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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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The requirements for decommissioning an offshore wind farm at the end of its operational life Decommissioning obligations chiefly focus on controlling environmental effects and navigational risks so that the public purse is not exposed. For additional practical guidance on key legal issues in the wind sector, refer to the textbook: Wind: Projects and Transactions. The UK’s international duty to retire redundant installations arises from the United Nations Convention on the Law of the Sea 1982 ( UNCLOS), which requires the removal of abandoned or disused installations or structures. There is no EU framework specific to offshore wind decommissioning; however, requirements under the EU waste regime remain pertinent. The UK’s domestic regime under the Energy Act 2004 (the Act) also reflects standards and guidelines issued by the International Maritime Organisation ( IMO). In England and Wales, oversight of offshore wind...
Brexit impact At 11pm ( GMT) on 31 December 2020, the transition/implementation phase that followed the UK’s departure from the EU came to a close. That moment—known in UK law as ‘ IP completion day’—ended core transitional measures and triggered wide-ranging changes across the UK legal framework. Any updates relevant to this content are outlined below. On IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) introduced a distinct category of domestic UK law—retained EU law ( REUL)—consisting of EU-derived rights and legislation preserved in the UK after Brexit. On 29 June 2023, the Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) received Royal Assent. It reshapes the treatment of REUL by: revoking substantial elements of REUL from 31 December 2023 re-labelling REUL as ‘assimilated law’ from 1 January 2024 ...
The Petroleum Act 1998 ( PA 1998) empowers the Secretary of State ( So S) to issue licences to companies, permitting them to explore, drill for and recover petroleum, under the oversight and direction of the North Sea Transition Authority ( NSTA) (previously called the Oil & Gas Authority) (see Practice Notes: Oil & Gas— UKCS licensing regime and North Sea Transition Authority ( NSTA) for further background). Decommissioning, by contrast, is overseen by the Offshore Petroleum Regulator for Environment and Decommissioning ( OPRED), within the Department for Energy Security and Net Zero ( DESNZ), working in consultation with the NSTA as necessary. Up to 14 July 2016, the government department in charge of energy policy was the Department of Energy and Climate Change ( DECC). From 14 July 2016, DECC was folded into the Department for Business, Energy and...
Scope The UK’s decommissioning framework spans offshore oil and gas installations and offshore submarine oil and gas pipelines. It gives effect to the UK’s obligations under the 1992 Convention for the Protection of the Marine Environment of the North East Atlantic ( OSPAR), and also implements duties under the 1982 UN Convention on the Law of the Sea. For further detail on UK government policy on decommissioning and the underpinning international law, see Practice Note: Decommissioning— International Law and UK Government Policy. In May 2021, the North Sea Transition Authority ( NSTA) (formerly known as the Oil & Gas Authority) released its Decommissioning Strategy to drive cost efficiencies across decommissioning and to articulate its view that decommissioning should aid the energy transition. This can be achieved by assessing decommissioning alongside potential re-purposing of wells and structures (for example, for carbon capture and storage, or for future...
Oil and gas decommissioning is typically managed by the appointed operator of the licence (acting for and on behalf of its coventurers), so it is vital that appropriate agreements cover every relationship. Relevant licensee contracts Joint Operating Agreement ( JOA) — Parties: Licensees. Purpose: agrees the decommissioning procedure and accounts for spend. When: upon entry into the licence. Decommissioning Security Agreement ( DSA) — Parties: Licensees. Purpose: provides for future decommissioning costs. When: ideally before field development, though in practice it is often concluded later. Trust Deed — Parties: each licensee, the Operator and the Law Debenture Trust Company. Purpose: governs funds set aside to meet decommissioning costs. When: as determined by the DSA. For more information on JOAs and DSAs, see Practice Notes: The purpose and the principles of the joint operating agreement Joint operating...
Brexit Impact From 31 January 2020 (the exit day), the UK was no longer an EU Member State. At that point, a transition/implementation period commenced, and for many purposes the EU continued to treat the UK as though it remained a Member State. The transition/implementation period ended at 11 pm ( GMT) on 31 December 2020. That moment in time, described in UK law as ‘ IP completion day’, brought key transitional arrangements to an end and significant changes began to take effect across the UK’s legal regime. Any changes relevant to this content will be set out below. On IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) created a new category of domestic UK law: retained EU Law ( REUL), consisting of EU-derived rights and legislation preserved in the UK following Brexit. Then, on 29 June 2023, the...
Background to the UK’s offshore funds rules Targeted tax legislation for offshore funds first appeared in 1984. Up to that point, UK investors in non‑ UK investment vehicles could accumulate income offshore and, when their holdings were realised (for example on a sale of their interest), the proceeds were charged at capital gains rates rather than income tax rates. The 1984 'offshore funds' regime addressed this position by treating as income any gains arising on disposals of material interests in 'offshore funds'. For tax purposes, the notion of an 'offshore fund' was anchored to a regulatory definition for the sector. Certain provisions offered an exception from that treatment where a particular offshore fund distributed at least 85% of its income and UK‑equivalent profits to investors each period. Where a fund made such distributions, an investor's disposal of their interest continued to receive capital gains tax...
