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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
Most recent Practice notes
What is the National Security and Investment Act 2021? The National Security and Investment Act 2021 ( NSIA 2021) brings in a UK mandatory notification system for deals in specified sectors to safeguard national security. Mandatory notification requirement — a duty on the buyer to inform the Secretary of State of a proposed acquisition of an entity in certain circumstances. Voluntary notification scheme — a buyer may choose to notify the Secretary of State about a proposed acquisition of an entity or asset; businesses and other bodies outside the mandatory scope may still submit a notification if they believe their trigger event could raise national security concerns. To guide that judgement, they can refer to the statutory statement on the exercise of the call-in power. Call-in power — allows the Secretary of State to scrutinise a proposed or completed...
Summary This document outlines transactions where the UK government has intervened on national security grounds under the National Security and Investment Act 2021 ( NSI Act 2021) NOTE—before 4 January 2022, the Enterprise Act 2002 ( EA 2002) enabled the UK government to step in on the public interest ground of national security in merger deals The NSI Act 2021 replaced that national security intervention power within the EA 2002 when it commenced on 4 January 2022 NOTE—the EA 2002 public interest provisions that remain (ie plurality of the media, stability of the financial system, and public health emergencies) continue to apply For ongoing and completed merger transactions where the UK government has acted under the surviving EA 2002 public interest provisions, see Government interventions on public interest grounds—merger cases tracker Ongoing cases We are not aware of any publicly disclosed investigations under the NSI Act...
The UK’s fourth National risk assessment of money laundering and terrorist financing 2025 ( NRA) outlines the principal money laundering and terrorist financing risks for the UK and explains how these have evolved over recent years since the government’s previous NRA in 2020. This Practice Note sets out the context for the NRA, highlights its principal findings (particularly regarding legal services) and clarifies what the NRA’s publication means for you. Background Under the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended, the Treasury and the Home Office must arrange for a risk assessment to be carried out to identify, assess, understand and mitigate the risks of money laundering and terrorist financing affecting the UK......
This Practice Note offers an introduction to National Insurance contributions ( NICs), outlining the classes of NICs and providing further detail on Classes 1 and 1A, being those most pertinent to employment situations. The stated aim of National Insurance contributions is to finance and confer eligibility for certain state benefits, such as the state pension, as well as other social security benefits, for example Jobseeker's Allowance and Maternity Allowance. NICs are administered by the National Insurance Contributions Office ( NICO), which forms part of HMRC. Individuals are required to possess a National Insurance number, which ensures that any contributions paid by them are correctly recorded against their own name only. The number is lifelong and is made up of two letters, followed by six numbers and a final letter. People are sent their National Insurance number shortly before their 16th birthday. This number will...
ARCHIVED: This Practice Note is archived and no longer maintained. Last updated April 2016 This archived Practice Note gives an overview of the government’s National Infrastructure Plan ( NIP), outlining its nature, the sectors it encompassed, and its intended outcomes. On 23 March 2016, the Infrastructure and Projects Authority issued the National Infrastructure Delivery Plan 2016–2021, which superseded the NIP. For details see Practice Note: National Infrastructure Delivery Plan 2016—2021. What was the National Infrastructure Plan? Launched in October 2010, the NIP set out the government’s long-term strategy for the UK’s infrastructure, covering both development and renewal, and explained how that vision would be delivered through investment to 2020 and beyond. The fifth and final iteration appeared in December 2014, with each edition building on and refining the first. It was prepared by Infrastructure UK, a unit within HM Treasury that advised the government on the UK’s...
ARCHIVED: This Practice Note has been archived and is not maintained. The Infrastructure and Projects Authority (' IPA') released the National Infrastructure Delivery Plan 2016–2021 (' NIDP') on 23 March 2016. It set out investment plans for infrastructure projects and programmes throughout the UK to 2020–2021 and beyond. It also explained the government’s approach to financing, procurement, delivery and monitoring of those initiatives. The NIDP replaced the National Infrastructure Plan (' NIP'), first issued in October 2010 and subsequently updated. For further details on the NIP, see Practice Note: The National Infrastructure Plan [ Archived]. Unlike the NIP, the NIDP included commitments for social infrastructure alongside housing and regeneration, as well as investment in 'economic infrastructure'. On 23 March 2016, the IPA also brought forward the Government Construction Strategy 2016–2020. For more information, see Practice Note: Government Construction Strategy 2016–2020 [...
