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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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Statutory framework Section 8 of the Financial Services Act 2012 ( FSA 2012) inserted section 22A into the Financial Services and Markets Act 2000 ( FSMA 2000). That provision enables HM Treasury, by order, to specify which regulated activities are treated as Prudential Regulation Authority ( PRA)-regulated activities. In March 2013 HM Treasury made the Financial Services and Markets Act 2000 ( PRA-regulated Activities) Order 2013 ( PRA RAO 2013), SI 2013/556. The Order confers on the PRA power to designate investment firms authorised to deal in investments as principal, so they fall within the scope of prudential supervision by the PRA. Statement of policy The Statement of Policy— Designation of investment firms for prudential supervision by the Prudential Regulation Authority explains how the PRA intends to approach the designation of investment firms, and the relevant matters the PRA will consider when...
This document sets out trackers and timelines capturing major developments and regulatory regimes affecting financial services firms in the UK, the EU and internationally. It covers (i) priority areas such as Brexit, sustainable finance and ESG, sanctions and the Consumer Duty, (ii) the principal EU financial services Directives and Regulations—tracking proposals, legislative progress, implementation and the corresponding UK regimes—and includes a horizon scanner with comprehensive, topic‑organised lists of upcoming developments presented in chronological order. UK and EU Financial Services regulation—timelines Alternative Investment Fund Managers Directive ( AIFMD)—timeline [ Archived]—this timeline sets out the key milestones for the Alternative Investment Fund Managers Directive 2011/61/ EU. AIFMD was introduced to establish a secure EU framework for the oversight and supervision of alternative investment funds, including hedge funds, private equity, venture capital funds, real estate funds and investment trusts. It was published in the Official Journal of the EU on 1...
The Youth Mobility Scheme The Youth Mobility Scheme is a temporary route that lets non‑ British and non‑ Irish nationals aged under 31 from listed countries or territories, or holders of certain forms of British nationality, live and work in the UK for two years. From 29 June 2023, the upper age ceiling for New Zealanders moved to 35 or under, following the UK– New Zealand trade deal. On the same date, New Zealand citizens also gained the option to extend their stay in the UK by a further year. From 31 January 2024, the 35 age cap was likewise applied to nationals of Australia, Canada and the Republic of Korea ( South Korea), with Australians and Canadians also able to extend for an extra year. The UK operates reciprocal arrangements with participating states, and the list is updated on a regular basis from time to time...
ARCHIVED : This Practice Note is archived and is no longer maintained. From 1 April 2017, the worldwide debt cap rules were repealed and superseded by the corporate interest restriction ( CIR) rules. Accordingly, the worldwide debt cap described here should be treated as relevant only for periods before 1 April 2017, being the date the CIR took effect. For any period straddling that date, the debt cap should be applied to a notional period ending on 31 March 2017. For more on the CIR, which replaces and repeals the debt cap, see Practice Note: Corporate interest restriction. Relief for finance costs of UK-resident companies that are members of large groups may be restricted (ie disallowed) where, broadly, the group’s UK-based net debt exceeds 75% of the group’s gross debt (the gateway test). The debt cap applies to periods of account beginning on or after 1...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note is archived and is no longer maintained. With effect from 1 April 2017, the worldwide debt cap regime was repealed and replaced by the corporate interest restriction ( CIR). Consequently, the rules summarised in this Practice Note should therefore be treated as applying only to periods before 1 April 2017, which is when the CIR came into force. Where a period of account straddles that change, the former debt cap must accordingly be applied to a notional period ending on 31 March 2017. For further details on the CIR, which abolishes and substitutes the debt cap provisions, see Practice Note: Corporate interest restriction. In broad outline and terms, tax relief for the financing expenses of UK-resident companies within large groups may generally be limited (ie...
FORTHCOMING CHANGE : The Pensions Regulator ( TPR) has opened a consultation on a new enforcement strategy, signalling a move to a more proactive and prudential style of regulation. The draft strategy sets out a framework centred on four principal outcomes: prevention, reparation, accountability, and saver confidence, and is underpinned by five strategic objectives that include targeting the most significant risks to savers, taking decisive action against non-compliance and economic crime, harnessing data to enable smarter enforcement, collaborating across the sector for greater impact, and improving transparency to strengthen trust and raise standards of conduct. The proposals are designed to sharpen TPR’s response to both emerging risks and breaches within the pensions sector through a more agile, collaborative approach. Consultation closes on 11 November 2025. TPR plans to issue the final strategy and its consultation response in early 2026. Later in 2026, TPR will also...
