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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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Duty to distribute to the correct beneficiaries When a trust concludes, trustees are obliged to transfer the trust property to the proper beneficiaries. Misdistribution exposes trustees to potential liability for breach of trust; however, they may ask the court to grant relief where their conduct was honest and reasonable... Relief for honest and reasonable conduct If the court considers that a trustee is, or could be, personally liable for a breach of trust, but finds they acted honestly and reasonably, and should fairly be excused both for the breach and for not seeking the court’s guidance, it may relieve them from personal liability, in full or in part. ‘ Honestly’ signifies acting in good faith, while ‘reasonably’ reflects prudent behaviour. This relief is discretionary, and in exercising that discretion the court will weigh the interests of both trustees and beneficiaries when deciding whether, and to what...
Consequences of non-compliance If any requirement in a remediation notice remains unmet, the enforcing authority will need to decide whether to: prosecute commence civil proceedings carry out the remediation work itself Prosecution for non-compliance Offence Failing, without reasonable excuse, to comply with any requirement in a remediation notice is an offence. A person may therefore be prosecuted even where there has only been partial compliance with the notice. Whether someone has a reasonable excuse for non-compliance is a question of fact to be determined by the specific circumstances of the case......
Any claim arising from a fatality may proceed under one or both of the following: the Law Reform ( Miscellaneous Provisions) Act 1934 ( LR( MP) A 1934), which permits the deceased’s estate to bring an action the Fatal Accidents Act 1976 ( FAA 1976), which enables dependants, within defined categories, to claim for loss of dependency LR( MP) A 1934—pain, suffering and loss of amenity ( PSLA) The estate may claim for the pain, suffering and loss of amenity experienced by the deceased before death. In brief: Pain and suffering turns on the deceased’s subjective awareness of injury It can include the deceased’s recognition of a reduced life expectancy Loss of amenity is not contingent on awareness of injury Factors to consider when assessing PSLA include: the intensity of pain and suffering level of...
A discussion with Lerisha Naidu, Partner, Angelo Tzarevski, Partner, and Sphesihle Nxumalo, Director Designate, from the South African office of global law firm Baker Mc Kenzie on core themes around merger control in Rwanda. 1. Have there been any recent developments regarding the Rwandan merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Rwanda? Rwanda’s competition framework is set out in Law No 36/2012 of 21/9/2012 concerning Competition and Consumer Protection (the Competition Law). Notifications are submitted to the Rwanda Inspectorate, Competition and Consumer Protection Authority ( RICA). A proposed amendment to the Competition Law was tabled in 2019, but it has not yet been passed, and any implications for merger assessment remain uncertain. At present, there are no pressing or ‘hot’ merger control matters in Rwanda. Rwanda belongs to the Common Market for...
The Companies Act 2006 ( CA 2006) sets out that a private company limited by shares may approve resolutions either: at a general meeting of its shareholders, or by written resolution, following the procedure laid down in the CA 2006 Any clause in a company’s articles of association that attempts to prevent a resolution being passed by written resolution is of no effect. The CA 2006 also preserves the common law rule of unanimous consent, meaning shareholders may reach a decision without observing the statutory procedures otherwise required to pass a resolution......
This Practice Note explores the pitfalls that may emerge in personal injury cases stemming from dog attacks and bites, with emphasis on responsibility under the Animals Act 1971 ( AA 1971) and at common law for negligence. It underscores the significance of proof of a dog’s prior behaviour, the particular factors relevant to guard dogs, and the principal considerations when evaluating entitlement to a Criminal Injuries Compensation Authority ( CICA) award. Dog’s previous behaviour For the majority of canine claims, what the dog has done before is decisive. In negligence, the claimant must demonstrate that the defendant ought to have foreseen a risk of harm and taken reasonable measures to avert it. Where the owner had no basis to expect the conduct complained of, liability cannot be made out. The animal’s background will likewise matter in a personal injury action advanced under AA 1971, s 2(2), where it is...
This Practice Note considers the ways a partnership created under the Partnership Act 1890 can be terminated through dissolution ordered by the court. A partnership may come to an end by: dissolution (see Practice Note: Ending a partnership—what is dissolution?) insolvency (see: General partnerships and insolvency—overview) Dissolution by the court Here, the focus is on dissolution of a PA 1890 partnership pursuant to a court order. For other routes to dissolve a firm, see Practice Note: Ending a partnership—dissolution otherwise than by the court. For more detail, see: Actions between partners: introduction: Atkins Court Forms Vol 29(1) [15]. Grounds for dissolution by the court Where the court orders dissolution, it is almost invariably a general, rather than a technical, dissolution (see Practice Note: Ending a partnership—what is dissolution?). Nevertheless, instead of directing a winding up with a sale of all partnership assets after...
