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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 principle of transferred malice/transferred mens rea The Supreme Court has indicated that a more accurate label than 'transferred malice' is 'transferred mens rea'. Indeed, 'transferred malice' has been criticised as a misleading tag. Accordingly, this article will use 'transferred mens rea'. The doctrine is engaged when a criminal purpose produces an unintended result or injury. It operates so long as the result or injury is of the same character as that intended, even if the person harmed is not the person aimed at. Latimer illustrates the foundational rule. D attempted to strike V with his belt, missed, and unintentionally struck V2. D was convicted of assault notwithstanding the absence of an intention to hit V2. The same logic was applied in Mitchell, in which D assaulted V, causing V to topple into V2. V2 was elderly and suffered a fracture that led to her death in...
This Practice Note identifies the traffic authorities empowered to manage highway traffic across the highway network under the Road Traffic Regulation Act 1984 ( RTRA 1984), and outlines a traffic authority’s obligations in relation to road traffic. It sets out how that duty is discharged by making Traffic Regulation Orders ( TROs) pursuant to the RTRA 1984, and the situations where approval from the Secretary of State or the Welsh Ministers is required, where necessary and appropriate, before an Order is made. What is a Traffic Regulation Order? A TRO is a formal order or byelaw issued by a traffic authority specifying the type and scope of traffic restrictions within a particular locality......
Where a respondent (debtor) cannot be located, enforcing an order becomes problematic. If nothing useful is known and no redirection address exists, information may be sought from government departments. This Practice Note explains when departmental data may be obtained to identify a debtor/respondent’s address, the steps for making an application, the relevant Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955—most notably FPR 2010, PD 6C and FPR 2010, SI 2010/2955, Pt 18—and summarises the details government departments require. It covers applications issued on or after 6 April 2022; for the Practice Direction that applied to applications issued before 6 April 2022, see the earlier version referenced there... Application On an applicant’s request, the court may ask government departments to disclose the address of a debtor who cannot be traced. The governing provisions sit within FPR 2010. From 18 January 2023, FPR 2010, PD 6C was...
Practice Note This Practice Note examines how to file extension bids under the Tier 1 ( Investor) pathway. It additionally outlines the length and terms of leave, and the curtailment rules that will bite where the required investments were not put in place within the stipulated period after the initial grant of leave and then kept up. The Tier 1 ( Investor) strand was shut to fresh applications, without prior notice, from 16.00 on 17 February 2022 via Statement of Changes in Immigration Rules CP 632. Individuals already holding leave in this route can still prolong their stay, including seeking entry clearance from overseas if they have held leave as a Tier 1 ( Investor) migrant during the 12 months before the date of application, and can also apply for settlement. Extension requests lodged in the UK or abroad had to be filed by 17...
Practice Note: Termination payments taxed as earnings The starting point for any termination payment or benefit is to determine whether, on basic principles, it is chargeable as earnings or an emolument of an office or employment under section 62 of the Income Tax ( Earnings and Pensions) Act 2003 ( ITEPA 2003). That issue must be decided before looking at any other charging provisions. For the principles to apply when deciding if a payment linked to the termination of an office or employment is taxable as earnings (or emoluments) under ITEPA 2003, s 62, see Practice Note: Termination payments taxed as earnings. This Practice Note concentrates on the specific deeming rules in ITEPA 2003, Part 6, Chapter 3, which subject to income tax payments and benefits on the termination of, or a change in the duties or functions of, an office or...
Trustee’s checklist The trustee should address the following: Termination of the trust Note key termination triggers, eg a beneficiary attaining 25 Review tax planning in advance of termination Confirm the validity of termination paperwork Check and record the termination date Accounts and liabilities Locate and settle all liabilities Finalise outstanding tax obligations Prepare closing accounts Distribution of assets Confirm the beneficiaries List the trust assets Determine each beneficiary’s entitlement Secure a release, discharge or indemnity Distribute assets and transfer legal title See also: Trustees' checklist on the termination of a trust. Methods of terminating a trust Subject to the terms of the particular trust, an express trust can generally be concluded in the following ways: The settlor invokes a power to revoke The disposition of property into the trust is set aside Expiry of a...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the judgment of 17 February 2011; it is no longer maintained. See further: timeline, related/relevant cases and commentary Case facts Outline A request for a preliminary ruling under Article 267 TFEU was referred by the Stockholm District Court to the Court of Justice, addressing how Article 102 TFEU applies in a margin squeeze scenario. The Court of Justice handed down its judgment on 17/02/2011. The Telia Sonera case forms part of a series of notable and high‑profile European matters concerning broadband provision by former national incumbents in newly liberalised telecommunications markets, and has helped confirm, among other points, that a ‘margin squeeze’ constitutes a stand‑alone abuse, capable of existing without additional exclusionary measures. Parties Telia Sonera Sverige AB ( Telia Sonera) Stockholms tingsrätt ( Stockholm District Court) Swedish...
