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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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NOTE—to check if notification thresholds in Zimbabwe and globally are satisfied, consult the resource titled Where to Notify. Note— Zimbabwe also belongs to COMESA, which runs a supra-national merger control system, as well as the SADC. Introduction Zimbabwe’s merger oversight framework is set out in section 34A of the Competition Act ( Act) and its accompanying Regulations. Filings are compulsory for deals that hit the prescribed financial thresholds, and such transactions must be notified to the Competition and Tariff Commission ( Commission). The Commission, an independent authority empowered under section 4 of the Act, is the sole body with the mandate to investigate and clear a merger. Consequently, no other domestic authority may review its determinations. A dissatisfied party may, however, challenge the Commission’s decision before the Administrative Court. For purposes of the Act, a ‘merger’ covers the direct or indirect obtaining or creation of a...
Step-by-step guide Party A and Party B execute an International Swaps and Derivatives Association ( ISDA) Master Agreement, together with a Schedule, and agree with one another that they will document their zero‑coupon inflation swap ( ZC) by means of an ISDA confirmation Presume a notional amount of......
ARCHIVED This Practice Note is archived and no longer updated, as it addressed the operation of EU free movement rules in the UK before IP completion day, when domestic measures giving effect to EU free movement were revoked, subject to specified savings and modifications. For fuller information, including the relevant savings and the status of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. The Practice Note is preserved in archived form for historical interest, since EU law as it was previously applied in the UK remains pertinent in certain limited circumstances. For historical iterations of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052, including the version immediately before revocation, see Legislation.gov.uk. For continuing developments in EU free movement law across EU Member States, see: Immigration, employment & share incentives ( EU...
Note— Zambia is also a member of COMESA, which runs a supranational merger control regime, and the Southern African Development Community. 1. Have there been any recent developments regarding the Zambian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Zambia? The Competition and Consumer Protection ( Amendment) Act No. 21 of 2023 ( Amendment Act) took effect on 26 December 2023, revising multiple provisions of the Competition and Consumer Protection Commission Act No. 24 of 2010 (the Act). These revisions constitute the most significant overhaul since the Act commenced in October 2010. A key shift is that the Amendment Act at last gives domestic effect to the COMESA Competition Regulations, resolving a long-standing gap, notably for merger control. In addition, new rules concerning ‘ Core Assets’, as defined in the...
Yunneng Wind Power Co. Limited successfully sought a Part 26A restructuring plan ( RP), with the convening hearing in July 2023 and the sanction hearing in August 2023. The key points are set out below. Capitalised terms not defined here take the meanings assigned in the convening and sanction judgments. This Deal Debrief forms part of the Restructuring plans collection. For a fuller review of core metrics from RPs lodged in 2023, alongside commentary from leading figures in the restructuring sphere, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]. Name of plan company Yunneng Wind Power Co.......
CASE HUB ( NOTE— ICAP lodged an appeal before the General Court in Case T-180/15; see Case T-180/15 Icap and Others v Commission) ARCHIVED – this hub captures the position as at the final decision of 4 February 2015 and is no longer updated. See further: timeline, commentary and related cases. Case facts Outline: European Commission Article 101 TFEU probe into a cartel affecting Yen interest rate derivatives ( Case AT.39861). Five banks ( UBS, RBS, Deutsche Bank, JPMorgan and Citigroup) together with RP Martin settled with the Commission and, on 04/12/2013, received aggregate fines of €669.719m; a second broker, ICAP, declined to settle and was later fined €14.96m by the Commission on 04/02/2015. Latest developments On 28 May 2021, the Commission issued its re-adopted decision imposing total penalties of €6.45m on ICAP. That decision followed the General Court’s ruling in Case T-180/15, which set aside the fines levied on ICAP in...
This Practice Note offers practical guidance on trade and the environment within the WTO. It outlines the relevant WTO agreements that touch on aspects of environmental protection, the pertinent ministerial decisions, and the ongoing talks on an Environmental Goods Agreement within that context. Introduction Since its creation in 1995, the WTO has recognised the interplay between commerce and the natural environment. The Marrakesh Agreement establishing the WTO lists among its aims the optimal utilisation of the world’s resources in pursuit of sustainable development. This objective is to be realised by striving both to safeguard and conserve the environment and to strengthen the tools for doing so, in a way that aligns with each Member States’ particular needs and priorities across varying stages of economic development. Historically, Members have tended to view the trade–environment nexus through the lens of how environmental policies may affect trade flows. As a...
