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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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This Practice Note offers an overview of water, flooding and drainage law, aimed at trainee solicitors and other newcomers to the field. An introduction to water, flooding and drainage law In England and Wales, this field is a complex blend of statute, common law and regulatory policy covering environmental protection, public health, land drainage and flood risk. Its growth has been driven by increasing regulation of the water industry, modern flood‑risk management duties and progressively tighter pollution controls. Water companies, developers and regulators must co‑ordinate water resources so that supply, environmental safeguards, pollution prevention and climate‑driven flood risk are balanced within an ever more unified regulatory framework. Key legislation includes: Water Industry Act 1991 ( WIA 1991) Environmental Permitting ( England and Wales) Regulations 2016, SI 2016/1154 ( EPR 2016) Environment Act 2021 ( EA 2021) Flood and Water...
Water pollution Polluted water can kill fish and other aquatic life, harm habitats, threaten drinking supplies, lower water quality and foul beaches. Many kinds of contaminant can enter waters—chemicals, microplastics, petrol, oils and fats, ammonia in sewage, mine waste, nitrates from farming and solid waste. Definitions of water ‘ Controlled waters’ Relevant territorial waters (seawater to three nautical miles) Coastal waters (eg tidal waters) Inland freshwaters (rivers, streams, watercourses, lakes and ponds) Groundwaters (water stored in rock layers beneath soil) Section 104 of the Water Resources Act 1991 ( WRA 1991) ‘ Surface water’ Inland waters (all standing or flowing surface water,...
Water Framework Directive Directive 2000/60/ EC of the European Parliament and of the Council (23 October 2000), known as the Water Framework Directive 2000 ( WFD 2000), created an EU-wide framework for action on water policy, setting a strategic approach to protect and enhance the water environment. It took legal effect in December 2000. The WFD 2000 requires all Member States to manage waters to consistent standards. Each Member State must: delineate and designate river basin districts for integrated management ensure that river basin management plans ( RBMP) are updated every six years prevent deterioration in the status of aquatic ecosystems, safeguard them and improve the ecological condition of waters strive to reach at least good status for all water bodies by 2015 encourage sustainable use of water as a natural resource protect habitats and species reliant on water ...
The regulatory regime In the UK, the release of liquids — including wastewater and effluent — into watercourses is chiefly controlled by environmental permitting and authorisation regimes across England, Northern Ireland, Scotland and Wales, though certain situations may fall outside their scope. For England and Wales, the principal rules on permitting and compliance are contained in the Environmental Permitting ( England and Wales) Regulations 2016 ( EPR 2016), SI 2016/1154. Taking effect on 1 January 2017, EPR 2016 brought together all amendments to the Environmental Permitting ( England and Wales) Regulations 2010 ( EPR 2010), SI 2010/675. The EPR 2010 had superseded the Water Resources Act 1991 ( WRA 1991) provisions on discharge consents and water pollution offences. ( EPR 2010 was revoked in May 2024 as part of the Brexit reforms). EPR 2016 spans a range of activities and sectors. In Northern...
Summary of the Water Act 2014 The Water Act 2014 ( WA 2014) aimed to overhaul the water sector, encouraging innovation, improving responsiveness to customers, and boosting resilience to natural hazards such as droughts and floods. It introduced Flood Re, an industry‑led flood reinsurance scheme that limits premiums for households facing high flood risk. WA 2014 amends the Water Industry Act 1991 ( WIA 1991) and also updates other legislation, including the Water Resources Act 1991 ( WRA 1991). The Act comprises six parts, totalling 95 sections and 12 schedules, arranged as follows: Part 1— Water industry, with 4 chapters Part 2— Water resources Part 3— Environmental regulation Part 4— Flood insurance Part 5— Miscellaneous Part 6— General and final Part 1—water industry Chapter 1—water supply licences and sewerage licences (sections 1–7 and schedules 1–5) This chapter amends the WIA 1991 by widening the water supply licensing regime, introducing new sewerage...
Waste indicators guidance The EA has issued guidance ‘ Check if your material is waste’, which assists in judging whether a material is waste, a ‘by-product’, or attains ‘end of waste’ status. As we move towards a more circular economy, waste indicators have evolved to support resource efficiency and productivity. For more on the circular economy, see Practice Note: Circular Economy and Resource Efficiency. Positive waste indicators Production residues ‘ Production residues’ are substances not intentionally generated during extraction, production or manufacturing. They are usually regarded as waste unless they meet the tests for ‘by-products’, which are not treated as waste. See Practice Note: Meaning of waste—products and by-products. In Commission v Italy, three separate enforcement proceedings were brought against Italy for failing to fulfil its obligations under Directive 75/442/ EEC (as amended), and were heard by the same court on the same day. Each matter...
Meaning of recovery The term ‘recovery’ is set out in paragraph 2 of Part 1 of Schedule 9 to the Environmental Permitting ( England and Wales) Regulations 2016 ( SI 2016/1154). It carries the same meaning as in the Waste Framework Directive 2008/98/ EC, as amended by Directive ( EU) 2018/851, and associated terms are to be interpreted accordingly. In the WFD, ‘recovery’ means any operation where the main outcome is that waste delivers a useful purpose by: replacing other materials that would otherwise be used to fulfil a particular function within a plant or in the wider economy, or being prepared to fulfil a particular function within a plant or in the wider economy Annex II to the WFD provides a non-exhaustive list of recovery operations. Recovery is a central element of waste management under the WFD and, together with disposal activities, constitutes waste treatment as...
