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 Resource Note summarises the key provisions of Rule 23 of the City Code on Takeovers and Mergers (the Code), which governs the overarching duties of the offeror and the offeree board regarding documents, announcements and other information issued, published or otherwise made available during an offer. It signposts pertinent materials, commentary and guidance from the Panel on Takeovers and Mergers (the Panel), alongside Lexis+® UK analysis and resources, to offer practical assistance on the interpretation and application of Rule 23... Materials included in this Resource Note comprise: Practice Statements issued by the Panel Executive (the body responsible for the day-to-day supervision and regulation of takeovers) ( Executive), giving informal guidance on how the Executive typically interprets and applies the Code Panel Statements ( P/ S) and Panel Instruments Public Consultation Papers ( PCP) and Response Statements ( RS)...
This Resource Note summarises the principal provisions of Rule 22 of the City Code on Takeovers and Mergers (the Code), which concerns the obligations of the offeree and offeror in relation to registration procedures and persons with interests in securities of 1% or more. It signposts pertinent materials, commentary and guidance from the Panel on Takeovers and Mergers (the Panel), alongside Lexis+® UK analysis and resources, to provide practical assistance on the interpretation and application of Rule 22. Materials covered in this Resource Note include: Practice Statements from the Panel Executive (the body responsible for the day-to-day supervision and regulation of takeovers) ( Executive), offering informal guidance on how the Executive typically interprets and applies the Code. Panel Statements issued by the Panel ( P/ S) and Panel Instruments. Public Consultation Papers ( PCP) and Response Statements ( RS) issued by the Code...
This Resource Note summarises the core provisions of Rule 14 of the City Code on Takeovers and Mergers ( Code) and signposts pertinent materials, commentary and guidance from the Panel on Takeovers and Mergers ( Panel), together with Lexis+® UK analysis and resources, to provide practical assistance on interpreting and applying Rule 14. Materials addressed in this Resource Note comprise: detailed notes accompanying the Code ( Notes), which elaborate on the intended implementation of the Rules and relevant Appendices dealing with specific issues Practice Statements issued by the Panel Executive (the body that undertakes the day-to-day supervision of takeovers and regulation of the Code) ( Executive), offering informal guidance on how the Executive typically interprets and applies the Code Panel Statements ( P/ S) and Panel Instruments Public Consultation Papers ( PCP) and Response Statements ( RS) published by the Code...
This Resource Note This Resource Note summarises the principal provisions of Rule 11 of the City Code on Takeovers and Mergers (the Code) and flags key materials, commentary and guidance from the Panel on Takeovers and Mergers (the Panel), together with Lexis+® UK analysis and resources, to provide practical guidance on interpreting and applying Rule 11. Materials covered in this Resource Note include: the Code’s Detailed Notes ( Notes), which explain the intended operation of the Rules, plus relevant Appendices addressing specific matters Practice Statements issued by the Panel Executive (the body responsible for day-to-day takeover supervision and regulation) providing informal guidance on the Executive’s usual interpretation and application of the Code Panel Statements ( P/ S) and Panel Instruments published by the Panel Public Consultation Papers ( PCP) and Response Statements ( RS) from the Code Committee relevant Lexis+® UK...
This archived Practice Note examines the offer timetable for firm offers made before 5 July 2021. It has not been updated since the Takeover Code was revised in July 2021. For sample offer timetables, see the following: Timetable—recommended offer—before 5 July 2021 Timetable—recommended offer Timetable—hostile offer—before 5 July 2021 Timetable—hostile offer For a comparative timetable differentiating between takeovers implemented by a takeover offer and those implemented by a scheme of arrangement, see Structuring a takeover: offers and schemes of arrangement—comparative timetables. For information on the offer timetable for firm offers announced on or after 5 July 2021, see Practice Note: The offer timetable. Changes to the offer timetable On 31 March 2021, the Takeover Panel ( Panel) published a response statement confirming it would proceed with amendments to the Code concerning the treatment of offer conditions and the offer timetable. The amended Code applies to all firm offers announced on or after 5 July...
