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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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Scope of this Practice Note This Practice Note delves into the notion of Super Man Cos, i.e. firms authorised to administer both UCITS and alternative investment funds ( AIFs), highlighting the advantages of dual authorisation. It also outlines the route to securing Mi FID permissions, enabling UCITS Man Cos to undertake supplementary activities. In addition, it explains the passporting entitlements that permit UCITS Man Cos to operate across EU Member States, either via branch establishments or under the freedom to provide services. The note further considers engagement with the Central Bank of Ireland ( CBI), detailing its supervisory functions and the circumstances in which authorisation can be revoked. Overall, this document acts as a key reference for organisations seeking to navigate the Irish regulatory framework for UCITS Man Cos. For further details on UCITS funds, see Practice Note: Ireland—...
When disagreements arise in property transactions, parties typically have a number of avenues for resolving matters, each bringing its own benefits and drawbacks. This Practice Note explores those routes and provides examples of the types of property dispute that may lend themselves to settlement through alternate dispute resolution ( ADR). ADR in property disputes It is well recognised that ADR can be an effective method of resolving disputes, especially in property disputes and other commercial transactions. ADR is: efficient cost-effective capable of producing settlements that courts may not be able to replicate more imaginative than judicial awards tailored to the commercial needs of the parties At present, ADR is not compulsory in Scotland, so it is not a necessary pre-requisite to legal proceedings; however, practitioners still have obligations to advise on, and consider, ADR......
This Practice Note offers practical guidance on the rules of origin relevant to trade in goods under the Australia United Kingdom Free Trade Agreement ( Aus- UK FTA). Introduction Rules of origin set the criteria for determining where a product is from. Establishing origin is crucial for trade between Australia and the UK, as only goods treated as originating in either territory benefit from preferential tariffs, which are predominantly zero-rated. For further guidance on trading in goods and the tariff commitments under the Aus- UK FTA, see Practice Note: Trade in goods under the Aus- UK FTA. Goods that are not originating are subject to tariff treatment under the World Trade Organisation ( WTO) framework and will attract the Most Favoured Nation ( MFN) rate that applies to all WTO Member States. For guidance on MFN, see Practice Note: An...
The EU has long championed fairness and equality in the workplace. Across the years, meaningful progress has been made to address the enduring challenge of equal treatment and the gender pay imbalance, which continues to be a pressing concern. Against this backdrop, Directive ( EU) 2023/970 — the EU Pay Transparency Directive ( EU PTD) — is a pivotal statute intended to shrink the gender pay gap, increase openness in pay frameworks and secure effective remedies for discrimination. This Practice Note reviews the EU legal framework on equal treatment and equal pay, charting the development of the principal measures since the late 1970s, the updates introduced by the EU Pay Transparency Directive and what these mean for both employers and workers. Principles of equality in the EU Treaties Equality is a foundational element of EU law and societal values, firmly embedded in the...
Introduction This Practice Note explains the procedure for handling Variations under the 2017 FIDIC Red, Yellow and Silver Books, whether the Engineer or Employer issues a Variation, whether the Engineer or Employer invites a proposal for a Variation, or whether the Contractor originates the Variation (value engineering). For further detail on Variations within the 2017 editions, see Practice Note: FIDIC contracts 2017—variations. Clauses 13.1 to 13.3 primarily control Variations, identifying the entitlement to modify the Works and the process to be applied. In the Red and Yellow Books, the Employer is not authorised to give Variations directly. Instead, the Employer must route any related Variation requests and instructions through......
CASE HUB ARCHIVED This archived case hub captures the position as at the decision of 8 December 2025; it is no longer being updated. See the timeline for further details. Case facts Outline European Commission merger review of Mars, Incorporated’s proposed acquisition of Kellanova ( M.11753). The deal features horizontal overlaps in the supply of food products. Latest developments On 8 December 2025, the Commission granted unconditional clearance. While Mars, Incorporated and Kellanova possess market power and could, in theory, link categories in negotiations, the evidence did not indicate that the merger would bolster Mars, Incorporated’s bargaining power vis-à-vis retailers. Shoppers were unlikely to change supermarkets due to the parties’ products being unavailable, and no ‘basket effect’ was proven. Parties Mars, Incorporated ( Mars): Headquartered in the US. A worldwide supplier of confectionery, food products, pet food and animal care services. Its portfolio includes chocolate countlines (e.g. Twix, Mars,...
The Screening of Third Country Transactions Act 2023 ( Ireland) ( STCTA 2023 ( IRL)) marks Ireland’s first regime for screening foreign direct investment and implements Regulation ( EU) 2019/452, widely referred to as the EU Foreign Direct Investment Regulation. Deals involving third countries (covering third country nationals and/or third country undertakings) must now be notified to the Minister for Enterprise, Trade and Employment in Ireland (the Minister), who may prohibit, or attach conditions to, such arrangements. This Practice Note outlines selected core features of STCTA 2023 ( IRL), alongside the notification obligations under STCTA 2023 ( IRL). Key dates STCTA 2023 ( IRL) took effect on 6 January 2025 (the Commencement Date), so notifiable transactions must be submitted to the Minister from the Commencement Date. STCTA 2023 ( IRL) also contains ‘look back’ provisions permitting the Minister to examine...