Reporting fund regime UK holders in ‘reporting’ offshore funds are assessed to tax each year on their share of the fund’s ‘reported income’, whether this is distributed or retained. This permits them to obtain capital gains treatment when they dispose of their holding. By contrast, when UK investors in ‘non-reporting’ offshore funds realise gains on disposals of their interests, those gains are taxed as income rather than as capital gains; such amounts are termed ‘offshore income gains’. Offshore funds must apply for, and be granted, reporting fund status. For who is eligible and how to apply for reporting fund status, see Practice Note: Tax and offshore funds—the reporting fund regime. For details on non-reporting offshore funds and how their investors are taxed, see Practice Note: Tax and offshore funds—non-reporting funds. For an outline of what constitutes an offshore fund, see Practice Note: Tax and offshore...
This guide is chiefly intended for trainees, recently qualified lawyers and other persons who are new to, or unfamiliar with, pensions law. It addresses discrimination chiefly in the specific context of occupational pension schemes. It includes citations to the case law of the Court of Justice of the European Union. For advice on whether EU judgments remain binding on UK courts, see Practice Note: Assimilated law — Assimilated case law. Development of anti-discrimination law in the pensions arena Unlawful discrimination in its many forms has created significant legal and administrative challenges for occupational pension schemes over many decades now. Perhaps the best-known development was the European Court of Justice’s landmark ruling in the Barber case, made on 17 May 1990 (one of the most famous dates in UK pensions law history), in which the ECJ stated that pensions constitute a form of deferred pay, and that,...
THIS PRACTICE NOTE APPLIES TO OCCUPATIONAL PENSION SCHEMES. There is no overarching legislation dictating how members’ pension entitlements must be handled during temporary absences from employment, save for the following carve-outs: time away under statutory family leave, including maternity, paternity, adoption, parental or shared parental leave—for details, see Practice Note: Maternity and other statutory family leave—the pension requirements interruptions in pensionable service ignored under preservation legislation when assessing if an early leaver has two years’ qualifying service—for details, see Practice Note: Early leavers—preservation — Breaks in pensionable service Beyond these, the approach to pensions during a temporary break will be determined by the scheme’s rules and the nature of the absence. Employment contracts may also set out particular arrangements for some absences (eg sickness). Accordingly, employers establishing pension provision for staff must decide how members’ pension rights are to be treated when work is...
The management of assets belonging to another person on a discretionary basis is a 'regulated activity' overseen by the Financial Conduct Authority ( FCA). As a general position, trustees of occupational pension schemes ( Trustees) are not typically authorised by the FCA, or under applicable legislation, to manage most categories of scheme assets. Consequently, Trustees must pass day-to-day investment decisions to an FCA-authorised party to implement investments on their behalf. A frequent approach is to appoint an investment manager (the Manager), which constitutes a delegation of their core investment responsibilities. When a Manager is engaged under a discretionary investment management agreement (an IMA), the Trustees confer their discretionary investment powers. The scheme employer may also join the IMA to meet requirements connected to recovering VAT—see Practice Note: VAT and pension scheme costs. In contrast to investment advisory mandates or...
What is the requirement for a nuclear site licence? A nuclear site licence is mandated by the Nuclear Installations Act 1965 ( Nu IA 1965) for the use of any site to install or run: a nuclear reactor (excluding one forming part of a means of transport by land, water or air, such as a nuclear-powered submarine) a nuclear installation intended or modified to: produce or use atomic energy perform a process, capable of emitting ionising radiation, connected to the production or use of atomic energy store, treat or dispose of nuclear fuel, or bulk quantities of material irradiated by the production or use of nuclear fuel a nuclear installation specified by the Nuclear...
A clear grasp of the spectrum of risks confronting nuclear projects is essential not just for the project company (and its investors) but also for other principal stakeholders in the civil nuclear sector, such as lenders and government. This Practice Note summarises, at a high level, the following themes relating to nuclear projects and their risk profile: development phase risks operational phase risks specific concerns for lenders the role played by government, and practical guidance for negotiating risk allocation between stakeholders For additional hands-on guidance on financing energy, power and resources projects across various sectors, including those addressed in this Practice Note, see the textbook: Energy and Resources Financing: A Practical Handbook. What are the key development phase risks in nuclear energy projects? Nuclear projects encounter several risks during development, such as: High up-front costs Nuclear ventures involve...
The UK is a signatory to the international system of nuclear liability created by the 1960 Paris Convention and its later amending agreements. The UK gives effect to these commitments through the Nuclear Installations Act 1965 ( Nu IA 1965), which has been updated by primary and secondary legislation to mirror Convention revisions and UK policy choices within the permitted limits. The most recent instrument is the Energy Act 2023 ( En A 2023), which modifies the Nu IA 1965 to implement the Convention on Supplementary Compensation ( CSC). The En A 2023 empowers the Secretary of State to make regulations to give effect to the CSC, or otherwise to address matters connected with, or arising from, the CSC. This Practice Note succinctly outlines the evolution and current position of UK nuclear liability law and considers the changes introduced by the En A 2023 to the Nu IA...