The rules of the City Code on Takeovers and Mergers ( Code) regarding the provision of information during an offer These rules play a pivotal part in the orderly conduct of the takeover process, notably by: Safeguarding the orderly functioning of the securities markets Guaranteeing offeree shareholders are treated alike and given ample time and disclosure to make a fully informed decision At the heart of the Code’s framework for disclosures during an offer sits Rule 19, which sets expectations on diligence, accuracy and accountability for any published information. Rule 20 mandates equal access for all offeree shareholders and persons with information rights, while Rule 23 emphasises that disclosures must be adequate and timely so recipients can form a properly informed view of the offer’s merits (or demerits). Rule 30 governs the procedures and mechanics for issuing information, including the methods and timing for...
This Resource Note summarises the key provisions of Appendix 5 to The City Code on Takeovers and Mergers (the Code), addressing tender offers. It signposts pertinent materials, commentary and guidance from the Panel on Takeovers and Mergers (the Panel), together with Lexis+® UK analysis and resources, to offer practical assistance on interpreting and applying Appendix 5. Materials referenced in this Resource Note comprise: Practice Statements issued by the Panel Executive—the body responsible for the day‑to‑day oversight and regulation of takeovers ( Executive)—providing informal insight into the Executive’s usual approach to construing and operating the Code Panel Statements ( P/ S) released by the Panel, and Panel Instruments Public Consultation Papers ( PCP) and Response Statements ( RS) issued by the Code Committee Annual Reports of the Panel discussing broad matters ( Annual Reports) relevant Lexis+® UK...
Purpose SYSC 12, contained in the Senior Management Arrangements, Systems and Controls sourcebook ( SYSC) of the Financial Conduct Authority ( FCA) Handbook, clarifies how systems and controls obligations apply where a firm belongs to a group, requiring it, as appropriate, to consider the potential impact of risks arising elsewhere in the group as well as from its own operations and activities. Dual-regulated firms should also be mindful of parallel provisions in the following Parts of the Prudential Regulation Authority ( PRA) Rulebook, operating alongside the SYSC 12 framework: Group Risk Systems (applicable to CRR firms), and Conditions Governing Business—3 Risk Management (as applied by Group Supervision—17 Risk Management and Internal Control) (applicable to UK Solvency II firms) In this Practice Note, links to the rules in SYSC 12 are accompanied by links to the corresponding provisions set out in the PRA...
Appeals before 2 December 2024 This Practice Note governs appeals to the Supreme Court in which either an application for permission to appeal, or a notice of appeal, was lodged on or after 2 December 2024, being the date on which the SCR formally came into force ( SCR 1). The SCR 2009 (described in this Practice Note as the ‘old SCR’) are revoked on that day ( SCR 62(2)). However, the old SCR will continue to apply to the following matters: appeals already underway before 2 December 2024 rule 11 permission applications under the old SCR (filing of application for permission to appeal) lodged before 2 December 2024, and rule 19 notices of appeal under the old SCR (filing of notice where permission not required) lodged before 2 December 2024 ( SCR...
ARCHIVED: This Practice Note is archived and is no longer maintained. Except where an appeal notice was filed, or permission to appeal obtained, before 1 October 2012, this note is kept for historical reference only. For guidance on the current provisions, see Appeals to the UK Supreme Court—overview, Supreme Court—starting and managing the appeal and Supreme Court—appeal hearing. The rules and practice directions mentioned here will link to the provisions currently in force, not those that applied before 1 October 2012. For the pre- October 2012 position, please refer to the attached pdf documents: CPR 52 (old) CPR PD 52 (old) Where permission has been granted by the Supreme Court When the Supreme Court has granted permission to appeal, the permission application serves as the notice of appeal, and the grounds are confined to those for which permission was given. The appellant then has 14 days from the grant of...
