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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
Most recent Practice notes
When do these fees apply? The Tribunals, Courts and Enforcement Act 2007 ( TCEA 2007), read together with the Taking Control of Goods Regulations 2013, SI 2013/1894, prescribes the process for taking control of goods: to satisfy a judgment debt (see: Taking control of the debtor’s goods—overview), or under the commercial rent arrears recovery ( CRAR) regime (see Practice Note: Commercial rent arrears recovery ( CRAR)) The act of taking control of goods is undertaken by authorised enforcement agents. They may levy specified fixed fees set out in the Taking Control of Goods ( Fees) Regulations 2014 ( Fees Regulations), SI 2014/1. The Fees Regulations draw a distinction between: enforcement other than under a High Court writ (this therefore includes the CRAR process or a County Court warrant of control), and enforcement under a High Court writ The fixed-fee framework is organised by stages of...
The Employment Appeal Tribunal ( EAT) The EAT may determine an appeal by directing any of the following outcomes: the appeal is dismissed the appeal succeeds and is remitted, either to the same employment tribunal or to a newly constituted tribunal the appeal succeeds and the EAT substitutes a different decision Failure by employment tribunal to make necessary findings Where a tribunal’s judgment fails to address an issue in whole or in part, and/or gives no reasons or inadequate reasons for its decision, the EAT may, on appeal, invite the tribunal to clarify and/or expand its reasoning and findings under the Burns/ Barke procedure—see Non-standard EAT case management considerations— Appeals relying on inadequacy of employment tribunal’s reasons for further information. If, during a liability appeal, it becomes clear that the tribunal did not make a finding on a key liability issue, the EAT may itself reach a...
Disputed divorce, dissolution and separation proceedings (post- DDSA 2020) This Practice Note outlines how to challenge an application for a matrimonial or civil partnership order (excluding nullity) where the court issued proceedings on or after 6 April 2022. It details the deadlines for lodging an acknowledgement of service and an answer, and describes the methods for doing so, including via the online service. It also clarifies what is required when seeking further information, and guides you through case management hearings and the steps leading to a final hearing. Costs in contested divorce or dissolution are also addressed. For guidance on nullity, see Practice Note: Disputed nullity proceedings (post- DDSA 2020). The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) commenced on 6 April 2022, introducing major amendments to the rules governing divorce and the dissolution of civil partnerships within the...
Alternative routes for occupational disease compensation Understandably, claimant practitioners will first direct their efforts towards a common law action in the civil courts for occupational disease. There are, however, occasions when that conventional route is unavailable to the client. This may stem from how the illness was contracted and, frequently, the absence of an identifiable tortfeasor (or at least one with insurance). In such cases, a range of statutory and administrative compensation schemes may offer an alternative avenue of redress. For civil claims for mesothelioma sufferers, see Practice Note: Mesothelioma claims—procedure. For each scheme identified, this Practice Note sets out the particular circumstances in which turning to the scheme may be appropriate... The Pneumoconiosis etc ( Workers’ Compensation) Act 1979 ( P( WC) A...
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are in force. Procurements initiated on or after that date must proceed under PA 2023, while procurements begun under earlier legislation must continue to be conducted and administered in line with that framework. Earlier legislation includes: the Public Contracts Regulations 2015 ( PCR 2015) the Utilities Contracts Regulations 2016 the Concession Regulations 2016 the Defence and Security Public Contracts Regulations 2011 See Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content concerns the Procurement Act 2023 regime. It provides practical guidance on public procurement under PA 2023. The fundamental rules and concepts on disclosure are consistent for challenges under PA 2023 and under the former regime. As PA 2023 savings and transitional measures allow both regimes to operate in tandem for live...
Cross-border private M& A transactions This Practice Note sets out an overview of the issues an English-qualified lawyer may encounter when advising a seller or a buyer on a cross-border private M& A deal. The emphasis is on practical considerations a lawyer should keep in mind to ensure the transaction is run in the most efficient and effective manner possible. Key stages in cross-border M& A transactions The principal phases in a cross-border private company M& A transaction are: Preliminaries (pre-signing) stage Here, non-disclosure agreements ( NDAs, also called confidentiality agreements) and exclusivity arrangements are settled, due diligence is undertaken, and the share purchase agreement ( SPA) with related deal documentation is negotiated. In an auction sale, bids are solicited and a short list of bidders is compiled. The cross-border aspect requires smooth...
Determining who holds intellectual property in the designs, drawings, specifications and similar materials created for a construction project is vital for all participants involved in the process. The copyright owner of the designs produced will wish to safeguard their rights, limit how and to what extent others may use them, and secure recourse and remedies where infringements occur. Conversely, parties that must reproduce or rely on the designs need to ensure they possess sufficient rights and permissions to permit such use. In the construction sphere, designs are commonly prepared by the architect, civil and M& E engineers, as well as by the contractor itself and its subcontractors. Consequently, clauses addressing copyright ownership are a standard fixture of professional appointments, building contracts and collateral warranties used on such projects. This Practice Note concentrates specifically on such provisions within a...