This Practice Note considers the transfer of employees under SI No 131/2003 European Communities ( Protection of Employees on Transfer of Undertakings) Regulations 2003 ( Ireland) ( SI No 131/2003 ( IRL)) ( TUPE Regulations 2003 ( IRL)), as revised by the Workplace Relations Act 2015 ( Ireland). The TUPE Regulations 2003 ( IRL) give domestic effect to Council Directive 2001/23/ EC of 12 March 2001, which harmonises Member States’ laws concerning the protection of employees’ rights when undertakings, businesses, or parts of undertakings or businesses are transferred ( Council Directive 2001/23/ EC). Definition of employees To obtain statutory protection in connection with a transfer of an undertaking, individuals must be regarded as employees. Council Directive 2001/23/ EC does not provide a definition of an employee. Rather, it specifies that ‘(d) “employee” shall mean any person who, in the Member State concerned, is...
1. What is the applicable legislation? Greece’s national framework creating a screening system for foreign direct investment ( FDI), and giving effect to Regulation ( EU) 2019/452, is contained in Law 5202/2025, enacted on 22 May 2025 (the Greek FDI Law). 2. Which government or other body (or bodies) reviews foreign investments? The bodies responsible for reviewing foreign investments in Greece are as follows: the Interministerial Committee for Control of Foreign Direct Investments ( DEEAXE); and the Minister of Foreign Affairs Procedural matters in the screening process are managed by Directorate B1, which serves as DEEAXE’s secretariat and the primary contact point for foreign investors. 3. What is the scope of the foreign investment regime? Does it only apply to specific sectors or types of investors (eg foreign or non- EU/non- WTO)? Are there specific rules for certain types of investors (eg...
This Practice Note offers practical direction on the recently unveiled trade arrangement between the United Kingdom ( UK) and the European Union ( EU). Introduction On 19 May 2025, at the inaugural UK– EU Summit, the EU and UK revealed a new trade deal. Termed the Strategic Partnership, the arrangement is intended to build upon the Withdrawal Agreement, the UK– EU Trade and Cooperation Agreement and the Windsor Framework. For materials, see: For guidance on trade in goods under the UK– EU Trade and Cooperation Agreement, see Practice Note: Trade in goods under the UK– EU Trade and Cooperation Agreement. For guidance on trade in services under the UK– EU Trade and Cooperation Agreement, see Practice Note: Trade in services under the UK– EU TCA—an overview. For guidance on the Windsor Framework, see Practice Note: Joint Decision for Windsor Package to commence. The new deal is not yet...
We have created a compendium that brings together a body of essential practical guidance on the particular legal and operational implications of data protection law within the EEA. The compendium centres on the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) regime. Regarding the collection’s subject matter, there are notable similarities between the EU......
This month has not brought any material global merger control developments. Nonetheless, a few updates are worth flagging in Australia, Brazil, the EU, India, Thailand and the UK. Gun-jumping and other merger control breaches—fines issued around the world in recent weeks In recent weeks, competition authorities worldwide have announced penalties for gun-jumping/failure to notify and other breaches of merger control rules, namely: Israel: Bank Hapoalim and Israel Discount Bank were each fined ILS 40m for not notifying their acquisitions of minority stakes in Neema Shefa Israel Ltd. Bank Hapoalim purchased 20% of Neema Shefa Israel Ltd’s share capital and Israel Discount Bank around 17.5%. This is the first instance of companies being fined for holding a minority interest in a competitor without a permit from the director-general of the Israeli Competition Authority. Spain: Mémora was fined EUR 108,000 for failing to comply with...
Introduction Interim remedies supporting arbitration are easily accessible to participants in Nigerian arbitral matters, either as (i) measures granted by the arbitral tribunal, or (ii) measures issued by the Nigerian courts. The entitlement to seek interim relief has been preserved—and widened—by the new Arbitration and Mediation Act, 2023 ( AMA). Interim reliefs in pre-2023 arbitral proceedings Under the earlier regime, the Arbitration and Conciliation Act 1998 ( ACA) authorised an arbitral tribunal to order interim measures of protection ( Section 13 ACA). Article 26 Rules (1) and (2) of the Arbitration Rules, in the First Schedule to the ACA, likewise enabled the tribunal to grant protective measures, including ‘measures for the conservation of the goods forming the subject-matter of the dispute’, by way of an interim award. Although the ACA did not expressly vest the courts with power to grant interim orders such as...
