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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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ARCHIVED This Practice Note is no longer updated, as it concerns the application of EU free movement law in the UK before IP completion day, on which the domestic legislation giving effect to EU free movement law was revoked, subject to specified savings and modifications. For more detail, including the relevant savings and the status of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. The Practice Note has been kept in archived form for historical interest, as EU law as previously implemented in the UK continues to be pertinent in certain limited circumstances. For historical versions of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052, including the version immediately prior to revocation, see Legislation.gov.uk. For the ongoing development of EU free movement law in EU Member States, see:...
The Conventions Two Conventions set out the rules governing the liability of air carriers for loss, injury and damage suffered in the course of, or arising from, international carriage by air. The shared objective of these Conventions is to harmonise the law on such issues. Warsaw Convention The earliest of these was the Warsaw Convention, signed in 1929 and brought into effect in 1933. It was later revised at The Hague in 1955 through adoption of the Hague Protocol, and thereafter was referred to as the Warsaw Convention as amended at The Hague in 1955. From that point it was cited under the amended title. Its scope extended only to states that were signatories. Where one party had signed the Warsaw Convention and the other had adhered only to the Hague Protocol, there was no common foundation for international...
Background As the prudential regulator for insurers, banks, and certain investment firms that could pose significant risks to the stability of the financial system, the Prudential Regulatory Authority ( PRA) frames its oversight of insurers differently from its oversight of banks and investment firms, reflecting the distinct risks and liabilities each sector carries. There are common threads that run through the PRA’s supervisory approach. Its model is anchored in the primary aim of promoting the safety and soundness of regulated firms. Central to this model is an assumption that the PRA will not place exclusive reliance on the judgement of firms’ management; nevertheless, accountability for financial soundness rests with each firm’s management, board of directors, and shareholders, rather than with the PRA. The supervisory approach adopted by the PRA builds upon that undertaken by its predecessor, the Financial Services Authority. The PRA also...
Public–private partnerships ( PPPs) remain an important element of UK infrastructure delivery, making up around 12% of public sector assets. Nevertheless, their application to new projects has declined sharply. In the 2018 Budget, presented on 29 October 2018, the government announced that PF2 would no longer be used for new projects (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). The National Infrastructure Strategy of November 2020 also confirmed that the PFI/ PF2 model will not be reintroduced for forthcoming infrastructure schemes. That said, existing PFI and PF2 arrangements will continue, and given the typical length of these projects, they are expected to run for many years to come... The Original Private Finance Initiative Model The PPP form known as the Private Finance Initiative ( PFI), widely adopted and promoted by the UK Government from 1997 onwards, saw a rapid fall in use for new...
Temporary permissions regime ( TPR) and temporary marketing permissions regime ( TMPR) This Practice Note examines the Financial Conduct Authority ( FCA) and Prudential Regulation Authority ( PRA)/ Bank of England ( Bo E) temporary permissions regime ( TPR) and the temporary marketing permissions regime ( TMPR), introduced at the close of the implementation period following the UK’s exit from the EU. The TPR has concluded (31 December 2023). In contrast, the TMPR for EEA UCITS remains operative and has been extended to 31 December 2026 to aid transition to the Overseas Funds Regime ( OFR). These arrangements allowed EEA passporting firms and funds to continue UK activities for a limited duration after the implementation period while pursuing full UK authorisation or recognition. The European Union ( Withdrawal) Act 2018 ( EU( W) A 2018), as amended by the European Union (...
With the government’s ongoing drive to strengthen the UK’s role as an autonomous trading nation, we have released a suite of assessments on the trade dimensions of the UK’s Brexit approach and its post‑ Brexit international trade policy. This covers the UK’s work to craft fresh trading arrangements with the EU, to secure new agreements with non‑ EU partners, and to reset the UK’s standing at the World Trade Organization after Brexit. A selection of notable updates and commentary appears below. ‘ Beyond Brexit’ After leaving the EU, the UK began acting as an independent trading state from 11 pm GMT on 31 January 2020 (exit day). Through the subsequent transition/implementation period, the UK focused on settling the terms of its future relationship with the EU, with particular emphasis on economic and trade ties. This led to the EU‑ UK Trade and...
ARCHIVED: This Practice Note is archived and is not being maintained. How has Brexit affected the supply of services? Brexit influences service provision wherever delivery crosses between the UK and the EU, as fresh trading rules between the UK and EU have applied since 1 January 2021. Careful attention should be paid to service contracts, particularly where they touch on intellectual property, data protection and competition law considerations, the position on access to EEA staff, and adjustments to the VAT framework. Sector-specific factors will also arise. In practice, impacts turn on cross-border elements, reflecting the new UK- EU trading arrangements that took effect on 1 January 2021. Review is therefore advisable for affected services. Contracts for the supply of services The rules governing the supply of services in business-to-business dealings stem from UK law; accordingly, a contract for purely domestic services (ie services exchanged by two...