Background to the contaminated land regime (the regime) The framework for contaminated land appears in Part 2A of the Environmental Protection Act 1990 ( EPA 1990). This statutory scheme addresses the remediation of land contamination that presents an unacceptable risk to human health or the environment. Local authorities are required to determine contaminated land through a risk‑based methodology. The competent enforcing authority—ordinarily the local authority, though in specified circumstances the Environment Agency ( EA) or Natural Resources Wales ( NRW)—must locate those responsible for the pollution and compel them to investigate, evaluate and remediate the land to a state appropriate for its existing use......
FORTHCOMING CHANGE : On 30 January 2024, the Trusts and Succession ( Scotland) Act 2024 obtained Royal Assent, representing the first review of Scottish trusts law in more than a century since the principal Trusts ( Scotland) Act 1921 was enacted. The trusts provisions will require secondary legislation from Scottish Ministers before they commence, whereas the succession provisions took effect on 30 April 2024. Key changes intended to modernise the law are outlined in News Analysis: Trusts and Succession ( Scotland) Bill passed. Practice Notes addressing Scottish trusts and succession will be updated as required to reflect this new legislation. This Practice Note explains the procedure for obtaining confirmation in Scotland for testate estates, in scenarios both where no inheritance tax ( IHT) is payable and where IHT is due. For guidance on confirmation in intestate estates, see Practice Note: Application for...
This table outlines all concluded probes by Greece’s competition watchdog, the Hellenic Competition Commission ( HCC), into suspected cartels, restrictive agreements and abuses of dominance ( Articles 101/102 TFEU and national equivalents) since 2018. Only investigations that are publicly available are listed... 2026 Investigations under Article 101 TFEU/ Article 1 of Law 3959/11 Pet food supply — KOMPA Ltd; HAPPY DOG SA — Restrictive agreements ( RPM) — Press release dated 06/03/2026; fines totalling €482,498 Investigations under Article 102 TFEU/ Article 2 of Law 3959/11 No Article 102/ Article 2 decisions have been issued by the HCC in 2026 2025 Investigations under Article 101 TFEU/ Article 1 of Law 3959/11 School accessories and toys — Public Ret — Restrictive agreements ( RPM) — Commitments accepted—19/11/2025 Ready-to-eat cereal — Atlanta — Restrictive agreements (vertical agreement) — Settlement...
STOP PRESS: ECCTA 2023 introduces identity verification for anyone submitting filings at Companies House—the reforms are expected to become compulsory in Spring 2026. For further information and indicative timing, see: Registering security at Companies House— Changes under ECCTA 2023. The scope of this Practice Note This Practice Note sets out how to register at Companies House charges created by the following entities: a company incorporated under the Companies Act 2006 ( CA 2006) (a ‘ UK company’), or a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000 ( LLPA 2000) (an ‘ LLP’) This Practice Note should be read in conjunction with the following Practice Notes: Registering security at Companies House, and Problems with registering security at Companies House—what to do next For the purposes of CA 2006, Pt 25 ( Company Charges), the term ‘charge’ includes a mortgage;...
The Investigatory Powers Act 2016 ( IPA 2016) The Investigatory Powers Act 2016 ( IPA 2016) sets the statutory framework for how public bodies may obtain and use communications data, replacing much—though not all—of the earlier regime previously found in the Regulation of Investigatory Powers Act 2000 ( RIPA 2000). For a primer on the IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide. Rules on acquiring and disclosing communications data are contained in IPA 2016, Parts 2 and 3. IPA 2016 repealed the RIPA 2000 provisions on interception and the acquisition of communications data. IPA 2016 is supported by the Code of Practice on the Interception of Communications Data and the Communications Data Code of Practice. These Codes are essential reading for relevant public authorities involved in acquiring communications data under IPA 2016, and for...
This Practice Note outlines how the relationship between a commercial agent and a principal is regulated by the Commercial Agents ( Council Directive) Regulations 1993, SI 1993/3053 (the Commercial Agents Regulations). For practical guidance on applying the Commercial Agents Regulations, see Practice Note: Commercial agency. Background The Commercial Agents Regulations took effect on 1 January 1994, implementing Council Directive 86/653/ EEC ( OJ L 382/17), the EU Commercial Agents Directive. Although derived from EU law, the Regulations were preserved by the European Union ( Withdrawal) Act 2018 (as amended) from 11 pm on 31 December 2020 ( IP completion day). They were not revoked by the Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) and, from 1 January 2024, are treated as assimilated law in the UK. For further details, see Practice Notes: Introduction to the Retained EU Law (...
