Featured documents
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
Most recent Practice notes
Where a fixed charge receiver acts for the seller in disposing of a property, the overriding aim is a ‘clean deal’. This means that, on completion, both the receiver and the appointing mortgagee will know the exact sum due to the mortgagee after deducting sale costs and expenses, with no post-completion claims against: the receiver (and the mortgagee where the mortgagee is transferring the property—see Practice Note: Overreaching by a mortgagee) the net sale proceeds payable to the mortgagee This outcome is secured by transferring risk to the buyer and excluding the receiver’s personal liability. Sales information pack and pre-contract enquiries Buyers should recognise that, as the receiver is not the property owner and may have been appointed only recently, the receiver will hold very limited information about the asset. The position is especially challenging where the property is let and has been managed by the...
Stop Press : On 24 February 2025, the principal provisions of the Public Procurement Act 2023 ( PA 2023) take effect. We are in the process of reviewing and revising our content accordingly. Please note that procurements launched on or after 24 February must proceed under PA 2023, while those commenced under the earlier regime—the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be conducted and managed under that legislation. For background reading and context, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. Framework agreements are employed to procure construction projects across both public and private sectors. They are, however, far more common in the public sector, where they are governed by the public procurement rules. This Practice Note explores the...
CASE HUB ARCHIVED This archived case hub captures the position as at the judgment dated 21 May 2021; it is no longer being updated. For more, see the timeline and commentary. Case facts Outline Sabre Corporation appealed the Competition and Markets Authority’s 9 April 2020 decision blocking Sabre’s anticipated acquisition of Farelogix Inc. Latest development On 21 May 2021, the CAT handed down its judgment, rejecting the appeal in full. Among other findings, the CAT held that the CMA: (i) did not err in claiming jurisdiction over the deal by applying the share of supply test under section 23 of the Enterprise Act 2002; and (ii) enjoys wide discretion in deploying that test as it considers appropriate, including by looking at products’ functionality. Parties Sabre Corporation ( Sabre): A US-based travel technology provider headquartered in Southlake, Texas. Competition and Markets Authority (...
Allergan plc v CMA; Advanz Pharma Corp v CMA; Cinven ( Luxco I) S.a.r.l (formerly Cinven ( Luxco I) S. A.) & Others v CMA; Auden Mckenzie ( Pharma) Limited and Another v CMA; Intas Pharmaceuticals Limited and Others v CMA (abuse of dominance) [ Archived] CASE HUB ARCHIVED — this archived case hub sets out the position as at the judgment dated 18 September 2023; it is no longer updated. See also, timeline. Case facts Outline Appeals by Allergan plc, Advanz Pharma Corp, Cinven ( Luxco I) S.a.r.l (formerly Cinven ( Luxco I) S. A.), Auden Mckenzie ( Pharma) Limited and Intas Pharmaceuticals challenging the CMA’s 15 July 2021 decision in its Chapter II probe into excessive and unfair pricing of hydrocortisone tablets, which concluded an abuse of dominance and levied fines exceeding £260m in total. Latest development On 18 September 2023, the CAT handed down its...
Operating as a ‘legal business person’ Many of us aim to function as a ‘legal business person’, yet which concrete actions will actually get us there? This Practice Note centres on practical activities and steps designed to help us operate as a legal business person. Think back to the very first few days in your current position. Reflect on the induction you received: Ask yourself the following. was it tailored to legal work, or a broader commercial overview that involved non-lawyers as well, side by side? how was it delivered—through a run of one-to-one meetings with commercial colleagues, or more of a show-and-tell style experience presented to you? or was there no induction at all, leaving you staring at a blank screen while you waited for the first emails to arrive, wondering what to do next? It’s useful to picture what your ideal...
ARCHIVED: This Practice Note is archived, not kept up to date, and provided solely for background reference. In addition, certain links may no longer lead to the provisions as they stood when the guidance in this Practice Note was issued. For more on earlier and/or later amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. CPR 45—fixed costs The Ministry of Justice has signed the April 2018 Update to the Civil Procedure ( Amendment) Rules 2018, SI 2018/239, which details changes scheduled to take effect on Friday, 6 April 2018. The SI has now been signed......
Allocation of jurisdiction within the UK under the CJJA 1982 This Practice Note explores how jurisdiction is apportioned across the UK under the Civil Jurisdiction and Judgments Act 1982 ( CJJA 1982). It examines the scope of that regime and the conditions that must be satisfied for it to apply, and considers its interaction with Regulation 1215/2012, Brussels I (recast) (the Regulation). It sets out the primary rule together with the departures from it, and, lastly, addresses forum non conveniens in this setting. The CJJA’s intra- UK jurisdiction framework is designed to furnish rules allocating jurisdiction inside the UK itself. Distinct rules and factors arise when assessing whether UK courts possess jurisdiction over a claim that contains an international dimension. The UK comprises four countries, yet there are only three legal jurisdictions, and CJJA 1982, s 50, describes each as ‘parts of the...
