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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 FCA’s Prospectus Rules: Admission to Trading on a Regulated Market sourcebook ( PRM) explains when a prospectus must be published for transferable securities seeking admission to a UK regulated market. In essence, an approved prospectus is needed for admission of transferable securities to a UK regulated market unless an exemption in the PRM applies. Those exemptions are contained in PRM 1.4.3R– PRM 1.4.13R. The PRM rules were made under the FCA’s enhanced rule-making responsibilities conferred by The Public Offers and Admissions to Trading Regulations 2024 ( POATRs), SI 2024/105, which provide the main legislative framework for UK public offers of securities and for admitting securities to trading. Transferable securities of the kinds specified in PRM 1.3.1R are carved out from the prospectus obligation and from the PRM overall. Summary of exemptions from the requirement to produce a...
Read this Practice Note alongside Practice Note: Obtaining excluded material and special material under PACE 1984, which sets out the authority in section 9 and Schedule 1 of the Police and Criminal Evidence Act 1984 ( PACE 1984) to seek a production order or a search-and-seizure warrant to secure excluded material and special procedure material. It clarifies what amounts to excluded material and special procedure material, and the access conditions that must be satisfied and demonstrated before the Crown Court may issue a production order or a search and seizure warrant. This Practice Note also outlines how to bring applications and the means of contesting orders that are made, including the steps to be taken. Applying for production and access orders and search and seizure warrants A brief overview of certain applicant obligations and the procedure in the court appears below for ease of...
This Practice Note outlines the enforcement routes available for implementing an order made under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 ( TOLATA 1996). It describes the steps required after an order for sale where a party refuses to execute a conveyance, sets out the procedural path to be followed, and explains the approach on an application to commit for contempt of court. Section 14 TOLATA 1996 empowers the court to declare the nature and scope of an individual’s interest in property held on a trust of land and/or to direct a sale of that property. Either a trustee or a beneficiary of the property is entitled to bring such proceedings. See Practice Note: Eligibility to apply under TOLATA 1996. Order for sale TOLATA 1996, s 14 grants the court a discretion to make such orders as it...
A limited company with share capital can modify that capital in several ways, provided it follows the Companies Act 2006 ( CA 2006). The CA 2006 constraints on altering share capital do not extend to unlimited companies. For more detail on this form of company, see Practice Note: Unlimited companies. Sub-division and consolidation Under CA 2006, s 618, a limited company with share capital may split or combine all or some of its shares. Alternatively, share splits and consolidations can be implemented through a court-sanctioned scheme of arrangement under CA 2006, Pt 26, or via a restructuring plan under CA 2006, Pt 26A. A scheme of arrangement is commonly employed to enable mergers and takeovers, or to reorganise a company facing financial distress. A restructuring plan can likewise be used to reorganise a company encountering financial difficulties. For guidance on schemes of...
Practice Note This Practice Note outlines the evidential material required for an application under the Hague Convention on the Civil International Aspects of Child Abduction 1980 (the 1980 Hague Convention), and explains the possible directions the court may give, together with the practice and procedure for both without notice applications and applications on notice. Its main focus is proceedings under the 1980 Hague Convention, but it also offers guidance on wider international child abduction proceedings, including those under the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention). It further sets out the requirements for withdrawing an application, striking out or summary dismissal, and for variation and setting aside. See also Practice Notes: Child...
This Practice Note sets out guidance on arbitral awards in proceedings under the Hong Kong International Arbitration Centre ( HKIAC) Administered Arbitration Rules 2018 (2018 HKIAC Rules; HKIAC 2018). As explained in Practice Note: HKIAC (2018)—the HKIAC Administered Arbitration Rules—application and key features, the 2018 HKIAC Rules generally govern HKIAC arbitrations commenced on or after 1 November 2018, save where the parties agree otherwise; for HKIAC arbitrations begun before 1 November 2018, the 2013 HKIAC Rules will generally apply unless the parties agreed otherwise. For an overview of the HKIAC and how it is organised, see Practice Note: HKIAC—background to and structure of the institution. Awards in HKIAC arbitrations In line with most institutional regimes, under the 2018 HKIAC Rules a tribunal may render interim, interlocutory, or partial awards and, in addition to a final award, may issue interim awards as to costs ( HKIAC 2018, art...