Quick Look Brexit Financial Services Legislation Status Guide This guide gives a high-level overview of the position of the Investment Firms Regulation ( EU) 2019/2033 ( EU IFR) and the Investment Firms Directive ( EU) 2019/2034 ( EU IFD) in UK law from 1 January 2021. For deeper insight into how Brexit affects the prudential framework for investment firms, see Practice Note: Impact of Brexit: CRR and prudential regulation—quick guide— Background to UK implementation of CRR II, CRD V, IFR and IFD. For further detail on the UK’s post‑ Brexit prudential regime for investment firms, consult Practice Note: The UK investment firms prudential regime ( IFPR). The EU IFR entered into force on 25 December 2019 and has applied since 26 June 2021 (save for certain provisions that started in December 2019 and March 2020), and EU Member States were obliged to...
Quick Look Brexit Financial Services Legislation Status Guide This guide offers a concise overview of the position, under UK law from 1 January 2021, of the coronavirus ( COVID‑19) amendments to the Capital Requirements Regulation ( EU) 575/2013 ( EU CRR) and Regulation ( EU) 2019/876 ( EU CRR II), introduced by Regulation ( EU) 2020/873 ( OJ L 204/4) (the EU Amending Regulation). For fuller analysis of Brexit’s effect on prudential rules and the CRR, see Practice Note: Impact of Brexit: CRR and prudential regulation—quick guide [ Archived], and for detail on the targeted EU banking measures issued in response to the pandemic, see Practice Note: Coronavirus ( COVID‑19)—targeted EU banking package. For a high‑level summary of the standing of the EU CRR and EU CRR II from 1 January 2021, see Practice Note: Quick Look Brexit Financial Services...
This concise note sets out the UK legislation and retained EU law that has been amended and/or revoked by the Securitisation ( Amendment) ( EU Exit) Regulations 2019, SI 2019/660 ( Securitisation Exit Regulations) and other instruments at the end of the implementation period following UK’s departure from the EU. Changes to the Securitisation Exit Regulations are effected by the Gibraltar ( Miscellaneous Amendments) ( EU Exit) Regulations 2019, SI 2019/680, the Financial Services ( Miscellaneous) ( Amendment) ( EU Exit) ( No. 3) Regulations 2019, SI 2019/1390, the Over the Counter Derivatives, Central Counterparties and Trade Repositories ( Amendment, etc., and Transitional Provision) ( EU Exit) Regulations ( No 2) 2019, SI 2019/1416, the Over the Counter Derivatives, Central Counterparties and Trade Repositories ( Amendment, etc., and Transitional Provision) ( EU Exit) Regulations 2020, SI 2020/646, and the Financial Services and...
Restructuring and Insolvency Q& As— Brexit collection Restructuring and Insolvency Brexit Q& As Post‑ Brexit, where multiple jurisdictional gateways could apply, should parties expressly certify that an insolvency process is a COMI proceeding, an establishment proceeding, or a proceeding to which the EU Regulation, as it has effect in United Kingdom law, does not apply? Following IP completion day, is it likely that the English courts’ analysis of COMI will diverge from the approach adopted by the EU Court of Justice? Can fresh territorial proceedings still be commenced in the UK once IP completion day has passed, and on what basis would that occur? After IP completion day, do the English courts retain jurisdiction to place a foreign company into members’ voluntary liquidation under section 221(4) of the Insolvency Act 1986? How does Brexit influence corporate forum shopping and so‑called bankruptcy tourism by individuals seeking a more...
This quick guide to payment services and electronic money directives summarises the current UK legislation, retained EU legislation, and Financial Conduct Authority ( FCA) rules and guidance on payment services and e-money requirements, as modified by the Electronic Money, Payment Services and Payment Systems ( Amendment and Transitional Provisions) ( EU Exit) Regulations 2018, SI 2018/1201 (the E- Money and Payments Exit Regulations 2018) and the Financial Services ( Electronic Money, Payment Services and Miscellaneous Amendments) ( EU Exit) Regulations 2019, SI 2019/1212 (the E- Money and Payments Exit Regulations 2019) (together, the E- Money and Payments Exit Regulations), alongside other instruments in force at the end of the implementation period following the UK’s withdrawal from the EU, together with related FCA updates to rules and guidance affecting payment services and e-money obligations. The summary below outlines Brexit...
Brexit Financial Services Legislation Status Guide This guide outlines high-level information on the status of EU laws regulating the payments sector, namely: the second Electronic Money Directive ( Directive 2009/110/ EC) (2EMD) the Cross- Border Payments Regulation ( Regulation ( EC) 924/2009) ( CBPR) as amended by Regulation ( EU) 2019/518 ( CBPR2) the Regulation establishing technical and business requirements for credit transfers and direct debits in euro and amending the CBPR ( Regulation ( EU) 260/2012) ( SEPA Regulation) the Payment Accounts Directive ( Directive 2014/92/ EU) ( PAD) the recast Payment Services Directive ( Directive ( EU) 2015/2366) ( PSD2) the Interchange Fee Regulation ( Regulation ( EU) 2015/751) ( IFR) This Practice Note should be read alongside the following Practice Notes: Impact of Brexit: Payment services and electronic money...