This Practice Note sets out guidance on using the Supreme Court portal and on filing and serving documents for appeals lodged on or after 2 December 2024. Appeals before 2 December 2024 It applies to Supreme Court appeals where an application for permission to appeal or a notice of appeal was submitted on or after 2 December 2024, the date on which the SCR took effect ( SCR 1). The Supreme Court Rules 2009 (described here as the ‘old SCR’) are revoked on that date ( SCR 62(2)). Nonetheless, the old SCR still govern: appeals already on foot before 2 December 2024 applications for permission to appeal under rule 11 of the old SCR (filing of application for permission to appeal) filed before 2 December 2024 notices of appeal under rule 19 of the old SCR (filing of notice where...
ARCHIVED: This Practice Note has been archived and is not maintained This note is retained only for reference. Except where a notice of appeal was lodged, or permission to appeal granted, before 1 October 2012, it serves purely historic purposes. For up-to-date guidance, consult the Practice Notes: Supreme Court—general provisions and considerations, and Supreme Court—permission to appeal. Any rules and practice directions mentioned here connect to the provisions currently in force, not those predating 1 October 2012. For the pre- October 2012 regime, see the attached PDFs: CPR 52 (old) CPR PD 52 (old) The Supreme Court of the United Kingdom was created by Part 3 of the Constitutional Reform Act 2005, taking on the judicial role formerly exercised by the House of Lords. The Supreme Court Rules ( SCR) govern civil and criminal appeals to the Court and references under its...
ARCHIVED – this case hub captures the position as at the judgment of 17 June 2020; it is no longer being maintained. For additional detail, see the timeline, commentary and related cases. Case facts Outline Appeal to the Supreme Court by Mastercard and Visa against the Court of Appeal’s ruling of 4 July 2018 on the legality of Mastercard and Visa’s multilateral interchange fees ( MIFs). Latest developments On 17 June 2020, the Supreme Court delivered its judgment, dismissing three of the four grounds of appeal. It determined, among other matters, that the Court of Appeal was correct to find that multilateral interchange fees infringe Article 101 TFEU. Parties Appellants: Mastercard Incorporated, Mastercard Incorporated International, Mastercard Europe and Mastercard/ Europay UK Limited (together Mastercard Respondents: Sainsbury’s Supermarkets Asda Stores Argos Limted and Others WM Morrisons Supermarkets PLC Cross- Appellants: Asda Stores Limited Argos Limited and...
CASE HUB ARCHIVED — this archived case hub reflects the position at the date of the judgment of 1 November 2020; it is no longer maintained. See further, timeline and related cases. Case facts An appeal was made to the Supreme Court by Servier Laboratories Ltd and others, contesting the Court of Appeal’s ruling of 27 June 2019. That decision held that certain factual findings in the General Court’s judgment in Case C-691/14 Servier and Others v Commission are not binding on national courts, in the context of a stand‑alone damages action arising from the European Commission’s decision of 9 July 2014. The Commission had found Servier’s ‘pay for delay’ settlement agreements with generic companies concerning perindopril to be anti‑competitive ( AT.39612). Latest developments On 6 November 2020, the Supreme Court delivered its judgment, unanimously dismissing the appeal. It determined that the General Court findings relied upon by...
Appeals on or after 2 December 2024 This Practice Note applies to Supreme Court appeals where an application for permission to appeal, or a notice of appeal, was lodged on or after 2 December 2024, the date the Supreme Court Rules ( SCR) took effect ( SCR 1). Appeals before 2 December 2024 The SCR 2009 (referred to in this Practice Note as the ‘old SCR’) are revoked on 2 December 2024 ( SCR 62(2)). However, the old SCR still govern: appeals that were already proceeding before 2 December 2024 applications for permission to appeal under rule 11 of the old SCR (filing of application for permission to appeal) filed before 2 December 2024 notices of appeal under rule 19 of the old SCR (filing of notice where permission not required) filed before 2 December 2024 ( SCR...