This Practice Note offers practical guidance on the World Trade Organisation’s ( WTO) Agreement on Trade in Pharmaceutical Products (the Pharma Agreement). Introduction During the 1994 Uruguay Round, certain WTO Member States concluded a plurilateral arrangement on pharmaceutical products, known as the Pharma Agreement. Those participating committed to eliminate and/or reduce tariffs in defined sectors. These obligations operate solely between the Member States that are party to the Pharma Agreement. Consequently, only those Member States may rely on the Most Favoured Nation ( MFN) principle. For guidance on the MFN principle, see Practice Note: An introduction to Trade in Goods. Which Member States are part of the Pharma Agreement Currently, the following Member States are party to the Pharma Agreement: Canada The EU Japan Macao ( China) Norway Switzerland The UK The...
This Practice Note offers practical guidance on the stabilised text of the Joint Statement Initiative on Electronic Commerce. It examines the themes of enabling e-commerce, openness and e-commerce, trust and e-commerce, transparency, cooperation and development, and telecommunication. Introduction E-commerce has a longstanding presence within the World Trade Organization ( WTO). For further background, see Practice Note: E-commerce and the WTO. At the 11th Ministerial Conference, a group of WTO Members agreed to begin exploratory work towards future WTO negotiations on trade-related aspects of e-commerce, set out in the Joint Statement on Electronic Commerce (the Joint Initiative). The Joint Initiative aimed for a high-standard outcome that builds on existing WTO agreement and frameworks, with the widest possible participation of Member States. On 26 July 2024, the co-conveners— Australia, Japan and Singapore—announced that, after five years of talks, participants had reached a stabilised text. The Joint...
This Practice Note offers practical guidance on the World Trade Organization ( WTO). Introduction The WTO’s Investment Facilitation for Development ( IFD) Agreement seeks to strengthen the investment and business climate of Member States that are party to it, by setting rules and disciplines on investment facilitation that improve the transparency, efficiency and predictability of the regulatory environment for investment. Background Talks on the IFD Agreement began in December 2017, launched by 70 Member States that issued a Joint Statement on Investment Facilitation for Development. These 70 Members recognised the dynamic interlinkages between investment, trade and development in the global economy, and the need for deeper international cooperation at the global level to build a more transparent, efficient and predictable setting for facilitating cross-border investment. Accordingly, they called for negotiations on investment facilitation for development and for a concrete outcome by the 12th...
This Practice Note offers practical guidance on the WTO’s Information Technology Agreement ( ITA), the 2015 expansion of its product scope, the commitments undertaken under the ITA, the Members that have acceded, and the range of goods it covers. Introduction At the Singapore Ministerial in December 1996, around 29 Members committed to the Ministerial Declaration on Trade in Information Technology Products, commonly known as the ITA. Only certain Members have accepted it, so it is plurilateral; however, it diverges in a fundamental way from the better-known plurilateral arrangements—the Agreement on Trade in Civil Aircraft and the Agreement on Government Procurement. For guidance on those two agreements, see Practice Note: An introduction to plurilateral agreements of the WTO. The Civil Aircraft and Government Procurement agreements are exclusive, meaning their advantages are confined to the Members that have signed up to them. By contrast, the ITA differs from these in a key...
This Practice Note offers practical guidance on the institutional arrangements of the World Trade Organization ( WTO), addressing the Ministerial Conference, the General Council, the WTO Secretariat and the individual divisions within the Secretariat... Introduction The WTO does not operate through formal institutions as such; instead it relies on a network of councils, bodies, committees and working groups. Decision-making is conducted by consensus among its Member States under Article IX of the Marrakesh Agreement Establishing the WTO ( Marrakesh Agreement), see Practice Note: An introduction to the World Trade Organization. Accordingly, most outcomes are reached by consensus, although the Marrakesh Agreement permits voting where consensus proves unattainable. In this way, the WTO contrasts with other international organisations, such as the World Bank, as no authority is delegated to a board or to a single head of organisation. The WTO’s...
Introduction This Practice Note offers practical, practitioner-focused guidance on the trading of financial services. It considers the Annex and Second Annex on financial services, together with the Decision on financial services and the Understanding on commitments in financial services. These instruments are considered collectively. Trade in financial services is governed by the World Trade Organisation’s ( WTO) General Agreement on Trade in Services ( GATS). Accordingly, our materials on the GATS apply to trade in financial services. See Practice Note: An introduction to Trade in Services. However, two annexes on financial services to the GATS, as well as an understanding and a decision, are key to understanding trade in financial services. The annexes are titled the Annex on Financial Services and the Second Annex on Financial Services. The understanding is the Understanding on commitments in financial services. The decision is the Decision on Financial...