This Practice Note This Practice Note examines the consequences of the UK’s exit from the EU for the oversight of central counterparties ( CCPs), trade repositories, and central securities depositories ( CSDs) in the UK. It addresses the following arrangements: the temporary recognition framework and run-off arrangements for non- UK CCPs the temporary registration framework and conversion pathway for UK trade repositories the transitional framework for non- UK CSDs the temporary designation scheme for settlement finality The European Union ( Withdrawal) Act 2018, as amended by the European Union ( Withdrawal Agreement) Act 2020, makes provision for ratifying and implementing in domestic law the Withdrawal Agreement between the UK and the EU. The Withdrawal Agreement sets out the terms for the UK’s departure. It introduced a transition phase (referred to by the UK government as the...
This mortgage credit quick guide outlines the current UK legislation and retained EU legislation governing the intermediation of mortgage credit that have been amended and/or revoked by the Mortgage Credit ( Amendment) ( EU Exit) Regulations 2019, SI 2019/656 ( MC Exit Regulations 2019), together with other instruments made at the end of the implementation period after the UK’s withdrawal from the EU, and notes the corresponding changes to Financial Conduct Authority ( FCA) rules and guidance. Overview of onshored and preserved EU-derived law post- IP completion day The MC Exit Regulations 2019 form part of HM Treasury’s programme of statutory instruments under the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018), intended as contingency measures for a ‘no deal’ Brexit. They are a component of domesticating EU law to secure legal continuity from the end of the...
ARCHIVED: This Practice Note has been archived and is no longer maintained. At 11 pm ( GMT) on 31 December 2020, the implementation period ended; it had been designed to allow the UK to detach from the EU’s laws and institutions. From that instant—referred to throughout this note as ‘ IP completion day’—the UK’s legal order changed at once and in a substantial way. Significant and immediate effects followed across the regulatory landscape for healthcare technologies nationwide. This Practice Note outlines the effects of that shift for these elements of medical devices: Overview—what took place on 31 December 2020 In what ways does Brexit affect medical devices? Which principal legal authorities operate in this area (as affected by Brexit)? What are the key items of retained EU law, and are they subject to amendment from IP completion day? What are the...
ARCHIVED : This Practice Note is archived and no longer maintained. At 11pm ( UK time) on 31 January 2020 (exit day), the United Kingdom departed the European Union under a ratified Withdrawal Agreement between the UK and the EU. From that moment, the EU has regarded the UK as a ‘third country’, meaning it is neither an EU Member State nor a member of the European Free Trade Association ( EFTA). During the Brexit implementation period, which stretched from exit day to 11pm UK time on 31 December 2020 ( IP completion day), the principal EU regulations effectively continued to apply for Corporate lawyers (see Practice Note: The effect of Brexit on UK company law [ Archived]); however, from IP completion day, certain changes altered this position. Several of the potential amendments to UK corporate law identified before IP completion day were...
The UK’s future skills-based immigration system A government white paper, ‘ The UK’s future skills-based immigration system’, setting out plans for how the UK’s immigration regime will look after Brexit, was issued on 19 December 2018. The most notable reform proposed is the conclusion of Free Movement for EU citizens. From 31 December 2020 (the end of the implementation period), one set of UK immigration rules will apply to migrants from both the EU and outside the EU. The paper also proposes substantial changes to sponsoring skilled workers under Tier 2 of the Points- Based System, including: removing the overall annual cap on sponsored work visas reducing the skill level for sponsorship from RQF Level 6 to RQF Level 3 abolishing the Resident Labour Market Test cutting red tape for sponsoring employers A broader package of proposals includes: a new, temporary short-term worker route more generous post-study leave for students once their...
Practice Note This Practice Note brings together links to News Analysis and principal materials and key resources charting the evolution of the ‘single’ post- Brexit immigration regime, which takes effect from IP completion day and applies both to EEA nationals ineligible for the EU Settlement Scheme and to non- EEA nationals. The collection covers Migration Advisory Committee ( MAC) commissions and reports, the May administration’s White Paper, plus assorted reports and commentary from think tanks and other organisations of note and relevance. Numerous elements of the government’s finalised framework are detailed in Statement of Changes in Immigration Rules HC 813 and the accompanying guidance and related guidance. See Practice Note: The post- Brexit immigration system: what will it look like? [ Archived] For an explanation of how EU free movement law ceased to operate in the UK on IP completion day, consult Practice Note: Brexit and the end of...
ARCHIVED: This Practice Note has been archived and is no longer maintained. At 11 pm ( GMT) on 31 December 2020, the implementation period created to help the UK move away from the EU’s laws and institutions ended. At that moment—called in this Note ‘ IP completion day’—the UK’s legal framework changed at once and in a significant way. This Practice Note outlines the effects of that change for medicinal products, including: Overview—what took place on 31 December 2020 How Brexit affects the regulation of medicinal products Which legal authorities in this sphere are relevant, and how Brexit has influenced them The principal items of retained EU law—whether they face amendment from IP completion day, and whether any are revoked Headline changes for suppliers of medicines and medical products from IP completion day Core...
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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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