Appeals filed before 2 December 2024 This Practice Note relates solely to: appeals to the Supreme Court that were already under way before 2 December 2024, and applications seeking permission to appeal, and notices of appeal, lodged before 2 December 2024 unless the court or the Registrar directs that the Supreme Court Rules 2024 ( SCR) shall apply ( SCR 62). Appeals submitted before 2 December 2024 are governed by the Supreme Court Rules 2009 (revoked) and the Practice Directions as they stood up to that date. References in this Practice Note to those Rules and Practice Directions appear as ‘old SCR 23’ and ‘old SCR PD 2’. Copies of those Rules and Practice Directions may be found here: Appeals filed on or after 2 December 2024 Cases not falling within the categories above (or where the court or Registrar has directed that the SCR will...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the judgment of 9 April 2014; it is no longer maintained. See further, timeline, commentary and related/similar cases. Case facts Outline: the Supreme Court determined that the follow-on damages proceedings pursued by Deutsche Bahn and others against Morgan Crucible and others were time‑barred, stemming from the European Commission’s infringement decision concerning the Electrical and mechanical carbon and graphite products cartel. The Supreme Court delivered its judgment on 09/04/2014. Parties Claimants 31 claimants lodged a claim: Deutsche Bahn AG DB Netz AG DB Energie Gmb H DB Regio AG S- Bahn Berlin Gmb H S- Bahn Hamburg Gmb H DB Regio NRW Gmb H DB Kommunikationstechnik Gmb H DB Schenker Rail Deutschland AG DB Bahnbau Gruppe Gmb H DB Fahrzeuginstandhaltung Gmb H DB Fernverkehr AG DB Schenker Rail ( UK) Ltd Loadhaul Limited Mainline Freight Limited Rail Express Systems Limited DB Schenker Rail International Limited (formerly English Welsh & Scottish Railway...
This Practice Note outlines the documents required for an appeal hearing and should be read alongside: Practice Note: Supreme Court—the portal, filing and service—on or after 2 December 2024... Appeals before 2 December 2024 This Practice Note applies to Supreme Court appeals where the application for permission to appeal, or the notice of appeal, was lodged on or after 2 December 2024, the date on which the SCR came into force ( SCR 1). On that date, the SCR 2009 (called in this Practice Note the ‘old SCR’) are revoked ( SCR 62(2)). However, the old SCR continue to apply to: appeals that were already in progress before 2 December 2024 applications for permission to appeal under rule 11 of the old SCR (filing of application for permission to appeal) lodged before 2 December 2024 notices of appeal under rule 19 of the old SCR...
The Supreme Court stands as the highest court of record in the UK. It: hears appeals raising arguable points of law of general public importance across the United Kingdom in civil cases, and for England, Wales and Northern Ireland in criminal cases decides devolution and compatibility matters, namely whether devolved executive and legislative authorities have acted, or propose to act, outside their powers, or have failed to meet a duty placed upon them considers references from lower courts or the law officers on issues tied to retained European Union law For further information, see Practice Note: Supreme Court—role, structure and powers—on or after 2 December 2024. Supreme Court Rules and Practice Directions The Supreme Court Rules 2024 ( SCR) took effect on 2 December 2024. They govern civil and criminal appeals to the Supreme Court, as well as appeals and references within the Court’s devolution and...
This Practice Note should be read alongside the following Practice Notes: Supreme Court—role, structure and powers—on or after 2 December 2024 Supreme Court—permission to appeal—on or after 2 December 2024 Supreme Court—the portal, filing and service—on or after 2 December 2024 Appeals before 2 December 2024 This Practice Note relates to appeals to the Supreme Court where either an application for permission to appeal or a notice of appeal was lodged on or after 2 December 2024, the date the SCR took effect ( SCR 1). On that date, the SCR 2009 (described here as the ‘old SCR’) were revoked ( SCR 62(2)). Nevertheless, the old SCR continue to govern: appeals that were already in progress before 2 December 2024 applications for permission to appeal under rule 11 of the old SCR (filing of application for permission to appeal) lodged before 2...
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
