Featured documents
Introduction to statutory interpretation The aim of statutory interpretation is to determine the legal meaning of a statute, that is, the sense that expresses the legislator’s intention. The clearest guide to that intention is the statutory wording itself, read in its context and with its overall purpose in mind, and its broader legislative setting. Courts should seek to fulfil the purpose of legislation by construing its language, so far as they can, in the manner that most effectively serves that purpose. Put differently, the courts’ default method is purposive, and every enactment is to be construed with that end in view. There is a starting presumption that the grammatical and ordinary sense of an enactment reflects the meaning intended by the legislator. Where an enactment reasonably bears only a single meaning, and no other interpretative tools or
This Practice Note addresses identifying a fiduciary, fiduciary duties and obligations, the no conflict rule, the no profit rule, a fiduciary's duty of confidence, and the remedies available for breach of fiduciary duty. Who is a fiduciary? There is no definitive catalogue of relationships that give rise to fiduciary obligations at common law in every situation universally. Certain relationships are inherently fiduciary, eg trustee and beneficiary, solicitor and client, principal and agent, business partner and co-partners, together with mortgagor and mortgagee. The obligations of some fiduciaries have been set out in statute; for instance, trustees owe a statutory duty of skill and care under section 1 of the Trustee Act 2000 (TrA 2000), and directors' relationships with their companies are addressed in the Companies Act 2006 too. For guidance on directors' fiduciary duties, see Practice Note: of directors for further detailed
Definition of ADR Alternative dispute resolution (ADR) is defined in the CPR Glossary as a collective label for methods of settling disputes other than through the usual trial process. Some courts adopt the term ‘negotiated dispute resolution’ (NDR) to describe resolution by alternative means; for ease, this Practice Note uses ADR. For guidance on how ADR is addressed in the various court guides, see Practice Note: ADR and NDR in the court guides. In essence, ADR is a means of resolving a dispute outside the court system. It typically involves a neutral third party who either helps the parties reach a negotiated outcome, or issues a determination of the dispute that is legally binding. A binding result can follow where the agreement to refer the dispute to ADR so provides. There are multiple forms of ADR processes. For an outline of the different types and their
In brief The British constitution is uncodified, meaning it does not spring from a single constitutional document or code. It draws on a wide range of written and unwritten sources. Alongside the principal written sources of law in England and Wales—legislation (which has also introduced international and human rights principles into our constitution) and the common law—the constitution also rests on two further unwritten bases within this system: the prerogative, and non-legal constitutional conventions. In addition, on one view the basic or prevailing principle of our constitution, Parliamentary sovereignty, is ultimately grounded in political fact rather than in law. Legislation Legislation is the foremost source of constitutional law. Acts of Parliament may set out detailed constitutional rules, or even pass authority to create them to ministers or to others. Under the doctrine of Parliamentary sovereignty, legislation is traditionally regarded as taking precedence over any other form or kind of
Most recent Practice notes
This Practice Note reviews the appointment and removal of the arbitral tribunal in proceedings brought under the Vienna International Arbitral Centre ( VIAC) Arbitration Rules 2021 (the Vienna Rules). The Vienna Rules 2021 took effect on 1 July 2021 and apply to all cases commenced on or after that date. If your arbitration is proceeding under the Vienna Rules 2018, which came into force on 1 January 2018, you should consult the earlier version. The provisions on appointing and removing arbitrators are largely aligned with those of other leading arbitral institutions and with domestic arbitration laws... The arbitrators Subject to any further qualification requirements agreed by the parties, any natural person with full legal capacity may act as an arbitrator under the Vienna Rules ( Vienna Rules, art 16(1)), a position that essentially mirrors section 586 of the Austrian Code of Civil...
This Practice Note explores specific aspects of arbitrations brought under the Vienna International Arbitral Centre ( VIAC) Arbitration Rules 2021 (the Vienna Rules), such as joinder and consolidation. The 2021 Vienna Rules entered into force on 1 July 2021 and govern any cases commenced on or after that day. Where your arbitration proceeds under the Vienna Rules 2018, which took effect on 1 January 2018, ensure you consult the earlier version of the rules. Joinder of third parties Vienna Rules, art 14 regulates the joinder of third parties to arbitrations under the Vienna Rules. In short, whether a third party is joined will be determined by the arbitral tribunal after it receives a Request for Joinder from a party or a third party, having (1) heard all parties to the arbitration and (2) considered all relevant circumstances ( Vienna Rules, art 14(1)). A request to join a...