Introduction It is ever more accepted that every enterprise holds and deploys some form of IP. Financiers active in markets with IP-heavy companies are paying closer attention to making sure their collateral captures the worth embodied in that IP. The legal position on taking security over IP remains unsettled, requiring lenders to navigate ambiguity. Moreover, charging IP rights can be expensive to establish and challenging to realise. A funder must begin by pinpointing and assessing the borrower’s IP. It should differentiate categories of IP, for instance rights with proprietary attributes and those arising under contracts. It should also appreciate that a firm’s IP is typically interconnected, such as a patent and the related know-how that gives the patent practical value. Finance lawyers must likewise consider the intrinsic nature of the IP and the setting from which its value derives. A central issue is how the...
The Health and Safety at Work etc Act 1974 ( HSWA 1974) sets out broad duties to protect the health and safety of employees and others affected by work. Not complying with these duties is a criminal offence, prosecutable in either the magistrates’ court or the Crown Court. For details of the duties under HSWA 1974, ss 2–7, see the following Practice Notes: Failure to carry out health and safety duties under HSWA 1974—offences Safety and the risk to safety under the Health and Safety at Work Act 1974 Employees' duties to take reasonable care for health and safety at work Directors’ duties for health and safety Health and safety law and the self-employed This Practice Note highlights those HSWA 1974 offences that can only be tried in the magistrates’ courts. Summary only health and safety...
Civil justice reform See our Practice Note: Civil justice reform in Scotland—virtual hearings and electronic submission of documents for up‑to‑date guidance on the current rules and day‑to‑day practice of the Scottish civil courts in relation to remote hearings and the electronic signing, electronic transmission and lodging of documents. This Practice Note outlines group procedure in Scottish civil litigation and carefully addresses the preliminary applications that must be sanctioned by the court before any group proceedings can properly be commenced. It opens with a concise account of the origin and the core statutory framework governing group procedure. It then considers the two applications requiring the court’s approval before such proceedings may start: the application to authorise the proposed representative and the application seeking permission to bring group proceedings. For practical guidance on the conduct of group proceedings after permission has been granted, see Practice Note: Group procedure in...
A risk with employment cessation events is that they can be set off unintentionally, for example because the last remaining active member of an employer in a multi-employer defined benefit scheme has left. The Employer Debt Regulations, SI 2005/678 were amended with effect from 6 April 2008 to introduce grace periods, a device intended to help employers deal with accidental employment cessation events. For further information on employment cessation events and other section 75 triggers, see Practice Note: When is a section 75 debt triggered? When can a grace period be used? When can a grace period be used? An employer in a multi-employer defined benefit scheme may notify the trustees that it wishes to enter a grace period (by giving a grace period notice) if: that employer ceases to employ active members at a time when at least one other employer still employs active...
This Practice Note discusses the following topics: the scope for parties to advance fraud allegations during an adjudication the situations in which fraud allegations may allow a party to resist enforcement of adjudication decisions fraud occurring within the adjudication process itself Distinct rules govern fraud allegations made in, or connected with, adjudication, and when such allegations may allow the losing party to contend that the adjudicator’s decision is not enforceable. Fraud as a defence in the adjudication itself Where a party knows the facts capable of undermining evidence or argument while the adjudication is underway, it can—and should—raise them in that forum. Fraud may operate as a defence in adjudication just as it does in court or arbitration: it requires clear, unmistakable evidence to support it in the same manner, and must be proved with sufficient clarity—in light of the...
Although forfeiture claims are not, strictly speaking, probate proceedings, they will almost inevitably draw personal representatives and/or beneficiaries into litigation before the court... Forfeiture principle The doctrine is rooted in the idea that it would be unjust to let a wrongdoer profit from their offence. As a matter of public policy, a person who has unlawfully killed another is prohibited from receiving any advantage that flows from the death, whether the entitlement arises under a Will or by intestacy... The restriction applies regardless of the route by which the benefit would otherwise pass (testamentary or intestate). It also extends to anyone who has unlawfully aided, abetted, counselled, or procured the killing. It appears that both the principle and the Forfeiture Act 1982 ( Fo A 1982) operate only against the offender. Thus, one person’s crime may bar that individual from asserting what would...
This Practice Note includes references to case law from the Court of Justice of the European Union. For guidance on whether EU judgments are binding on UK courts, see Practice Note: Assimilated law — Assimilated case law. Legislative framework Broadly, employees engaged on fixed-term contracts are protected against: treatment that is less favourable than that afforded to colleagues on contracts of indefinite duration, and abuse arising from a succession of fixed-term contracts These statutory protections derive from the Fixed-term Employees ( Prevention of Less Favourable Treatment) Regulations 2002, SI 2002/2034 (the Fixed-term Regulations). The Fixed-term Regulations took effect on 1 October 2002 to give effect, in domestic law, to the provisions of the Archived Fixed-term Work Directive 1999 (as it had effect immediately before IP completion day). Although the Fixed-term Regulations form part of domestic law, the directive itself does not. The...