This Practice Note examines intellectual property ( IP) rights as they arise in the context of artist and songwriter-centred music deals. It specifically sets out the distinct rights inherent in a song and explains the various ways in which they may be commercially exploited. It also addresses matters relating to brand protection, AI, and image rights for musical artists. IP and other rights relevant in the music industry Copyright subsisting in music Copyright underpins, in practice, the licensing and commercial exploitation of songs and other musical works. It is important to recognise that there are different categories of copyright that may apply. Where the originality threshold is satisfied and the song is fixed in a tangible form, then the following will apply: copyright subsists in the musical composition (the score) as a musical work the song’s lyrics are...
This Practice Note reviews the UK’s implementation of the Mortgage Credit Directive 2014/17/ EU ( EU MCD) and reflects on the consequences of the UK leaving the EU. What is the Mortgage Credit Directive? The EU MCD created a harmonised framework of laws, regulations and administrative measures across EU Member States for agreements that provide credit to consumers secured by a mortgage or otherwise connected to residential immovable property. For further details on the EU MCD regime, please see Practice Note: EU Mortgage Credit Directive—essentials......
This Practice Note outlines the responsible lending and funding obligations, together with the provisions on charges, arrears and repossessions, found in the Financial Conduct Authority’s ( FCA’s) Mortgages and Home Finance: Conduct of Business sourcebook ( MCOB), specifically MCOB 11, MCOB 11A, MCOB 12 and MCOB 13. It also addresses the Bank of England’s Financial Policy Committee ( FPC) loan‑to‑income ( LTI) flow cap, designed to avert material, significant and unsustainable growth in household debt levels. For further information on other aspects of MCOB and related guidance, see Practice Notes: Mortgage and home finance conduct of business: application and general requirements, Mortgage and home finance conduct of business—financial promotion and communications regime, and Mortgage and home finance conduct of business: distribution and disclosure requirements, which provide additional detail. Application of MCOB 11, MCOB 11A, MCOB 12 and MCOB 13 MCOB 11 The rules in MCOB 11...
This Practice Note outlines the regime governing financial promotions and wider communications concerning regulated mortgage contracts ( RMCs), home purchase plans ( HPPs), home reversion plans ( HRPs) and regulated sale and rent back agreements ( SRBAs) — together described as home finance transactions — as contained in the Financial Conduct Authority’s ( FCA) Mortgages and Home Finance: Conduct of Business sourcebook ( MCOB), with particular focus on MCOB 3A and MCOB 3B. For guidance on other parts of MCOB, see Practice Notes: Mortgage and home finance conduct of business: application and general requirements, Mortgage and home finance conduct of business—distribution and disclosure requirements and Mortgage and home finance conduct of business—responsible lending, charges and arrears requirements. Application of MCOB 3A MCOB 3A covers the making or approval of any financial promotion that concerns qualifying...
Background to Money Laundering Regulations 2017 The Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, sit within the UK’s broader anti-money laundering and counter-terrorist financing framework. They gave effect to the EU’s Fourth Anti- Money Laundering Directive ( Directive ( EU) 2015/849) (4MLD) and replaced the Money Laundering Regulations 2007, SI 2007/2157. Subsequent changes—the Money Laundering and Terrorist Financing ( Amendment) Regulations 2019, SI 2019/1511, and the Money Laundering and Terrorist Financing ( Amendment) ( EU Exit) Regulations 2020 ( MLR 2020), SI 2020/991—implemented elements of the EU’s Fifth Anti- Money Laundering Directive ( Directive ( EU) 2018/843) (5MLD), including major expansions to trust registration duties. HMRC set an initial deadline of 1 September 2022 for registering ‘non-taxable trusts’, supported by the Money Laundering and Terrorist Financing ( Amendment)...
Staff training and awareness The Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended, impose obligations concerning staff training and awareness, which are compulsory for organisations caught by the MLR 2017. All organisations, together with their personnel, have a duty to comply with applicable anti‑money laundering ( AML) legislation at all times. Even if the MLR 2017 requirements do not apply to your organisation, the Proceeds of Crime Act 2002 ( POCA 2002) and the Terrorism Act 2000 ( TA 2000) legislation still apply to your partners/directors and employees as private individuals; for instance, if they become involved in something they know or suspect is connected to money laundering, they have a legal obligation to report it. Consequently, whether or not your organisation is within scope of the MLR 2017, you may wish to...