This Practice Note offers guidance on trading in telecommunications services. It centres on the Annex on Telecommunication Services and should be considered alongside our practical guidance on the General Agreement on Trade in Services. It explains the scope of the Annex on Telecommunication Services and the commitments taken on by Member States. Those commitments concern rights of access to, and use of, telecommunication transport networks and services, together with any applicable conditions. The note is comprehensive, addressing all remaining obligations set out in the Annex on Telecommunication Services. It should be read in conjunction with the practical guidance on the General Agreement on Trade in Services noted above. Introduction Trade in telecommunication services is governed by the World Trade Organisation’s ( WTO) General Agreement on Trade in Services ( GATS). Accordingly, our GATS guidance applies to trade in...
This Practice Note sets out practical, hands-on guidance on electronic commerce (e‑commerce) at the World Trade Organization ( WTO). Introduction E‑commerce has been a priority at the WTO almost from its creation in 1995. In May 1998, the Second Ministerial Conference held in Geneva approved the declaration on global electronic commerce (the ‘ Declaration’). The Declaration acknowledged that e‑commerce is rapidly expanding and creating fresh opportunities for trade, and it called on the WTO General Council to put in place a comprehensive work programme to study all trade‑related issues arising from global e‑commerce. For guidance on the General Council, see Practice Note: Institutions of the World Trade Organization. In September 1998, the General Council accordingly duly adopted the Work Programme on Electronic Commerce. The General Council sets the work programme and keeps it under continuous and regular review, as it remains a standing item on its...
This Practice Note sets out hands-on guidance on World Trade Organization ( WTO) dispute settlement at the panel phase. It explains the key steps to undertake, including consultations and the requesting, establishment and composition of panels. It further outlines matters such as third-party participation rights, the panel’s remit, its working procedures, the drafting of the panel report and the Dispute Settlement Board’s ( DSB) adoption of that report. It is intended for practitioners seeking concise, actionable direction at this key procedural stage. Introduction The resolution of international trade disputes within the WTO is governed by the Understanding on Rule and Procedures Governing the Settlement of Disputes (the Dispute Settlement Understanding or DSU). For practical guidance on the WTO’s Dispute Settlement Understanding, see Practice Note: Introduction to the World Trade Organization Dispute Settlement. The DSU is directed at securing a positive resolution of disputes. In this light,...
This Practice Note offers practical guidance on Appellate Body reviews of World Trade Organization ( WTO) panel rulings. It explains the role of the Appellate Body, its membership, and the composition of each division hearing a dispute. It also sets out who may lodge an appeal, which parts of a panel report are appealable, how an appeal is filed, and who hears the appeal. It outlines the steps in the appellate process and the applicable time limits. Finally, it covers the possible results of an appeal, the adoption of the Appellate Body report, and any recommendations made by the Appellate Body. Introduction All WTO disputes begin with consultations. If those talks fail to settle the issues, the matter may move to adjudication before a WTO panel constituted for the specific dispute. For practical direction on consultations and dispute settlement at the panel stage, see...
This Practice Note offers practical guidance on the initiative at the World Trade Organization ( WTO). Introduction During the Hong Kong Ministerial Conference (the 6th Ministerial Conference) in 2005, the initiative was unveiled. For guidance on Ministerial Conferences in general, see Practice Note: Institutions of the World Trade Organization. The Hong Kong Ministerial Conference recognised that the initiative should aim to support developing countries, particularly least developed countries ( LDCs), to build supply-side capacity and trade-related infrastructure needed to implement and benefit from the WTO Agreements and, more broadly, expand their trade. It should therefore help developing countries to boost exports of goods and services, to integrate into the multilateral trading system, and to benefit from liberalised trade and greater market access. The Ministerial Conference also invited the WTO Director- General to set up a task force to recommend to the General Council how the...
This Practice Note outlines compliance and regulatory obligations linked to health and safety, with a focus on the need for a written health and safety policy. It addresses health and safety requirements in an office-based working environment. Different sectors or workplace-specific contexts may have additional obligations in other settings. For guidance on drafting a health and safety policy, see Practice Note: How to formulate a health and safety policy. What is a health and safety policy? A health and safety policy is a written statement describing the organisation’s principles and aims for protecting the health and safety of employees and visitors. Regulatory requirements Health and Safety at Work etc Act 1974 The Health and Safety at Work etc Act 1974 ( HSWA 1974) is the core statute governing occupational health and safety. In essence, employers must, so far as is reasonably practicable, secure the health, safety and welfare of their...
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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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