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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 Standard Conditions of Sale ( Fifth Edition—2018 Revision) ( SCS) comprise the core conditions underpinning most contracts for buying and selling residential property in England and Wales. Where a deal concerns commercial or mixed‑use premises, the Standard Commercial Property Conditions ( Third Edition—2018 Revision) ( SCPC) are the better fit. First issued on 1 April 2011, the SCS appeared alongside the Law Society’s Conveyancing Protocol (the Protocol). When the Protocol is used for a given conveyancing matter, the parties must adopt the current SCS, and step 13 of the Protocol provides that special conditions should be added only where strictly required for that transaction. Protocol use is compulsory for solicitors accredited under the Conveyancing Quality Scheme. For more detail on the Protocol, see Practice Note: The Law Society’s Conveyancing Protocol. The 2018 update to the SCS took effect in March...
Practice Note This Practice Note outlines who may apply for a special guardianship order ( SGO) for a child as of right, and who must first obtain the court’s permission. It details the factors the court is required to consider when determining whether to give permission. It further describes the steps for seeking permission, including the prescribed application format, the necessary supporting documents, and requirements for service on relevant parties where applicable......
CASE HUB ARCHIVED – this page captures the position as at the judgment dated 16 September 2013; it is no longer being updated. See also: timeline, commentary and related/relevant cases Case facts ARCHIVE—16/09/2013 Outline Appeals were brought before the General Court seeking annulment, partial annulment and/or reductions in the individual fines levied, arising from the Commission’s decision of 3 October 2007, which found breaches of Article 101 TFEU and ordered aggregate penalties of €183.65m on four corporate groups for purported involvement in a price‑fixing and cartel allocating markets and customers in the Spanish bitumen sector between 1991 and 2002 (‘ Spanish bitumen cartel’). On 16 September 2013, the General Court upheld all substantive findings of the Commission and rejected in full the claims by Repsol, CEPSA and PROAS, but marginally cut the fines for GALP and Nynäs. These matters focus, amongst other things, on the...
This Practice Note addresses regulatory obligations and practical considerations concerning the layout and substance of a client’s final bill of costs, including situations where an interim statute bill has been issued. It also sets out how interim bills should be dealt with when you come to serve your final bill. While the words ‘bill’ and ‘invoice’ are often treated as interchangeable, this Practice Note consistently uses the term ‘bill’. There is no specific statutory or regulatory prescription for the precise form or contents of a client’s final bill. However, that does not entitle you to present the bill in any format you wish. You must ensure that you: comply with the information and related obligations in the SRA Standards and Regulations, which, though not directed at bills expressly, do apply to your bill in an indirect way are able, if the bill...
For additional practical guidance on solar projects, including perspectives from multiple jurisdictions, see the textbook Solar Power: A Practical Handbook. What is solar PV? Photovoltaic ( PV) technology converts solar energy into electrical power. The term ‘photovoltaic’ is formed from: photo, taken from the Greek for light, and volt, the unit of electromotive force, linked to electricity pioneer Alessandro Volta PV materials transform light energy into electrical energy, as demonstrated in 1839 by French physicist Edmond Becquerel, who showed that sunlight could generate an electric current within a solid. It was more than a further century before scientists established that the photoelectric, or photovoltaic, effect enables certain materials to convert light into electricity at the atomic scale. PV technology components Cells and modules Typically, PV systems are made up of PV cells, usually comprising one or two layers of silicon or similar materials, connected in series to form...
This Practice Note explains the rules on qualification for the allocation of housing by a local housing authority ( LHA) in England, brought in by the Localism Act 2011 ( LA 2011) and inserted into the Housing Act 1996 ( HA 1996). It is not relevant to Wales. It sets out the general allocation framework, issues affecting the armed forces, the right to move, and also how these elements interact. Through LA 2011, significant changes were made to HA 1996, Part VI, which governs the allocation of social housing. A key change, applying in England only and not in Wales, was the creation of a concept of ‘qualification’ for allocation, alongside ‘eligibility’. Accordingly, in England, a person who meets eligibility criteria for an allocation (broadly, by holding the requisite immigration status—see Practice Note:...
At a convening hearing in January 2022 and a sanction hearing in March 2022, Smile Telecoms Holdings Limited sought court approval for a second Part 26A restructuring plan ( RP), coming after a prior plan sanctioned in March 2021 (see Smile Telecoms Holdings Limited [2021] EWHC 685 ( Ch) and Practice Note: Part 26A restructuring plan deal debrief— Smile Telecoms Holdings Limited (first plan)). The principal points are outlined below (capitalised terms not otherwise defined adopt the meanings in the convening and sanction judgments). This deal debrief sits squarely within our Restructuring plans collection. For granular analysis of 2023 RP filings and commentary from leading figures in restructuring, please refer to Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]. Name of plan company Smile Telecoms Holdings Limited (the Company) Industry...