Permitted development rights for telecommunication development Certain types of telecommunication works, eg mobile telephone masts, qualify as permitted development, meaning planning permission is therefore not generally required in practice. For more information and guidance, refer to Practice Notes: Permitted development in England, Permitted development rights and the prior approval system, and Permitted development in Wales. In England, from 4 April 2022, specific permitted development rights for telecommunications were broadened, following a consultation, to advance the UK’s ambition for nationwide gigabit-capable broadband and 4G coverage, with 5G available to most of the population, by 2030. See: LNB News 07/03/2022 53. These revisions are reflected within this Practice Note where relevant. What, then, is permitted?......
This Practice Note considers the role of state immunity in relation to arbitration proceedings in general terms. For fuller and more detailed guidance on state immunity and arbitration in the United Kingdom under the State Immunity Act 1978 ( SIA 1978), consult Practice Note: State immunity in proceedings relating to arbitration ( England & Wales). In addition, for additional Practice Notes covering state immunity across a range of jurisdictions around the world (including China, Russia and Singapore), refer to the ‘ State immunity’ subtopic: State immunity and arbitration—overview. In the modern global economy, commercial actors regularly deal with states and entities owned or controlled by states when pursuing overseas investment prospects or entering into cross-border agreements. As with dealings exclusively between private parties, participants in such international arrangements are increasingly selecting international arbitration to resolve prospective disputes rather than pursuing court...
This Practice Note examines the place of state immunity in connection with arbitration proceedings in the British Virgin Islands ( BVI), and its interaction with arbitral processes. For an overview of state immunity and arbitration, see Practice Note: State immunity and arbitration—general considerations. In addition, for Practice Notes on state immunity across jurisdictions around the world (including England and Wales), see our ‘ State immunity’ subtopic: State immunity and arbitration—overview. Introduction and background This Practice Note explores the subtle yet significant topic of state immunity in the BVI within the sphere of commercial arbitration agreements. When a state or a state-owned body joins a commercial contract, the private counterparty will invariably wish to be confident that any dispute between them and any resulting award against that entity can be properly enforced. This concern is particularly acute where the state may assert ‘state immunity’ in order to...
ARCHIVED: This Practice Note has been archived and is not maintained. A wide-ranging overhaul of the UK listing framework took effect on 29 July 2024, abolishing the premium and standard segments and introducing a single listing class for equity in commercial companies. This commercial companies class is strongly disclosure-led and sits alongside other categories, including shell companies, secondary listings and closed-ended investment funds. These categories operate in parallel within the overall regime. To deliver these reforms, the UK Listing Rules sourcebook commenced and the previous sourcebook was withdrawn. For more detail see Practice Note: Reform of the UK listing regime—fundamentals. This Practice Note describes the position before 29 July 2024 and is kept solely for reference. It examines the rules applying to sponsors, covering admission as a sponsor, sponsor competence, the principles governing sponsors, systems and controls, and the sponsor’s duties to the issuer and to the...
This Practice Note This Practice Note examines how the courts approach specific disclosure under CPR 31.12, together with considerations under article 6(1) and article 8 of the European Convention on Human Rights ( ECHR). It sets out the principles applied (including in procurement matters) and addresses: confidentiality; enhanced disclosure or train of enquiry material; documents cited in statements of case and witness statements; and compliance with an order for specific disclosure and/or specific inspection. The interaction with applications for further information under CPR 18 is also considered. Finally, it provides practical tips on specific disclosure. This Practice Note offers guidance on interpreting and applying the relevant CPR provisions. Depending on the court in which your case is proceeding, you may also wish to follow additional court-specific guidance noted below. The Practice Note considers the courts’ approach to specific disclosure under CPR 31.12 and should be read...
Loan market and developments Consumer lending to Spain’s private sector has remained on a steady course overall, reaching €181.46bn in December 2024. This sits close to the long-term average of €187.53bn recorded from March 2007 to December 2024, pointing to a stable yet lively lending environment. This trend reflects a market that remains resilient and active. Strong growth is anticipated in 2025 and 2026, supported by Spain’s broader economic upswing. GDP expanded by 3.2%, helped by a services‑led economy, limited dependence on energy‑intensive activities, and a reviving tourism industry. Credit financial institutions continue to gain ground, especially within Buy Now Pay Later ( BNPL) offerings. Spain’s BNPL segment, having grown robustly between 2021 and 2024, is forecast to rise by 11.6% in 2025, reaching US$8.91bn. From January to March 2025, credit extended by financial institutions has been broadly unchanged, while fixed interest rates have edged...