This Practice Note sets out guidance on the scope of inspection within disclosure under Part 31 of the CPR in civil litigation. It also explains how the relevant CPR provisions should be interpreted and applied. Advisory note: this Practice Note refers to Retained Regulation ( EU) 2016/679 ( UK GDPR), which took effect in England and Wales on IP completion day (31 December 2020 at 11pm). For background, see Practice Note: Brexit—implications for data protection [ Archived]. Depending on the court hearing your case, you may need to consider further requirements—see: Court specific guidance. This Practice Note should be read alongside the materials listed below. It does not cover the disclosure and inspection obligations under the disclosure scheme used in the Business and Property Courts; for that, see: Disclosure Scheme ( Business & Property...
An interactive guide from us covers restructuring plans under Part 26A of the Companies Act 2006. A restructuring plan is a...
ARCHIVED: This Practice Note is archived, not maintained, and provided for background use only. Some links may no longer point to the provisions as they stood when this guidance was issued. For details on earlier and/or later amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. When do the changes come into force? Changes to the Civil Procedure Rules ( CPR) took effect on Sunday, 1 October 2017. The three Making documents came into force on the following dates: 89th update: 8 August 2017 90th update: 8 August 2017 91st update: 31 August 2017 Regarding the pilot schemes, these commenced as follows: Practice Direction 51Q—the County Court advisers pilot scheme. This applies to claims begun in the County Court Business Centre and the County Court Money Claims centres ( CCMCC) since 29 July 2017. It is contained in the 89th...
This Practice Note does not derive from legislation or formal government guidance or policy; instead, it outlines how local planning authorities may handle section 106 monies in ordinary everyday practice. The context of grant funding in the section 106 process Under section 106 of the Town and Country Planning Act 1990, authorities can request financial contributions from developers towards the costs of delivering community and social infrastructure that becomes necessary as a consequence of a new development coming forward. This funding is often referred to as 'section 106 monies'. Section 106 monies can be used for facilities where new schemes have, at least in part, created the need for those facilities. See Practice Note: Planning obligations—key points. Eligibility for section 106 grant funding The section 106 grant scheme is available to all community-based organisations operating on a not-for-profit basis, including charities, community interest companies,...
Introduction This Practice Note examines liability in claims linked to laser hair removal. It sets out the legal framework relevant to such matters, including duty of care, breach, causation and quantum, and also considers regulatory requirements, professional guidance, evidential considerations and typical injury profiles. What is laser hair removal? Laser hair removal is a cosmetic treatment aimed at reducing unwanted hair using laser or intense pulsed light ( IPL) technology. These methods deliver pulses of light energy to the hair follicles, damaging them to inhibit or delay subsequent growth. As hair grows in cycles and only particular phases can be effectively targeted, several sessions are usually necessary. Claims arising from such treatment commonly fall within personal injury law in negligence. While the procedure may at times be undertaken by medically qualified practitioners, it is often carried out by therapists or aesthetic...
This Practice Note offers detailed guidance on the European Commission’s June 2021 set of the standard contractual clauses ( SCCs) for cross-border international transfers of personal data (the 2021 EU SCCs). It delivers a deeper examination of international transfers under the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), than the introductory Practice Note: EU GDPR—transfers of personal data internationally and to international organisations, and proceeds on the basis that readers already understand core concepts within the EU GDPR framework and its international transfer rules. If this area is new to you, you may prefer to consult those Practice Notes first. For basic orientation and context on the EU GDPR more generally, see Practice Note: The EU’s General Data Protection Regulation ( EU GDPR). In brief Within the EEA, data protection law aims to ensure information about living people (ie falling within the...
This Practice Note is a practical ‘how to’ on assigning rights under commercial contracts, directing you to related materials and cross-references to further content and guidance for additional reading. It sets out what assignment entails, how it is unlike novation, when assignment is suitable, the requirements for a valid assignment, further legal issues, and practical tips when passing rights under a contract in everyday practice. You cannot, strictly, assign a contract itself because, in general, the burden or obligations under a contract are not assignable. You can, however, assign the benefit, or rights, under a contract to a third party. For fuller guidance on occasions to assign contractual rights and matters to consider, see Practice Notes: Assigning contracts—common scenarios and considerations, What constitutes a valid assignment of a contract? and Drafting and negotiating an...