1. What is the applicable legislation? The key statute regulating foreign direct investment ( FDI) control is the Investment Promotion Act ( Official Gazette Nos. 13/18, 204/21, 29/22, 65/23 and 31/24, the Act). It defines the categories of investment incentives, the qualifying conditions and criteria, the procedure for granting such incentives, and measures designed to stimulate investment and support the internationalisation of business entities in Slovenia. On FDI, the Act is aligned with Regulation ( EU) 2019/452 of the European Parliament and of the Council of 19 March 2019, which sets an EU framework for screening FDI that may affect security or public order. EU Member States may keep their existing screening mechanisms, introduce new ones, or opt to have none. Nonetheless, several core requirements must be met, including transparency of rules and procedures, the ability to seek recourse against screening...
This table outlines all completed inquiries by Slovenia’s competition watchdog (the Slovenian Competition Protection Agency— SCPA) into suspected cartels, anti-competitive agreements and abuses of dominance ( Articles 101/102 TFEU and national counterparts) since 2018. Note—only publicly disclosed investigations are shown 2025 Investigations under Article 101 TFEU/ Article 6 of the Competition Act Automotive — Renault nissan slovenija (now: GA Adriatic); Avtohiša real; Avtohiša malgaj; Pleško Cars; Avtoservis Kalan — Cartel — Infringement decision announced (after settlement) — 15/01/2025; fines totalling over 1m Investigations under Article 102 TFEU/ Article 9 of the Competition Act The SCPA has not yet issued any decisions under Article 101/ Article 6 in 2025 2024 Investigations under Article 101 TFEU/ Article 6 of the Competition Act Veterinary medicine — Veterinary Chamber of Slovenia — Restrictive agreements—price fixing — Infringement decision announced (after settlement) — 22/01/2024; fines totalling...
1. What is the applicable legislation? The principal statute governing FDI screening in Slovakia is Act No. 497/2022 Coll. on the Screening of Foreign Investments, as amended (the FDI Act 2022). From its commencement on 1 March 2023, the provisions of the FDI Act 2022 apply to every foreign investment made in the Slovak Republic. The screening regime was introduced to create a comprehensive system through which Slovak authorities may assess, as appropriate, impose remedies on, or prohibit foreign investments that might endanger the security or public order of Slovakia or the European Union. Beyond this, the FDI Act 2022 sets rules for certain elements of the Slovak Republic’s collaboration with other EU Member States and with the Commission in relation to foreign direct investments. In doing so, notably, the FDI Act 2022 facilitates the effective application of Regulation ( EU) 2019/452 of the...
ARCHIVED: This Practice Note has been archived and is not being maintained. It was originally prepared for Lexis Advance® Practical Guidance Singapore. Priority date Section 17 of the Patents Act ( Cap 221) states that a Singapore patent application takes as its priority date the filing date of the first patent application made in another country. That country must be a Paris Convention party or a World Trade Organisation member. Where the initial filing occurred in Singapore, the Singapore filing date serves as the priority date for subsequent applications abroad. This date fixes the state of the art for evaluating patentability. Paris Convention Treaty application An international application under the Paris Convention Treaty ( PCT) can be filed with the Intellectual Property Office of Singapore ( IPOS) as the receiving office. Doing so safeguards the applicant’s ability to seek patent protection across all PCT...
This Practice Note was first prepared for Lexis Advance Practical Guidance Singapore. Patent infringement In Singapore, actions for patent infringement are governed by Part XII of the Patents Act ( Cap 221). All infringement claims must be commenced in the Singapore High Court— Patents Act, s 67 read with s 2. Who can sue? Only the registered proprietor of the patent and/or the holder of an exclusive licence has locus standi to sue for infringement under the Patents Act, ss 67(1) and 74(1). A co-proprietor may commence infringement proceedings without the concurrence of the other co-proprietors, provided all co-proprietors are named; however, if they are made defendants, they will not be liable for costs or expenses unless they enter appearance and participate in the proceedings. Where an exclusive licensee brings the claim, the proprietor of the patent need not be a party; if the...
ARCHIVED: This Practice Note has been archived and is not maintained. It was originally prepared for Lexis Advance® Practical Guidance Singapore. Ownership of copyright Copyright is a personal right that arises where a qualified person has materially contributed to the particular expression of a work. See Asia Pacific Publishing Pte v Pioneers & Leaders ( Publishers) Pte [2011] 4 SLR 381 (not reported by Lexis Nexis®). This is distinct from ownership of the physical item embodying the work, which may rest with someone other than the copyright owner. Under section 30(2) of the Copyright Act ( Cap 63), the creator is regarded as the author and, once the work is fixed in material form, will be the first owner. There are, however, express statutory exceptions to this default position within the Copyright Act,...