What are site waste management plans? Site Waste Management Plans ( SWMPs) were created to bring stronger rigour and openness to tracking waste movements across numerous schemes in the property and construction industry. First adopted as a best practice tool, they later gained effect via the Site Waste Management Plans Regulations 2008 ( SWMP Regulations), SI 2008/314; these were then repealed in 2013 under the Government’s ‘ Red Tape Challenge’, returning SWMPs to a non-statutory status. Despite this, many organisations still operate some form of SWMP, viewing it as an industry norm for the efficient identification, classification and control of wastes (and materials) higher up the waste hierarchy and prior to site works commencing (so that benefits can be realised from design etc to eliminate or plan to re-use wastes). As such, they remain widely referenced as an industry standard for...
Compulsory interviews under Criminal Justice Act 1987, s 2—section 2 interviews Compulsory interviews conducted under section 2 of the Criminal Justice Act 1987 ( CJA 1987) are an investigatory power bestowed on the Serious Fraud Office ( SFO) to probe any suspected offence that involves serious or complex fraud as part of its investigative remit. The section 2 interview power authorises the SFO to compel: the attendance of witnesses at interview answers to questions posed during such interviews the production of documents The procedure is set in motion by issuing a section 2 notice. The Director of the SFO may delegate investigative functions under CJA 1987, s 2 to members of the SFO, or to any competent investigator (other than a constable), for the purpose of investigating the affairs specified in the grant of the authority. Evidence of that authority must be produced to the person before they are bound to...
Protected characteristics This Practice Note examines the meaning of the protected characteristic of sexual orientation for the purposes of protection from discrimination and other prohibited conduct under the Equality Act 2010 ( Eq A 2010), namely: orientation towards persons of the same sex orientation towards persons of the opposite sex orientation towards persons of either sex It draws on case law guidance, including whether an actual and/or perceived sexual orientation is protected. Although the statutory wording does not, on its face, extend to sexual practices or sexual conduct, there is frequently a link between certain behaviours and a particular sexual orientation, and that connection may itself attract protection. For a guide to our materials on protections and liabilities arising from acts and omissions that amount to sexual orientation discrimination, or other forms of prohibited conduct linked to sexual...
A developer of a housing estate or another facility will normally need to install sewers and drains to manage both domestic sewage and surface water effectively. Sections 21 and 22 of the Building Act 1984 empower a local authority to insist that drains are connected to sewers in certain circumstances clearly defined. Construction specifications Where a sewerage undertaker judges that a proposed sewer could be required as part of its wider sewerage network, it may, where appropriate, insist that the developer—excluding a railway, canal, dock or harbour undertaker carrying out works on its own land—constructs it to the undertaker’s own specification. Any such stipulation must not conflict with, or go beyond, the standards prescribed under s. 106B of the Water Industry Act 1991 ( WIA 1991). Please note that in Wales, the relevant parts of s 106B, inserted by section 42 of the Flood and Water...
This Practice Note looks at pensions-related issues that can arise under settlement agreements within the arena of English law. Settlement (or compromise) agreements are frequently used in the employment law sphere to resolve and conclude outstanding claims brought by employees against employers (and vice versa), particularly on the termination of employment. These claims can stem from multiple sources, such as statutory rights, contractual obligations in the relevant employment contract(s), or from common law areas including tort, for example allegations of negligence. statute the relevant contract(s) of employment, or areas of common law such as tort (for example, claims alleging negligence) Claims may arise at any point in the employment lifecycle—at recruitment, during the period of employment, or upon departure—and can involve intricate and costly issues. This is particularly true where the settlement agreement concerns senior executives, which is frequently the...
This Practice Note presents an overview of the key features of the UK‑ EU Trade and Cooperation Agreement ( UK‑ EU TCA) that pertain to trade in services between the UK and the EU. It explains the TCA’s scope for services and the generally applicable principles, including Market Access, National Treatment, Most Favoured Nation ( MFN), Domestic Regulation, performance requirements, recognition of professional qualifications, entry and temporary stay of persons for business purposes, and the nationality of senior management and boards. It also outlines disciplines tailored to delivery services, telecommunications services, financial services, international maritime transport services, and legal services. Introduction to the UK- EU Trade and Cooperation Agreement On 24 December 2020, UK and EU negotiators reached a deal defining their future relationship. The UK‑ EU TCA is a comprehensive accord responding to the UK’s withdrawal from the EU’s internal market ( Brexit)....
This Practice Note explains the rules for serving notices and other documents during arbitration, pursuant to sections 76–77 of the Arbitration Act 1996 ( AA 1996). It should be read alongside the guidance on commencing arbitration under the AA 1996—see, for example, Practice Note: AA 1996—starting an arbitration. The approach to service adopted by the AA 1996 is adaptable, intended to guarantee that some means of service can be achieved in almost all cases, save for the exceptional situations outlined below. The parties are equally at liberty to determine how service is to occur in their arbitration, and the court has no authority to disturb that agreement ( AA 1996, s 76, a non-mandatory provision of the Act). Service of notices and other documents Note that section 76(5) makes plain that section 76 does not apply to the service of documents for the purposes of legal...
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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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