Finance ( No 2) Act 2017 ( F( No 2) A 2017) ushered in a range of tax reforms affecting foreign domiciliaries, with substantial revisions to the treatment of offshore trusts. Key features included the creation of the ‘protected settlement’ concept and the related idea of ‘tainting’. This Practice Note highlights the core elements of the updated framework as it concerns settlors of offshore trusts nearing deemed domicile status under the 15-year rule, and their trustees. For further detail on deemed domicile, including the 15-year rule, see Practice Note: Deemed domicile for tax from 6 April 2017. Abolition of the remittance basis and introduction of a residence-based IHT regime from 6 April 2025 Finance Act 2025 ( FA 2025), which received Royal Assent on 20 March 2025, legislates to remove the remittance basis of taxation and introduce a...
This Practice Note outlines the Network and Information Systems Regulations 2018 ( NIS Regulations), SI 2018/506, which gave effect in the UK to the Network and Information Systems Directive (the NIS Directive), Directive ( EU) 2016/1148. The NIS Regulations, as modified by a range of Brexit instruments, remain in force domestically. It explains the context and objectives of the regime, together with the duties placed on operators of essential services ( OESs) and relevant digital service providers ( RDSPs) under the NIS Regulations and the linked Assimilated Regulation ( EU) 2018/151 ( Assimilated DSP Regulation), insofar as it concerns RDSPs. Background to the NIS Directive The NIS Directive—also referred to as the Cybersecurity Directive or the Network and Information Security Directive—was passed by the European Parliament on 6 July 2016. EU Member States (including, at that time, the UK) were required to transpose the...
This Practice Note sets out when charges to National Insurance contributions ( NICs)—namely primary and secondary Class 1 NICs and Class 1A NICs—arise in the context of employment-related securities and securities options. For more information about NICs generally, see Practice Note: National Insurance contributions—introduction. For current rates and thresholds applicable to NICs, see Practice Note: Key UK tax rates, thresholds and allowances. For details about PAYE and employment-related securities and securities options, see Practice Notes: PAYE implications of employment-related securities, PAYE implications of securities options and PAYE—readily convertible assets, intermediaries and jurisdictional scope. For details of an employer's reporting obligations in relation to employment-related securities and securities options, see Practice Note: Employment-related securities—reporting obligations. For details of the NICs (and tax) implications where an internationally mobile employee has employment-related securities or securities options, including the regimes that were introduced with effect from 6 April 2025 as part of the...
ARCHIVED This Practice Note is archived and not maintained. Introduction This Practice Note outlines proposals to introduce compulsory obligations for particular UK companies to disclose a net zero transition plan. Although reporting such plans is not yet mandatory, many businesses already publicise their net zero pledges voluntarily under the ‘comply or explain’ requirements for listed issuers. On 9 October, 2023, the Transition Plan Taskforce ( TPT) released a best-practice, standardised disclosure framework for climate transition plans. Alongside this, the TPT’s Co- Chairs, Amanda Blanc, CEO of Aviva, and Baroness Penn, Treasury Lords Minister HM Treasury, encouraged companies to use the TPT’s resources to begin their transition to Net Zero. There has long been an expectation that compulsory rules would follow the TPT’s creation of this gold‑standard Disclosure Framework. This Practice Note concentrates on the TPT’s standardised Disclosure Framework for climate transition plans and the related guidance. Topics include net zero...
Net neutrality ‘ Net neutrality’ denotes the idea that the internet should operate without discrimination, ensuring every user enjoys the same opportunity to reach any online resource. Coined in 2003 by Tim Wu, a Columbia University media law scholar, the label sits within a wider set of principles upholding freedom in how the internet is used. Framed as a flexible answer to the technology sector’s evolving needs, it places decision-making over what people encounter online with the individual rather than the broadband company that provides their connection. In practice, this amounts to an open internet, where internet service providers ( ISPs) deliver connections and treat all content and services even-handedly, with service quality keeping pace with technological progress. Viewed through a legal lens, net neutrality is commonly expressed as a ban on limits and/or discriminatory measures that hinder people’s access to online material. The...
This Practice Note outlines the principal provisions of the National Security and Investment Act 2021 ( NSIA 2021) before addressing the consequences of the Act for finance transactions. The NSIA 2021 requires, in specified circumstances, a mandatory notification to the Secretary of State ahead of acquiring control of an entity, and grants the government powers to review proposed or completed acquisitions where national security issues may arise (the call-in power). The regime’s impact should be assessed on certain finance transactions, particularly when financing a purchase or taking security over assets or shares in certain sectors—see Mandatory notification below—or where the asset or entity may present national security sensitivities. The substantive provisions of the Act commenced on 4 January 2022. Note that the call-in power has retrospective effect—see What is the call-in power? below. Also note that the NSIA 2021 extends to, and applies...
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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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