This table summarises all completed investigations by Singapore’s competition authority (the Competition and Consumer Commission of Singapore—the CCCS) into alleged cartels, anti-competitive agreements and abuses of dominant positions since 2018. Note—only investigations that have been made public are included in this table. 2025 Investigations under section 34 of the Competition Act Remittance services — ZGR Global; Hanshan Issues: Restrictive agreement—information exchange Developments: Decision finding infringement—31/07/2025; penalties totalling $5.36m imposed Contracting — Trust- Build Engineering & Construction Pte. Ltd; Hunan Fengtian Construction Group Co. Ltd Issues: Restrictive agreement—bid rigging Developments: Decision finding infringement—23/05/2025; penalties totalling $4.6m imposed ...
ARCHIVED: This Practice Note is archived and is not being maintained. It was originally prepared for Lexis Advance® Practical Guidance Singapore. It outlines actions by authorities, including customs and the police, together with civil proceedings and private criminal prosecutions brought by rights owners. In certain countries, administrative action against infringers is also available, but that is not covered here. Customs Singapore Customs enforces IP rights within Singapore and oversees goods entering the border. Customs officers are empowered to inspect and detain goods imported into Singapore for a broad range of IP infringements. The principal legislation is the Trade Marks Act 1998, which took effect on 15 January 1999, and its subsidiary legislation, namely the Trade Marks ( Border Enforcement Measures) Rules ( Cap 332, R2). Under s 82(1) of the Trade Marks Act, rights holders should make an application, by way of a written notice, to the...
The Financial Services Enforcement Database The Database collates detailed information on all substantive FCA and PRA Final Notices and, where available, Decision Notices from 2014 onwards. Search and filtering are available by: Regulator Rule or legislation breach Keyword — including ‘ Anti-money laundering ( AML) systems and controls’ and ‘ Customer Due Diligence ( CDD)’ Sector Date Financial penalty and aspects of financial penalty analysis Outcomes, including redress and prohibition orders Other actions, such as referrals to the Upper Tribunal This Practice Note assists advisers to financial services firms in complying with the UK AML, counter-terrorist financing ( CTF) and countering the financing of proliferation of weapons of mass destruction ( CPF) framework. The Checklist sits within a wider series addressing customer due diligence ( CDD), also known as ‘know your customer’ ( KYC), as set out in the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer)...
This Practice Note considers the regulatory requirements that apply to a company listed in the equity shares (commercial companies) category (also called the commercial companies category) when it is undertaking, or intends to undertake, a transaction categorised as a significant transaction under Chapter 7 of the UK Listing Rules, UKLR 7. In this Practice Note, references to a listed company mean a company listed in the commercial companies category. A significant transaction is one outside the listed company’s ordinary course of business where any class test produces a percentage ratio of 25% or more. The class tests are a suite of assessments used to gauge the scale and importance of a transaction by a listed company or any of its subsidiary undertakings, and are set out in UKLR 7 Annex 1. For full details of the class tests in the UKLR, see...
This Practice Note examines an employee’s entitlement to resume work following shared parental leave, as set out in section 75I of the Employment Rights Act 1996 ( ERA 1996) and the Shared Parental Leave Regulations 2014 ( SPL Regs 2014), SI 2014/3050. For comprehensive guidance on the substantive right to take shared parental leave on birth and adoption, refer to Practice Notes: Shared parental leave (birth) and Shared parental leave (adoption). Employees are protected against detriment and dismissal because of shared parental leave. For further detail, see Practice Note: Detriment or dismissal because of shared parental leave. The government’s technical guide for employers addresses whether an employee may return to the same job after shared parental leave at FAQ 76. The guidance titled Employee rights when taking maternity and other types of parental leave also offers an overview of the right to...
Allotment and issue of shares Statutory provisions regulate the allotment and issue of shares, with requirements differing by company type (private or public, listed or unlisted) and by whether there is a single class of shares or multiple classes. This Practice Note examines the allotment and issue of shares by the following: a private company with a single class of shares intending to allot a different class; a private company that already has more than one class of shares; and a public unlisted company (meaning a company that is not a listed company, an AIM company, or a company with securities traded on the AQSE Main Market, AQSE Growth Market or AQSE Trading). For a general overview, see Practice Note: Allotment and issue of shares—introductory points. For guidance on allotments and issues of shares for other company types, see Practice Notes: Allotment and issue of...
To be enforceable, any post-termination covenant must go no further than is strictly required to safeguard the employer’s legitimate business interests (see Practice Note: Legitimate business interest). A clause will not be upheld if it exceeds that minimum (see Practice Note: Post-termination restrictions—reasonableness: Reasonable as between the parties) and is, for instance, excessively broad in geographical scope or length. If a covenant reaches beyond what is needed, whether by area or time, it will not be enforced. Judges are not allowed to recast a covenant to make it reasonable and thus enforceable. Some employers add terms to employment contracts stating that, where the scope or duration is excessive, it may be cut down as needed to make the covenant effective. Such wording is, in general, of little effect. While the courts cannot redraft the covenant’s terms, they can excise...
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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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