National policy 25- Year Environment Plan —the 25- Year Environment Plan outlines the government’s commitments to enhance the environment within a generation. The Environmental Improvement Plan 2023 ( EIP 2023) for England was the first statutory update to the 25- Year Environment Plan under the Environment Act 2021 ( EA 2021). On 1 December 2025, it was replaced by the Environmental Improvement Plan 2025 ( EIP 2025), now the current environmental improvement plan for EA 2021 purposes. EIP 2025 renews the long-term framework for achieving environmental outcomes, revises the interim targets in EIP 2023 and adds two new interim targets. EIP 2025 is pertinent to waste planning as part of the broader policy to improve resource efficiency and drive the move to a more circular economy, complementing the Resources and Waste Strategy and the Waste Management Plan for England (see...
Environmental Permitting Regime—waste incineration Waste incineration is overseen within the UK environmental permitting framework, chiefly through the Environmental Permitting ( England and Wales) Regulations 2016 ( EPR 2016), SI 2016/1154, Sch 20. EPR 2016, SI 2016/1154 came into effect on 1 January 2017, consolidating and revoking the Environmental Permitting ( England and Wales) Regulations 2010 ( EPR 2010), SI 2010/675. EPR 2016, SI 2016/1154 is the principal set of rules for permitting and compliance in England and Wales, applying across numerous industries and activities. What is waste incineration? The term is often used interchangeably with ‘energy from waste’ ( Ef W) or ‘waste to energy’ to describe the thermal treatment of waste to produce electricity and heat. This Practice Note also covers regulation of smaller-scale waste burning for disposal, such as bonfires. Energy recovery from waste can be achieved via various...
What is the ‘waste hierarchy’? Under the Waste ( England and Wales) Regulations 2011, SI 2011/988, reg 12, any establishment or undertaking that imports, produces, collects, transports, recovers or disposes of waste—or that, as a dealer or broker, has control of waste—must, at the point of transfer, take all measures reasonably available in the circumstances to apply the following hierarchy in order of priority: prevention preparing for re-use recycling other recovery (eg energy recovery) disposal The Waste ( England and Wales) Regulations 2011 transposed the requirements of the Waste Framework Directive 2008/98/ EC ( WFD) into domestic law......
Relevant legislation In England and Wales, the Environmental Permitting ( England and Wales) Regulations 2016 ( EPR 2016), SI 2016/1154, set the applicable legal framework. These provisions initially transposed the EU Waste Framework Directive 2008/98/ EC—see Practice Note: EU Waste Framework Directive—snapshot. Government guidance explains how to register or renew waste exemptions and how to choose the appropriate exemption for a waste management activity. What are waste exemptions? A waste exemption is a waste operation that does not need an environmental permit, as long as the particular limits and conditions of that exemption are satisfied. Under EPR 2016, no person may operate a ‘regulated facility’ except in accordance with an environmental permit. A regulated facility covers ‘installations’ and ‘waste operations’, but excludes an ‘exempt facility’. For clarification of the terms ‘regulated facility’, ‘installation’ and ‘waste operation’, see Practice Note: Environmental Permitting Regulations 2016—waste...
Introduction Waste is defined as ‘any substance or object which the holder discards or intends or is required to discard’. Assessing whether something amounts to waste is complex and usually calls for a case-by-case evaluation of whether the holder has discarded an item, intends to do so, or is obliged to discard it. The term ‘discard’ must be construed in light of legislative provisions addressing the harmful effects of waste and the protection of the environment and human health. Nonetheless, some materials lie outside the scope of waste. This Practice Note describes the provisions dealing with matters excluded from the statutory definition of waste. See also the following Practice Notes: Meaning of waste—what is waste? Meaning of waste—definition of waste Waste projects—overview Environmental Permitting Regulations 2016—waste installations, waste operations and exempt waste...
The Waste Electrical and Electronic Equipment Regulations 2013 Waste Electrical and Electronic Equipment Regulations 2013 ( WEEE 2013), SI 2013/3113, as amended, revoked and superseded the Waste Electrical and Electronic Equipment Regulations 2006 ( WEEE 2006), SI 2006/3289. They initially gave effect in full to the obligations in Directive 2012/19/ EU, the recast WEEE Directive. WEEE 2013, SI 2013/3113, is, in essence, founded on the concept of extended producer responsibility, which obliges producers to bear responsibility for the environmental consequences of their products, particularly at the end of their life when they become waste. Comparable producer responsibility frameworks apply under the Packaging Waste Regulations ( SI 2007/871 and SI 2015/1640) and the End of Life Vehicles Regulations ( SI 2005/263 and SI 2003/2635). For more detail on producer responsibility, see Practice Note: Packaging waste—extended producer responsibility regime. For an overview of the WEEE...