Spouse and civil partner Those eligible to bring a claim include: the deceased’s spouse or civil partner a former spouse or former civil partner of the deceased, but not someone who has entered a further marriage or civil partnership In practice, a spouse or civil partner is a commonly seen category of claimant. A spouse or civil partner can apply under I( PFD) A 1975 against the estate of their deceased spouse or civil partner where the distribution effected by the Will, the intestacy regime, or a mix of both, fails to make reasonable financial provision. For help on the standard of reasonable financial provision for a spouse or civil partner, see Practice Note: Family provision claims—reasonable financial provision. Marriage The claimant must demonstrate they were the deceased’s spouse or civil partner at the date of death. The marriage needs to be recognised under English law. In most...
CASE HUB NOTE—appeal lodged before the Court of Justice in Cases C-806/19 P and C-883/19 P ARCHIVED —this archived case hub records the state of play as at the judgment dated 24 September 2019; it is no longer maintained. See further: timeline and relevant/related cases. Case facts Outline: Appeal brought before the General Court challenging the Commission’s decision of 7 December 2016, which found infringements and levied fines on three banks that did not settle, due to their involvement in a cartel in the Euro interest rate derivatives ( EIRD) market ( Case AT.39914). Latest developments On 24 September 2019, the General Court delivered its judgment, largely confirming the Commission’s conclusion that HSBC Holdings plc took part in a single and continuous infringement of Article 101(1) TFEU. Nonetheless, the General Court set aside the fine imposed on HSBC Holdings plc because the Commission provided...
The EU has put in place an extensive legal framework so that consumers obtain accurate, clear and consistent details about food bought within the EU. Regulation ( EU) 1169/2011 on the provision of food information to consumers ( FIC) sets out the core principles, requirements and duties governing food information—particularly food labelling—across the EU. This Practice Note summarises the obligations placed on food business operators ( FBOs) under the FIC. It describes the legislation that dictates how food labelling content and presentation must be delivered in the EU, outlines the distinct responsibilities along the food supply chain, and flags the potential revision of the FIC. For details on UK rules for food information and food labelling, see Practice Note: Food information and food labelling law. Key information FIC title: Regulation ( EU) 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the...
UK status As of 31 January 2020 (exit day), the UK ceased to be a Member State of the EU. For a limited period under the Withdrawal Agreement, there was an implementation phase during which EU law continued to apply to the UK. From 1 January 2021, however, the principal operative elements of Regulation ( EU) 2015/848 ( OJ L141 5.6.2015 p 19), the Recast Regulation on Insolvency [ EU Recast Regulation on Insolvency] concerning automatic recognition no longer extend to the UK (see Practice Note: Brexit—impact on Recast Regulation on Insolvency). Other Member States nevertheless keep applying the EU Recast Regulation on Insolvency where its conditions are fulfilled, and this note considers its operation between those Member States... Recast Regulation on Insolvency The EU Recast Regulation on Insolvency introduced major changes to the EC Regulation on Insolvency, Regulation ( EC) 1346/2000 ( EU...
R& I spotlight on environmental law What are the main laws and regulations governing this area? There are three principal sources of environmental law that an insolvency practitioner ( IP) should understand and which may give rise to personal liability for the IP. These are: contaminated land legislation (the Contaminated Land Regime) other regulatory regimes (expanded below) third party civil claims Contaminated Land Regime Local authorities have obligations under Part IIA of the Environmental Protection Act 1990 ( EPA 1990) to: inspect their areas for contamination identify land as contaminated require clean-up where appropriate Where contaminated land is determined, the initial duty to remediate falls on Class A persons. These include: the original or later polluter— Class A ‘causers’ anyone who knowingly allows contamination— Class A ‘knowing permitters’ (ie a person aware of...
This Practice Note explores how adjudication awards are enforced in Scotland, together with the procedural questions that most often arise. Why enforcement is necessary Under the Housing Grants, Construction and Regeneration Act 1996 ( HGCRA 1996), a properly reached adjudicator’s decision is binding and capable of enforcement until the dispute is finally determined (see Practice Note: Adjudication decision). Yet an adjudicator’s award is not a court judgment; therefore, if the losing party does not comply with any element of it, it cannot be enforced in the same manner. To secure compliance in Scotland, the successful party must raise enforcement proceedings in the Court of Session or the Sheriff Court to obtain a court decree reflecting the adjudicator’s decision, which decree can then be enforced. Within Scottish litigation, the party initiating enforcement is the ‘pursuer’ (ie claimant), and the opponent is the ‘defender’ (ie...
Popular documents
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 ]...
Discover more from LexisNexis