Also prepared in partnership, with contributions from Marylis Clerc of Bird & Bird and Sapna Palla of White & Case LLP. What are paediatric medicines and why do we need them? Paediatric medicines are medicinal products intended for children from birth up to, but not including, 18 years of age. Over recent decades, very limited research and development in this area occurred. Numerous medicines were neither studied nor authorised for paediatric use, compelling clinicians to modify dosage and presentation of adult medicines according to their own judgement. Unsurprisingly, such widespread off-label practice carried a higher likelihood of poor efficacy and adverse reactions in children. A report by the European Medicines Agency ( EMA) states that, despite scarce data, harm did occur and was frequently underreported. Multiple factors explain the shortfall in paediatric R& D, including the perception that enrolling children in clinical trials was...
Instead of, or alongside, submitting a national patent application to a national patent office (eg a GB application at the UK Intellectual Property Office ( UK IPO)), or a regional application to a regional patent office (eg a European application at the European Patent Office ( EPO)), an applicant may file an international patent application under the Patent Cooperation Treaty ( PCT). This Practice Note outlines the principal provisions of the PCT and summarises the steps for filing an international patent application. For guidance on applying for a GB patent at the UK IPO, see Practice Note: Patent applications—how to obtain patent protection in the UK. For a directory of regional patent offices, see here, and for further details on European patent applications at the EPO, see Practice Note: European patent—application procedure. The Patent Cooperation Treaty (...
This Practice Note considers governance, contract management and reporting within common outsourcing contracts. It sets out why governance is critical in long-term arrangements and outlines the make-up of a typical governance schedule. It also reviews connected legal themes, including good faith, variation and waiver. Outsourcing deals commonly span several years and demand sustained co-operation between supplier and customer. Strong governance and reporting terms underpin that co-operation, setting clear expectations from the outset about the customer’s role in day‑to‑day service delivery, the frequency and format of the supplier’s reports, and the approach to resolving issues. This Practice Note covers: Introduction to outsourcing governance Drafting the governance provisions Legal issues Reporting For precedent governance and reporting provisions, see clause 9 and schedule 9 of Precedent: Outsourcing agreement—long form. Introduction to outsourcing governance In outsourcing, governance is the method by which the customer and supplier oversee the...
Special category personal data Special category personal data is highly sensitive or private and therefore demands heightened protection. It is closely associated with: freedom of thought, conscience and religion freedom of expression freedom of assembly and association the right to bodily integrity the right to respect for private and family life freedom from discrimination There is a presumption that such data must be handled with greater care, as collecting and using it is more likely to intrude upon these fundamental rights or expose someone to discrimination. This Practice Note assumes familiarity with the concept of personal data. It outlines what qualifies as special category personal data and offers practical guidance on when and how you may process it. This Practice Note does not cover criminal offence data, which is governed by separate rules. This is most likely to be relevant to private sector commercial organisations in the employment...
Within Lexis+ UK Legal Research, the following key Commercial resources deliver practical commentary, legislation, rules and guidance for commercial lawyers in private practice or in-house. These titles are available only with the relevant Lexis+ UK Legal Research subscription(s). Consumer law Butterworths Trading and Consumer Law The definitive consumer law text, spanning unfair commercial practices; criminal controls on consumer transactions; fair trading and civil liability for goods, services and digital content; price display and promotions; advertising; and consumer credit. Structured for practical use, it offers an all-encompassing treatment that practitioners will value. Arranged to give a hands-on approach to trading standards law, it is tailored for those who regularly enforce, comply with or advise on consumer protection. Who should use this resource? Lawyers who frequently enforce, comply with, or advise on consumer protection. Enforcement of Consumer Rights and...
Need for a grant The personal representatives ( PRs) of a deceased person’s estate will ordinarily need to secure a grant of probate or letters of administration to confirm title to the deceased’s property and to manage, realise and safeguard it for those with an interest in the estate. Although a grant is generally required to deal with an estate in England and Wales, it may not be needed depending on the nature and value of the assets and where they are held. See Practice Note: Devolution of assets and the need for a grant. The civil mechanism to address a failure to obtain a grant is a citation. Where an executor has already begun acting in the estate’s administration, they can be obliged to take probate. See Practice Note: Probate...
This Practice Note considers the continued right of residence for EU citizens beyond the initial three-month period when they are not engaged as workers or self-employed. Throughout, ‘ EU citizens’ denotes nationals of EU Member States. Nationals of the European Economic Area— Norway, Iceland and Liechtenstein—likewise benefit from EU free movement law under Directive 2004/38/ EC, the Citizens’ Directive. Accordingly, references to EU citizens in this Practice Note also include EEA nationals. Students EU national students obtain a right to reside for more than three months under the Citizens’ Directive if they: are registered at a public or private institution, accredited or financed from public funds in accordance with the host state’s law or administrative practice, for the principal purpose of pursuing a course of study, including vocational training hold comprehensive sickness insurance cover in the host Member State provide a...
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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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