Introduction Under section 34 of the Environmental Protection Act 1990 ( EPA 1990), as amended, from time to time, the waste duty of care obliges all waste ‘holders’ to fulfil requirements and follow procedures designed to protect the environment and prevent harm from the moment waste is produced at source through to its eventual recovery or disposal. A central obligation is to supply a written description of the waste so that, in practice, every holder can continue to ensure fully legal compliance with the other elements of the duty of care. For more information and guidance, see: Waste duty of care—overview. Distinct rules apply when handling hazardous waste and when managing POPs waste (waste with a high concentration of persistent organic pollutants, ‘ POPs’). For more on POPs, see Practice Note: Persistent organic pollutants ( POPs). Annex III to the Waste Framework...
The statutory duty of care in relation to controlled waste EPA 1990, s 34(1) first established the statutory duty of care for controlled waste, and it has since been revised on several occasions. Breach of that duty is an offence under EPA 1990, s 34(6). The principal waste regulators are: Environment Agency ( EA) in England Natural Resources Body for Wales ( NRW) Scottish Environment Protection Agency ( SEPA) Northern Ireland Environment Agency ( NIEA) Local authorities also regulate the less polluting processes and facilities. The main government departments are: Department for Environment, Food and Rural Affairs ( Defra) Welsh Government Scottish Government Department for Agriculture, Environment and Rural Affairs ( DAERA) This Practice Note addresses the duty of care for controlled waste in England and Wales only. It cites EU law. For guidance on how this applies in the UK see...
Compliance All carriers must: The following obligations apply: register with the Environment Agency in England and with Natural Resources Wales in Wales, as applicable present authorisation (for example, a registration certificate) promptly when asked avoid transporting controlled waste unless properly registered, unless operating as an exempt carrier provide relevant information requested by the regulator update registration details within 28 days of any change These duties are required. Brokers and dealers are required to: register with the Environment Agency ( EA) in England and Natural Resources Wales ( NRW) in Wales amend registration information within 28 days when any changes occur Enforcement Carriers The EA in England and NRW in Wales enforce a carrier’s duties under the Control of Pollution ( Amendment) Act 1989 ( CP( A) A 1989) and the Waste ( England and Wales) Regulations 2011, SI 2011/988. Under CP( A) A 1989,...
This Practice Note offers an introduction to waste law and waste producer responsibility, aimed at trainee solicitors and anyone beginning to engage with these topics. An introduction to waste law Waste law and policy comprise the legal rules and policy frameworks for managing waste so as to protect human health and the environment. In England and Wales, they are grounded in circular economy principles, keeping resources in use for as long as possible and reducing waste through reuse and recycling. The different strands of waste law interconnect to create a comprehensive system for responsible waste management. The definition of waste underpins classification and controls, while the duty of care ensures safe handling across the waste lifecycle. Permits regulate waste management activities, with hazardous waste regulations providing extra safeguards. Effective waste management, planning and policy support sustainable practices, and transport rules ensure the safe movement of waste....
Warranty and indemnity ( W& I) insurance—insured v uninsured claims Warranty and indemnity ( W& I) insurance is a well-established mechanism for shifting risk in private M& A deals. For more detail on what W& I insurance is and how it is deployed, see Practice Note: Warranty and indemnity ( W& I) insurance in M& A transactions. The route for advancing a claim under a W& I policy differs in several respects from pursuing an equivalent uninsured claim directly against a seller. Over the past ten years, W& I cover has evolved alongside the broad promotion and uptake of alternative dispute resolution, aimed at steering parties away from court proceedings. In England and Wales, both the Ministry of Justice and the judiciary have made concerted efforts to encourage resolution by means other than the courts, as litigation is frequently lengthy, costly and...
What does this Practice Note cover? This Practice Note sets out an explanation of warrants (often termed securitised derivatives) and considers: what warrants are types of warrants key warrant terminology how warrants are listed and offered how warrants are documented, and the differences between warrants and comparable instruments What are warrants? A warrant is a tradeable security that grants the holder the right, but not the obligation, to: buy or sell a specified asset (the underlying asset, or simply the underlying) at a specified price (the exercise price or strike price) on a specified date or dates (the exercise date(s)) A warrant is a type of derivative—its value is derived from the underlying asset and offers exposure to that value without owning the asset. They are sometimes described as securitised derivatives, ie derivatives embodied in...
Scope and purpose This Practice Note supports the review and/or negotiation of a warehousing and transport services agreement. It is aimed at a lawyer acting for the customer, as most larger suppliers rely on their own in‑house teams. Reflecting the commercial reality of many such deals, it proceeds on the basis that the supplier has drafted the agreement and that the terms lean in its favour. For a customer‑favourable precedent, see Precedent: Supply of warehousing and transport services agreement—pro‑customer. Sector influences The logistics sector (which covers warehousing and road transport services) is a mature market shaped by prominent trade associations, including the Road Haulage Association ( RHA), Logistics UK (formerly the Freight Transport Association ( FTA)) and the UK Warehouse Association ( UKWA). Many of these bodies issue standard terms for members—typically suppliers of transport and storage services in all forms, such as hauliers,...
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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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