This archived toolkit sets out the key matters around pensions auto-enrolment and draws attention to the practical measures employers needed to take to meet their auto-enrolment responsibilities for employees in the UK. The Pensions Regulator also issued useful guidance to help employers get ready for auto-enrolment. Overview The auto-enrolment legislation took effect on 1 October 2012 and creates a legal duty on employers to enrol their workers automatically into a pension scheme that meets at least the minimum standards, unless workers opt out. Employers that fail to follow the auto-enrolment rules risk fines of up to £50,000 and, for wilful and persistent breaches, imprisonment for up to two years. Checklist—preparing for auto-enrolment Employers would have needed to complete the following preparatory actions for auto-enrolment: Speak to their benefits adviser (if they have one) or consider appointing a new adviser to support them in meeting their...
STOP PRESS: The Data ( Use and Access) Act 2025 ( Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82, bring into effect the remaining provisions of the Data ( Use and Access) Act 2025 ( DUAA 2025). Provisions concerning subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement apply from 5 February 2026, while those covering penalty notices and complaints take effect from 19 June 2026. For further information, see Practice Note: Data ( Use and Access) Act 2025—employment implications. This Practice Note will be updated shortly to reflect these changes. This material currently considers Assimilated Regulation ( EU) 2016/679, the UK General Data Protection Regulation ( UK GDPR) and the Data Protection Act 2018 ( DPA 2018), and, unless expressly stated otherwise, legislative links are to Assimilated Regulation ( EU) 2016/679 and the UK GDPR. For a more...
ARCHIVED : This Practice Note is not being updated, as it addressed how EU free movement rules operated in the UK before IP completion day; on that date, UK legislation giving effect to EU free movement was revoked, albeit with specific savings and modifications. For more information, including the applicable savings and the status of CJEU case law, consult Practice Note: Brexit and the end of EU free movement law in the UK. This note remains available in archived form for historical reference, as the former UK implementation of EU law remains relevant in certain limited situations. For earlier iterations of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052—including the version in force just before revocation—see Legislation.gov.uk. To track ongoing developments in EU free movement across Member States, see: Immigration, employment & share incentives ( EU...
STOP PRESS: This Practice Note is being revised to reflect amendments to the Sponsor Guidance that took effect on 6 March 2026. See News Analysis: Comprehensive list of the Home Office’s Sponsor Guidance updates dated 6 March 2026......
FORTHCOMING CHANGE relating to from 6 April 2026 and from 6 April 2027 : Finance Bill 2026 ( FB 2026) introduces an amendment to ITA 2007, s 874, substituting the wording ‘the basic rate’ with ‘the savings basic rate’. Consequently, from 6 April 2026, payers of UK source yearly interest will be obliged to deduct a sum equal to income tax charged at the savings basic rate from those payments. For the 2026–27 tax year, the savings basic rate stands at 20%. Under FB 2026, this rate is set to rise to 22% with effect from 6 April 2027. As a result, from 6 April 2027, the income tax to be deducted from a UK source yearly interest payment will be calculated at 22%. In short, the deduction applicable to UK source yearly interest will be 20% for 2026–27, increasing to 22% for...
Mobile networks This Practice Note delivers a concise, quick-reference overview of the wireless telecoms sector for commercial lawyers. Mobile electronic communications networks are commonly called cellular networks because they consist of a mosaic of cells, arranged to let the network exploit its allocated frequency spectrum with maximum efficiency. A cell is the coverage area served by a base station ( BS), and neighbouring cells operate on different frequencies to reduce channel interference. In rural locations, cells span wider areas than in dense urban settings, where additional capacity is needed. GSM networks Global System for Mobile communications ( GSM—so named as a backronym, the original title being Groupe Spécial Mobile) is the most widespread network standard. GSM is regarded as 2G (second generation, with the first generation being analogue mobile networks). 2G has evolved from the platform first rolled out in 1991, through the arrival of the packet data...
CASE HUB ARCHIVED – this archived case hub sets out the position as at the decision dated 31 May 2012; it is no longer being maintained. See the timeline. Case facts Outline of a UK merger investigation into the completed acquisition of Cambridge Water Plc by South Staffordshire Plc. Latest developments On 31 May 2012, the CC granted unconditional clearance to the merger. Parties South Staffordshire Plc ( SS): supplies drinking water from the edge of Ashborne in the north to Halesowen in the south, and from Burton on Trent in the east across to Kinver in the west. Cambridge Water Plc ( CAM): provides drinking water to the City of Cambridge. Background The parties serve a wide customer base that includes a range of caterers, retailers such as convenience stores, and other businesses and traders. Their largest national competitors are Bestway and Costco......
Ambitions to cut the volume of waste sent to landfill, alongside technological progress, have prompted a new generation of waste infrastructure across the UK. Typically, there are two principal contracting models for such schemes: waste Private Finance Initiative ( PFI) and Public- Private Partnership ( PPP) infrastructure contracts; and merchant waste infrastructure contracts This Practice Note centres on waste PFI/ PPP infrastructure contracts. For background on waste projects, including common project types, see: Waste projects—overview. Waste PFI/ PPP projects Waste PFI/ PPP projects are long-term agreements between public sector bodies and a private sector provider, under which the public sector outsources its waste management services and waste to an operator that agrees to take some (or all) of that body’s waste. The private partner generally designs, builds, finances, maintains and operates the waste infrastructure assets and related services, and typically bears the...
