Loewe — €18.01m (including a 50% reduction for co-operation) Parties Gucci: Gucci is an ......
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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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