What is a vexatious litigant? A vexatious litigant, as determined by the High Court, is an individual who exploits the right to a fair hearing and the entitlement to commence proceedings to assert or defend their rights, whether by issuing groundless claims or by utilising the court’s processes in such a manner that their ability to keep using the court must be placed under the court’s ongoing supervision. In AG v Barker, the court characterised a vexatious litigant and noted: ‘ Vexatious is a familiar term in legal parlance’......
This practical guidance relates to the Procurement Act 2023 regime As of 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are operative. Competitions started on or after that date must proceed under PA 2023, while those launched under the prior instruments—the Public Contracts Regulations 2015 ( PCR 2015), SI 2015/102, the Utilities Contracts Regulations 2016, SI 2016/274, the Concession Contracts Regulations 2016, SI 2016/273, and the Defence and Security Public Contracts Regulations 2011, SI 2011/1848—must continue to be conducted and administered in accordance with that framework. This guidance concerns vertical and horizontal public procurement under PA 2023. For further background, see Practice Notes: Introduction to the Procurement Act 2023— PA 2023 and Procurement Act 2023 transitional and saving arrangements— PA 2023. For practical guidance on vertical arrangements (previously referred to as ‘ Teckal’ or ‘in-house’...
Purpose The verification exercise primarily serves to shield directors accountable for the contents of the offer documentation, by setting out the steps taken to verify the truth and accuracy of the information contained in the relevant document. In most cases, the process concludes with a written record—termed the verification notes—substantiating the statements included within the offer documentation. Who does what? In a recommended offer where the offeree board circular forms part of the offer document, the offeror's lawyers usually co-ordinate the verification, with the offeree's lawyers providing input on those sections for which the offeree directors take responsibility. Where a separate offeree board circular is produced, the offeree's lawyers will co-ordinate verification of that document. The lawyers work closely with their clients throughout, and directors often delegate duties to a committee. This delegation does not, however, remove the directors' ultimate...
NOTE—to check whether notification thresholds in Venezuela and globally are met, please refer to: Where to Notify. 1. Have there been any recent developments regarding the Venezuelan merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Venezuela? A new Antitrust Decree- Law ( ADL) took effect in November 2014, superseding the Promotion and Protection of Competition Act of 1992. While the ADL diverges from the former statute in its breadth of application, it makes no major alterations to the merger control framework. Additional merger-related rules can apply depending on the economic sector in which the businesses operate—for instance, the Telecommunications Organic Act, the Banking Act, the Capital Markets Act, and the Organic Law of the National Financial System. Where such sectoral frameworks apply, the respective regulatory processes must be followed before the...
This Practice Note addresses the VAT treatment of partnerships, joint ventures and other vehicles in the context of property development and investment. It considers: companies, general partnerships, limited partnerships, limited liability partnerships ( LLPs), real estate investment trusts ( REITs), co-owners and joint ventures which entity must be VAT registered which entity should opt to tax the treatment of dealings between the parties contributions and distributions dealings with third parties Why does this matter? It is often not obvious how collaborative arrangements should be treated for VAT purposes, or who ought to charge VAT to whom. In some situations the position is genuinely uncertain, and the VAT supplies may fail to mirror commercial reality. It is therefore vital that contracts address the position...
This Practice Note sets out the particular rules governing VAT on costs that fall to be the subject of either summary or detailed assessment before the High Court. The applicable provisions are contained in CPR PD 44. Entitlement to This is addressed at CPR PD 44, para 2.3 through to CPR PD 44, para 2.6. The party seeking recovery of costs bears responsibility for ensuring that VAT is claimed only if, and only to the extent that, it cannot recover from HMRC the VAT it has incurred ( CPR PD 44, para 2.4). if the VAT is recoverable from HMRC, it should not be included in a claim for costs if only a proportion of the VAT is recoverable from HMRC, include only that proportion which is not recoverable from HMRC in the claim for costs The legal adviser’s VAT registration number must appear in a...