This practice note reviews the amended 2012 Criminal Injuries Compensation Scheme, which took effect on 13 June 2019. The amended 2012 Criminal Injuries Compensation Scheme While a person harmed by crime may pursue a civil action for personal injury damages against the assailant, such proceedings are only truly practical if the intended defendant can satisfy any judgment. This is because enforcement depends on the defendant’s ability to meet any award in full, if at all. A civil route might also be viable where an employer could be vicariously liable, or a public authority might bear responsibility. A victim of a violent offence can, alternatively, seek an award through the Criminal Injuries Compensation Scheme. Various criminal injuries compensation schemes have been established to compensate those who have suffered injury. The latest and operative scheme is the amended 2012 scheme, implemented on 13 June 2019. Its...
Defining mental capacity A person is considered to lack capacity in relation to a particular matter when, at the relevant time, they are unable to reach a decision for themselves about that matter because of an impairment of, or a disturbance in, the functioning of the mind or brain. The inability to decide must be a consequence of that impairment or disturbance affecting mental or brain function. Individuals with a range of conditions, including psychiatric illness, learning disabilities, dementia, and brain damage, may therefore lack mental capacity. A person might have capacity in respect of some issues but not others. As noted elsewhere, an individual can lack capacity for litigation yet still have capacity concerning their financial affairs. Someone who does not have the capacity to conduct the proceedings is described as a ‘protected party’ in such...
This tracker presents key pensions judgments delivered in 2025, organised by date. You can navigate the entries using the Table of Contents to the left of the page. Please note that pensions judgments from the General Regulatory Chamber ( GRC) of the First-tier Tribunal ( FTT) and the Upper Tribunal ( UT) in 2025 that specifically concern appeals against decisions of the Pensions Regulator for breaches of automatic enrolment duties are recorded in a separate tracker — please see: Case tracker—2025 auto-enrolment pensions judgments... December 2025 Case details: Places for People Pension Trustee v Places for People Group — High Court ( Chancery Division) — 19 December 2025 Citations: [2025] EWHC 3371 ( Ch), Bailii High-level summary: The High Court sanctioned a settlement relating to the Places for People Group Retirement Benefit Scheme, addressing issues impacting members’ pension...
This Practice Note sets out an explanation of Nominet’s dispute resolution service ( DRS), which applies to all .uk domain names. Application and purpose of the Nominet DRS The .uk DRS offers a swift, practical and cost-effective route for resolving disputes over domain names without the need to pursue litigation. It is operated by Nominet, the registry for .uk domain names. The Nominet DRS covers all .uk domain names registered and administered by Nominet and is incorporated by reference into the Terms & Conditions of Domain Name Registration for each .uk domain name. When a complainant invokes the process, the domain name holder (respondent) is bound by the DRS policy, including its procedural rules. The outcome of the process is enforced by Nominet. Although closely modelled on the Uniform Domain Name Dispute Resolution Policy ( UDRP), the Nominet DRS has distinctive features, including a...
Works to trees Generally, operations to trees do not amount to development for the purposes of section 55 of the Town and Country Planning Act 1990 ( TCPA 1990), so planning permission is not normally needed (see Practice Note: Operational development). Nevertheless, TCPA 1990, s 197 places a duty on the local planning authority ( LPA) to: secure, where appropriate, that when granting planning permission for any development, adequate arrangements are made, via conditions, for the safeguarding or planting of trees; and make such tree preservation orders ( TPOs) as the LPA considers necessary in connection with granting that permission Accordingly, any tree works must accord with relevant planning conditions and, where trees are subject to a TPO, certain operations are prohibited without the LPA’s consent (see below: Protecting trees through tree preservation orders). In addition, TCPA 1990, s 211 (and...
This Practice Note outlines the nature of landlord’s certificates under the Building Safety Act 2022 ( BSA 2022), together with their format, required contents, deadlines for landlord’s certificates (and for former landlord’s certificates), and the ramifications of non-compliance with the applicable statutory requirements. Landlord’s certificate—when it must be provided and time limits A landlord’s certificate gives a leaseholder details about the landlord’s financial position and the degree to which the landlord bore responsibility for fire safety defects......
When advising an individual on cross-border matters or offshore tax planning, pinning down the situs (that is, where assets are located) for property held by or on behalf of the person is essential. This Practice Note sets out why situs matters for succession and inheritance tax ( IHT) and explores what ‘situs’ means in this context. Its purpose is to introduce the common law notion of situs. Nevertheless, in real-world scenarios the situs of each item must be assessed on a case-by-case basis, with attention to the applicable authorities. Although common law (private international law) usually fixes an asset’s situs, legislation may adapt the position for particular taxes (for example, capital gains tax ( CGT)), for double taxation relief, or for non-tax reasons. For further information, see: Practice Note: Private client and private international law—summary of main principles Practice Note: Situs of...
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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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