Environmental insurance provides a practical means to manage environmental risks, relevant to day‑to‑day operations as well as numerous transactions and development schemes. For more on environmental insurance in general, please see the following Practice Notes: Environmental insurance—when is it needed? Environmental insurance—extent of coverage Environmental insurance—types Environmental insurance—advantages and disadvantages Pollution legal liability insurance In a transactional setting, the pollution legal liability ( PLL) insurance product is frequently relied upon to address unknown liabilities that remain with a deal—for instance, where pollution is suspected but not identified. This offers the advantage of delivering financial confidence to......
Labour and employment— Poland— Q& A guide [ Archived, 2021 edition] This Practice Note provides a jurisdiction-specific Q& A guide to labour and employment in Poland, issued as part of the Lexology Getting the Deal Through series by Law Business Research (published: October 2021). Authors: BKB Baran Książek Bigaj— Daniel Książek; Paweł Krzykowski; Wojciech Bigaj 1. What are the main statutes and regulations relating to employment? The Labour Code is the principal legal source for employment matters in Poland, serving as the primary framework for labour law. Under the Labour Code (https://dziennikustaw.gov.pl/ DU/rok/2020/pozycja/1320), the term ‘labour law’ is taken to comprise: the provisions of the Labour Code itself; other acts of law and implementing provisions that define the rights and obligations of employers and employees; the provisions of collective bargaining agreements and other collective arrangements; and regulations and charters based on the Labour Code that set...
Circumstances in which the duty to give reasons for planning decisions arises In 2013, the statutory obligation on local planning authorities ( LPAs) to provide reasons when granting planning permission was removed. Nevertheless, there remain situations in which a duty to give reasons for granting or refusing planning permission arises, either under specific statutory provisions or through the common law ‘filling the gap’. The main categories of planning decisions where reasons must, or may, be provided are: Decisions by the Secretary of State (including those delegated to inspectors): following an inquiry or hearing on appeals determined by written representations in relation to call-in decisions Decisions at any level on applications for...
FORTHCOMING CHANGE : The Trusts and Succession ( Scotland) Act 2024 obtained Royal Assent on 30 January 2024, representing the first substantive review of trusts law in Scotland in more than a century since the principal statute, the Trusts ( Scotland) Act 1921, was enacted. The trusts provisions will commence only once Scottish Ministers make the required secondary legislation, whereas some succession measures took effect on 30 April 2024. The core updates designed to modernise the law are set out in News Analysis: Trusts and Succession ( Scotland) Bill passed. Practice Notes covering Scottish trusts and succession will be further revised to reflect this new legislation. What is a Personal Injury (‘ PI’) trust? A PI trust is: any type of lawful trust arrangement that ring-fences sums paid as a result of personal injury to the injured individual for the injured person’s...
Introduction to special damages statistics For additional details, consult: Introduction: Butterworths Personal Injury Litigation [1]. General damages For further guidance, refer to: General Damages: Butterworths Personal Injury Litigation Service [36]. Multipliers For background materials, see Practice Note: The Ogden tables. Life expectation For explanatory notes, see Practice Note: Life expectation tables. ASHE For more information, see: Average Gross Weekly Earnings from 2015 Analysis of earnings by occupation: Butterworths Personal Injury Litigation Service [191] full-time males on adult rates: Mean gross weekly earnings (£) in 2015–2024: Butterworths Personal Injury Litigation Service [192] full-time females on adult rates: Mean gross weekly earnings (£) in 2015–2024: Butterworths Personal Injury Litigation Service [193]–[210] Nursing charge rates For supplementary material, see: Nursing charge rates. Motoring benefits and costs For expanded information, see: Motoring benefits and costs: Butterworths Personal Injury Litigation Service [231]. Prescription costs in England For additional reference, see: Prescription costs in England: Butterworths Personal Injury...
What do advisers need to know about access by non- British or Irish citizens to marriage and civil partnership in England and Wales? This Practice Note looks at: the steps and potential barriers for a marriage or civil partnership involving a non- British or Irish citizen following commencement of the relevant provisions of the Immigration Act 2014 ( IA 2014) which parts of the new framework may particularly interest or concern immigration practitioners Note that Lexis+® UK does not cover areas of law in Scotland and Northern Ireland that are unique to those jurisdictions. Family law is one such field. However, schemes for referral and investigation akin to the England and Wales regime discussed in this Practice Note have been in force in those jurisdictions from 2 March 2015. See in particular: Referral and Investigation of Proposed Marriages and Civil...
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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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