ARCHIVED: Due to the reforms envisaged by The Windsor Framework, the details of which were announced by the UK government on 27 February 2023, this Practice Note has been archived and is not maintained. The information in this Practice Note was correct as at 1 January 2021. For further details on The Windsor Framework and how it affects VAT in Northern Ireland, see: The Windsor Framework. This Practice Note addresses VAT on purchases of goods by VAT-registered businesses in Northern Ireland from EU businesses from 1 January 2021, and how the rules applied to all VAT-registered businesses in the UK on or before 31 December 2020. Where goods are dispatched from one Member State and received in another, there is an EU cross-border movement of goods. In this context, the supplier makes a dispatch and the customer recognises an acquisition. VAT is not charged in the...
VAT issues that arise in residential developments This Practice Note examines VAT matters encountered in residential development projects. It addresses, among other points, the following areas: different and varying forms of development the potential consequences of granting short-term leases relevant planning obligations and local infrastructure various incentives available to buyers disposals of surplus land and incomplete developments, matters arising from subsequent grants of overriding leases and sales of reversions For VAT considerations in commercial schemes, see the separate Practice Note: Commercial development— VAT issues. This Practice Note also includes references to case law from the EU Court of Justice. For further guidance on whether rulings of the Court of Justice bind the UK courts, see Practice Note: Assimilated law— Assimilated case law. For commentary on assimilated law (previously retained EU law) and tax more broadly, including the bespoke approach now applied in VAT law, see...
ARCHIVED: Following the changes proposed under The Windsor Framework, the details of which the UK government publicly set out on 27 February 2023, this Practice Note has been formally archived and is no longer updated. The material within this Practice Note remains correct as at 1 January 2021. For additional detail on The Windsor Framework and what it means for VAT in Northern Ireland, see: The Windsor Framework. This Practice Note addresses VAT in relation to the movement of goods between Northern Ireland ( NI) and the EU from 1 January 2021 (and how it applied to all VAT-registered businesses in the UK on or before 31 December 2020). Distance selling arises where a VAT-registered EU supplier sells and ships goods to a customer in another EU country who is not registered for VAT. The customer might be a private person, or an...
This Practice Note explains how the Transfer of Undertakings ( Protection of Employment) Regulations 2006 ( TUPE 2006), SI 2006/246, influence an employer’s scope to amend contractual terms and conditions of employment. TUPE—the pre- January 2014 position [ Archived]— Variation of contract terms For details of the position in cases where: the relevant transfer under TUPE 2006 occurred before 31 January 2014; or the purported variation was agreed before 31 January 2014 (or, if not agreed, it began to take effect prior to that date) This Practice Note includes references to case law of the Court of Justice of the European Union ( CJEU). For guidance on whether CJEU judgments are binding on UK courts, see Practice Note: Assimilated law— Assimilated case law. EU-derived legislation—such as much of TUPE 2006—enacted to fulfil UK obligations under EU law (for example,...
THIS PRACTICE NOTE APPLIES TO SCHEMES THAT WERE CONTRACTED- OUT SALARY- RELATED ( COSR) SCHEMES BEFORE 6 APRIL 2016 To contract out on a salary-related basis (often called DB contracting-out), a sponsoring employer was required to hold a contracting-out certificate for the relevant scheme in respect of that scheme. For multi-employer arrangements, in defined circumstances a certificate could be issued to the holding company, accompanied by a schedule specifying which subsidiaries the certificate covered and, where relevant, applied to. This was termed a holding company contracting-out certificate under those circumstances. For further details and background, see Obtaining a DB contracting-out certificate before 6 April 2016 [ Archived]— Types of contracting-out certificates. Over time, it could have been necessary to alter a contracting-out certificate, for example: to update the particulars of an employer named on the certificate or the scheme’s title to revise the categories of...
Only individuals or firms with authorisation may conduct regulated activities in the UK, and must operate strictly within the scope of their permission. Where they wish to change the way they perform those regulated activities, they will generally need to apply for a variation of that permission. This Practice Note outlines how firms can apply to the Prudential Regulation Authority ( PRA) to vary their Part 4A permission. For guidance where firms cease conducting their activities altogether, see Practice Note: Prudential Regulation Authority—cancelling permission and requirements. Permission and requirements Under the previous Financial Services Authority ( FSA) regime, a Part IV permission could include any requirement the FSA considered appropriate. That is no longer the case. The PRA’s powers relating to permission are distinct from its powers concerning requirements (namely, to impose or vary a requirement), and these powers are treated separately under the current...