The Waste Batteries and Accumulators Regulations 2009 ( WBAR 2009) In force from 5 May 2009, these rules cover every battery, whatever its form, volume, weight or purpose, whether or not fitted within an appliance. They do not extend to batteries used in equipment safeguarding essential security interests, or to those in equipment intended for launch into space. For EU rules on batteries, see Practice Note: EU Batteries Directive—snapshot [ Archived]. WBAR 2009 applies to: industrial batteries automotive batteries portable batteries, such as AA and AAA batteries, and those powering laptop computers or mobile phones Compliance rests on producer responsibility. Producers must limit the environmental harm of waste batteries by improving the design of new batteries and by funding the separate collection, treatment, recycling and disposal of waste batteries. Where a producer is a member of a battery compliance scheme, the scheme meets these costs. For details of the...
Warranty and Indemnity ( W& I) insurance in private M& A transactions—guide to the key documents With the marked increase in the uptake of Warranty and Indemnity ( W& I) insurance in private M& A deals, solicitors are ever more involved in specifying and negotiating W& I policy terms. Although each policy is shaped to the particular demands of a given transaction, the underlying approach tends to be comparable across matters. Against that backdrop, this Practice Note sets out guidance for legal practitioners on procuring and negotiating W& I insurance (the Placing Process), with emphasis on the paperwork exchanged between W& I brokers and insurers, which must be signed by the insured before the W& I policy incepts. W& I insurance documents Confidentiality undertakings and non-reliance letters The following are standard requirements: Execution of a confidentiality undertaking or non-disclosure agreement ( NDA). The W& I...
This Practice Note explores particular matters within Ofcom’s regulatory framework concerning voice over internet protocol ( Vo IP) technology, offering pragmatic guidance on addressing shifts in this field. Vo IP now underpins widespread carriage of voice calls online. More and more, both individuals and businesses adopt it as a lower-cost substitute for traditional public switched telephone network ( PSTN) services. The regulatory position In an early communication on the topic, Ofcom, the UK telecommunications regulator, identified three aims it regarded as central when shaping policy for Vo IP services: fostering innovation in a technology-neutral manner ensuring consumers are well informed maximising the availability of access to emergency services Providers of communications services (including Vo IP providers) must comply with Ofcom’s General Conditions of Entitlement ( GCs). The GCs are updated from time to time; however, they underwent a major review and...
This Practice Note outlines the principal UK competition law considerations that arise in distribution and reseller arrangements. It is designed chiefly for commercial and IT practitioners who are conducting their own competition assessment—particularly in‑house counsel without immediate access to specialists—while also serving as a handy reference for competition lawyers delivering comprehensive advice to clients. It covers: a concise summary of the UK regime for vertical agreements; core points to consider in an initial review of a distribution/reseller contract; specific risk areas, with drafting pointers to steer clear of traps. The emphasis is on securing compliance with the UK vertical agreements block exemption—the Competition Act 1998 ( Vertical Agreements Block Exemption) Order 2022 ( VABEO). Overview of the law Chapter I prohibition Distribution and reseller deals fall within section 2 of the Competition Act 1998 ( CA 1998), which bans agreements between...
Exports for VAT purposes From 1 January 2021, for VAT purposes, an export refers to a supply of goods dispatched from Great Britain ( GB) to any destination outside the UK, or from Northern Ireland ( NI) to a non- EU country outside the UK. There are two categories of exports: direct and indirect. For VAT purposes, a direct export takes place where the goods are removed under the control of, or on behalf of, the supplier; by contrast, an indirect export is where removal occurs under the control of, or on behalf of, someone other than the supplier, most commonly by the overseas customer. Do please note that the customs definitions differ: a direct export is when goods leave the EU without travelling through another Member State, whereas an indirect export is when goods depart the EU via another Member State. This...
This Practice Note addresses VAT zero-rating available to developers who sell or let residential buildings, other than dwellings, that they have built. Such properties are classed as buildings for a ‘relevant residential purpose’ ( RRP). For guidance on the zero-rating of dwellings, see Practice Note: Zero-rated sales and leases—person constructing a dwelling. Why does zero-rating matter? If zero-rating is not in point, the supply will ordinarily be exempt, meaning the developer is unable to reclaim VAT (ie input tax) on expenditure, including construction costs, professional fees and potentially the purchase of the site. For further detail, see Practice Note: When can a person recover VAT? There is also a zero-rating for constructing an RRP building, but only where the works are commissioned by the ultimate user, for example the operator of a care home. The zero-rating considered in this Practice Note is an...
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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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