The breadth of the European Commission’s ( Commission) authority to pursue antitrust breaches by undertakings based outside the EEA, for conduct taking place beyond its borders, has been hotly debated, especially after the Commission’s cartel decisions in the LCDs and CRTs matters. The question of extraterritorial scope also features in unilateral conduct, as shown by Case C-413/14 Intel v Commission. Although the EU treaties do not spell out the territorial limits of EU competition law, the Court of Justice has over time crafted tests to assess whether, in a given instance, the Commission has the requisite jurisdiction... Extraterritorial jurisdiction Single economic entity: permits the Commission to hold a parent to account where its EEA-based subsidiary engages in unlawful conduct. Implementation: considers the degree to which the anti-competitive behaviour was carried out within the EEA. Qualified effects: requires that the conduct was capable of producing...
This Practice Note sets out guidance on expert evidence in the Chancery Division. It addresses when experts are pertinent to Chancery claims, the obligations imposed on them, control of expert material (including CPR 35.4), the role of single joint experts ( SJEs), meetings between experts, preparation of reports, and how expert opinion is presented at trial, whether concurrently through ‘hot‑tubbing’ or by the conventional adversarial route. It also considers the consequences of non-compliance with expert obligations and offers practical pointers for handling expert evidence in the Chancery Division. Note: CE- File electronic working is compulsory for professional court users in the Chancery Division. For further detail on electronic working, see Practice Notes: When and where is CE- File applicable?—from 1 October 2025, How to use CE- File—from 1 October 2025 and Electronic communication and filing of documents by email— CPR PD 5B Claims...
NOTE—to check whether notification thresholds in the Czech Republic and worldwide are met, see further: Where to Notify. 1. Have there been any recent developments regarding the Czech merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in the Czech Republic? A 2023 bill amending Act No. 143/2001 Coll. on the Protection of Competition (the Act)—which aimed to introduce a so‑called ‘ New Competition Tool’ alongside a call‑in model—has been withdrawn. Even so, the Office for the Protection of Competition (the Office) intends to table a new draft bill in early 2026. Regarding merger control, the Office is expected to put forward a far‑reaching call‑in mechanism, constrained solely by the aggregate Czech revenues of all parties, so acquisitions of companies with no turnover could still face review. The Office also plans to increase the...
Under the loan relationships regime, a key tenet is that a company must recognise profits and losses on its loan relationships for corporation tax in accordance with the accounting treatment applied to those relationships, provided that treatment complies with GAAP. For further detail on the overarching rules for calculating and bringing into account profits and losses on loan relationships for corporation tax, see Practice Note: Loan relationships—the tax main rules. There are, however, circumstances in which the loan relationships code requires the tax position to diverge from the profit or loss shown in the accounts. This can arise where a financial instrument within the loan relationships rules: becomes impaired, or is released (wholly or partly) In these events, the statutory position can differ from the accounting outcome shown in the profit and...
NOTE—to see whether notification thresholds in CEMAC and throughout the world are met, see further: Where to Notify. Introduction Competition in CEMAC is governed by Regulation N. 06/19- UEAC-639- CM-33 of 7 April 2019, Regulation No. 000350 of 25 September 2020, Regulation 00087 of 16 March 2022, and Regulation No. 000140 of 16 March 2023, which amends Regulation No. 000350 ( Second Amendment Procedural Regulations). Mergers that must be notified require the CEMAC Commission’s prior approval before they can be implemented. The framework covers combinations involving legal entities established within the CEMAC area. Under Article 58 of the Regulation, a concentration occurs when: two or more previously independent companies merge, one or more companies acquire, directly or indirectly, control of the whole or part of one or more other companies by equity participation, contract, or any other means, or a joint venture is created to perform, on a lasting basis, all the...
Purpose of the CAS ad hoc Division This division was created to arbitrate disputes that emerge during major sporting events and that must be conclusively resolved within a 24-hour deadline. These cases are determined in line with the CAS Arbitration Rules applicable to the CAS ad hoc division for the Olympic Games ( CAS ad hoc Rules). Usage of the CAS ad hoc Rules The CAS ad hoc Rules have been applied at the following events: the Olympic Games, since 1996 the Commonwealth Games, since 1998 the UEFA European Championship, since 2000 the FIFA World Cup, in 2006, 2018, and 2022 the Asian Games, since 2014 the FIBA Basketball World Cup, in 2023 the UEFA WEURO, in 2025 the FIFA CWC, in 2025 The present CAS ad hoc Rules were established in 2003......
This Practice Note reviews the revised 2012 Criminal Injuries Compensation Scheme, which officially took effect on 13 June 2019. Reasons for reviewing the decision If a crime victim is unhappy with the initial outcome from the Criminal Injuries Compensation Authority ( CICA), whether no award was granted or the sum awarded seems inadequate, they may request that the decision be reconsidered by making an application for review. Be aware there is no assurance that reviewing a CICA decision will lead to a higher award, and the process might conclude with a decision that is less favourable to the applicant. Time limits Where an applicant intends to challenge a CICA decision, the review application must be dispatched so that it reaches the Authority within 56 days of the date on the written notice of the decision. Ensuring confirmed receipt within the stated period is essential for...