ARCHIVED : This Practice Note is archived and no longer updated. It illustrates the CPR 36 provisions on varying Part 36 offers following the April 2015 re‑writing of CPR 36. It forms part of a series of Practice Notes prepared for the joint Lexis Nexis and St Philips Commercial series of seminars on the revisions to Part 36, held in Leeds, Birmingham and London in January 2015. To access all the materials and the recorded version of the April 2015 London Part 36 event, please visit our Lexis Nexis Dispute Resolution blog and sign‑up. For other Practice Notes in this series on the revised CPR 36, see our related content links on the right hand side. What happens when a Part 36 offer is altered to render it more advantageous to the offeree? Under CPR 36.9(5), where a Part 36 offer is made more...
Practice Note This Practice Note outlines which financial orders the court may, and may not, alter. It further explains the court’s powers under section 31 of the Matrimonial Causes Act 1973 ( MCA 1973) and the parallel provisions in the Civil Partnership Act 2004 ( CPA 2004). It identifies which variation applications can follow the fast-track (shortened) route under the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, and highlights pertinent case law, as well as the means by which parties can vary an order by consent. Pursuant to MCA 1973, s 31, and the corresponding CPA 2004 provisions, the court may vary or discharge specified orders for financial relief—see: Orders that can be varied and Orders that cannot be varied. On occasion, the court may instead suspend an order, or reinstate a suspended term. This Practice Note describes the...
Variation of trusts As a general principle, trustees must give effect to the settlor’s intentions as expressed in the trust instrument. Nonetheless, situations can develop in which an alteration is advisable, for example in the interests of efficient administration. Where that occurs, the trustees will initially assess whether a change can be achieved without recourse to the court. Express powers The trust deed may have been composed to grant the trustees authority broader than that contemplated by the general law. Contemporary trust documents are typically designed to vest the trustees with considerable discretionary powers and flexibility. Acting under express powers contained in the deed does not amount to departing from the trust terms, since those powers are themselves part of the trust’s provisions. Powers of appointment A power of appointment is an authority vested by one person in another to decide how the property is to be held. There are...
FORTHCOMING CHANGE : The Trusts and Succession ( Scotland) Act 2024 obtained Royal Assent on 30 January 2024, representing the first comprehensive re-examination of Scottish trust law in more than a century, since the cornerstone Trusts ( Scotland) Act 1921 was enacted. As regards trusts, a substantial proportion of its provisions will only operate once Scottish Ministers make further secondary legislation to commence them. By contrast, most succession provisions took effect on 30 April 2024, with a handful of minor trust-related points commencing on 26 June 2024. See News Analysis: Trusts and Succession ( Scotland) Bill passed. Practice Notes dealing with Scottish trusts and succession will be updated further to reflect, and align with, this new legislation. At common law, once a trust has taken effect, the scope to vary its terms or purposes is very narrowly confined. Where an inter vivos trust is...
For guidance on what deferred prosecution agreements ( DPAs) are and how they work, see Practice Note: Deferred prosecution agreements, which explains their operation. In what circumstances can a DPA be varied? The statutory power to amend a DPA sits squarely in paragraph 10 of Schedule 17 to the Crime and Courts Act 2013 ( CCA 2013) itself. A DPA may require alteration in two situations: where the court invites the parties to vary the DPA under CCA 2013, Sch 17 Pt 1, para 9(3)(a), namely where the organisation has breached the agreement and the court wants the parties to put forward proposals to cure the organisation’s non-compliance, by agreement between the parties as invited by the court, accordingly (see Practice Notes: Financial penalties as a term of a DPA— Late payment and breach of a DPA and Breach of a DPA) where a...
Fixed or variable orders The court can stipulate fixed adjustments to take place at set future dates without the need for a further order. It can also allow for changes to the level of payments to be revisited on a subsequent application. Only the second category is termed a variable order; with the first, it is the payments that alter, not the order itself. NOTE: The Explanatory Notes to the Ogden tables give an illustration of when fixed adjustments may be suitable, for example where assumed future wage growth should be taken into account, or where residual earning capacity is expected to shift. Nothing alters that is directly pertinent to the variable order. A variable order may be granted when, at judgment, it is shown that the claimant might later suffer an additional serious illness or marked deterioration (for instance epilepsy or a syrinx)...
Popular documents
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 ]...
Discover more from LexisNexis