This Practice Note offers practical guidance on implementing and enforcing the World Trade Organization’s ( WTO) panel and Appellate Body reports and recommendations. It sets out the norm of prompt compliance and what follows if that prompt compliance is disputed. It also outlines surveillance of compliance and how Member States may pursue compensation for non-compliance or seek authorisation to suspend concessions or obligations under covered agreements. It further explains how disagreements over the meaning of prompt compliance are handled. Introduction The effectiveness of the WTO dispute settlement system depends on the concrete implementation of any finding or recommendation issued by a panel or the Appellate Body. The Understanding on Rules and Procedures Governing the Settlement of Disputes ( DSU) lays down rules to ensure panel and Appellate Body findings and recommendations are carried out. Those rules are intended to ensure it functions as an...
This Practice Note is aimed at UK commercial organisations and is sector-agnostic. It outlines the data protection issues linked to workforce diversity monitoring, including: whether consent is required from the individuals involved whether collecting anonymised data can place you outside data protection rules Large employers commonly gather diversity information and track patterns. Some also share these figures on their intranet and, at times, on public websites. In certain industries, regulators require disclosure; for instance, law firms must submit diversity data to the Solicitors Regulation Authority. Why is data protection relevant to diversity monitoring? The UK General Data Protection Regulation applies whenever you process personal data (see Anonymising diversity data, below). Diversity metrics typically amount to special category personal data under the UK GDPR. Examples include: data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union...
ARCHIVED: Note: this Practice Note offers guidance solely on the measures introduced in April 2013. It does not address any later procedural changes (whether to the CPR or to other procedural rules). Nor does it deal with the implementation or construction of the April 2013 procedural updates (or any that followed). For guidance on the Jackson Reforms a year later and on later CPR updates, see Practice Note: Jackson Reforms—one year on [ Archived] and CPR updates—overview respectively. The fresh provisions in CPR 32.2(3) took effect on 1 April 2013. This Practice Note provides guidance only on the new provisions at CPR 32.2(3). You should also reflect on the impact that other provisions may have on witness evidence, including other Jackson Reforms, the Code of Conduct, and any relevant court guide provisions......
An introduction to witness conferencing in arbitration Witness conferencing (often referred to as ‘hot-tubbing’ or ‘concurrent evidence’) describes a method of taking evidence in which two or more factual or expert witnesses address overlapping questions simultaneously, a practice increasingly prevalent in international arbitration. Used appropriately, witness conferencing can reduce time and expense and promote a streamlined assessment of the merits of a dispute. Conversely, if mishandled, it can muddle the parties’ cases and introduce avoidable delay and cost. As outlined below, a proposal to employ witness conferencing may come from the arbitral tribunal or the parties, and there is wide latitude in designing the process. The format can be tailored to the particular issues contested, the size of the witness pool and the nature of the evidence to be presented. In some matters, witness conferencing occurs alongside counsel’s...
This Practice Note considers the duty of full and frank disclosure in without notice applications for freezing injunctions. This Practice Note reviews the obligation of full and frank disclosure on without notice applications for freezing injunctions. For related guidance on that obligation in the broader context of without notice applications generally, see also the following Practice Notes: Interim injunctions—without notice applications— Duty of full and frank disclosure Cross-border service—full and frank disclosure The duty to supply full and frank disclosure likewise extends to applications issued on short notice and will apply in that context as well. For further detail, including references to cases concerning freezing injunction applications, see Practice Note: Interim injunctions—on notice applications. Note that the guidance in this Practice Note centres on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is...
Cases in which a transfer of assets may be ordered Large insolvencies are ever more cross-border in nature. A company may maintain places of business, assets and creditors across several jurisdictions. In these circumstances, questions arise as to how the company’s assets can be most effectively preserved pending an orderly distribution to creditors, and how creditors domiciled in a particular state may be properly protected. A cost-efficient route is to have a single set of insolvency proceedings—typically in the place of incorporation—with the office-holder’s authority recognised in every jurisdiction where the company holds assets or has creditors (see Re Cambridge Gas Transportation). The strength of this approach is enhanced by relief available under the United Nations Commission on International Trade Law ( UNCITRAL) Model Law (see Practice Note: Recognition and other applications under the Cross- Border Insolvency Regulations) and, where...
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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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