This Practice Note outlines the obligation to pinpoint and evaluate organisation‑wide risks under the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended. The guidance is of general application. Check whether the MLR 2017 include additional or altered duties for your sector, and whether your regulator imposes further, sector‑specific requirements on risk assessment. There is no single correct approach to conducting a risk assessment; what matters is being thorough. Examine what you do, as well as what you do not. Yet, even with robust assessments and appropriate controls, some criminals may still exploit your organisation for illicit purposes. A detailed, documented organisation‑wide risk assessment, alongside written records of decisions on individual customers and transactions, will enable you to justify your judgements and actions to law enforcement agencies and your...
This Practice Note sets out your responsibilities for enhanced due diligence ( EDD) and how to apply them in everyday professional practice. It aligns with the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended. The guidance provided is of general application. You should determine whether the MLR 2017 impose additional or varied requirements for your sector, and whether your regulatory body sets any extra, sector-specific obligations relating to EDD......
Section 54 of the Modern Slavery Act 2015 ( MSA 2015) It obliges certain commercial organisations operating in the UK to publish an annual transparency statement that outlines the actions taken during the financial year to make sure slavery and human trafficking are not occurring in any supply chains or any part of the business. The statement may set out details of the organisation's structure, policies, due diligence, the assessment and management of risk, training, and how effective these measures are in ensuring the business's supply chain is free from modern slavery and human trafficking. MSA 2015, s 54 applies to all commercial organisations that: carry on a business, or part of a business, in the UK ......
This Practice Note explains the rules that apply to UK mobile phones when they are used while roaming outside the UK. The regulation of roaming In telecoms, ‘roaming’ describes the capability for a mobile network customer to use their handset and continue to place and receive calls, send and obtain data, browse online, and access other communications services in another country beyond their home network’s footprint. Roaming operates through arrangements between customers’ domestic communications network operators and providers in other jurisdictions, which allow users to attach to overseas networks and roam on them. In return for these roaming privileges, communications network operators levy charges on one another. That additional cost is commonly passed by the home network to the customer. Historically, roaming—particularly for data use—was not regulated, which frequently led to the subscriber facing high charges. This was especially true where travellers were unaware of their...
The Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692 As amended, these regulations require organisations to put in place and maintain policies, controls and procedures that effectively mitigate and manage the risks of money laundering, terrorist financing and proliferation financing identified in their organisation-wide risk assessment. Those arrangements must: be reviewed regularly and updated as necessary cover the monitoring and management of compliance with, and the internal communication of, those policies, controls and procedures This Practice Note sets out how organisations can monitor and assess both the effectiveness of, and compliance with, the anti-money laundering ( AML), counter-terrorist financing ( CTF) and counter-proliferation financing measures they have adopted. It reflects the requirements of the MLR 2017, as amended. Tools for monitoring and review include: audit work and file reviews ...
The Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended, place obligations on organisations regarding beneficial owners. This Practice Note: explains: the meaning of beneficial ownership who falls within the definition of a beneficial owner the customer due diligence ( CDD) measures required covers: when certain customers must provide details of their beneficial owners what can be accessed from beneficial ownership registers provides guidance on: how you can/should rely on...
AML, CTF and counter-proliferation financing record keeping As UK businesses regulated by the SRA, law firms carry baseline professional and regulatory duties around record keeping by virtue of their status. On top of this, they face additional, standalone record keeping requirements under the anti‑money laundering ( AML), counter‑terrorist financing ( CTF) and counter‑proliferation financing regime. This Practice Note sets out the regulatory requirements on AML, CTF and counter‑proliferation financing record keeping and retention derived from the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended. A separate subtopic— Information management and security—covers broader record keeping obligations. If you are subject to the MLR 2017, you must put in place, and maintain, proportionate and risk‑sensitive record keeping policies and procedures; see Practice Note: Money Laundering Regulations 2017—scope and...
This Practice Note explains the anti-avoidance rules relating to ‘mixed member partnerships’, ie partnerships with a mix of individual and non-individual partners. ‘ Mixed member partnerships’ are those with both individual and non-individual members, the latter being, for instance, a company or an individual serving as a trustee. Such a firm may take the form of a general partnership, a limited partnership, or a limited liability partnership ( LLP). In the ordinary course, both profits and losses are allocated in accordance with the profit-sharing terms agreed by the partners. Arrangements can nevertheless be crafted to take advantage of the fact that individuals typically face higher tax rates than other entities. A common approach is for the individual partners to form a company to join as a corporate partner. The individuals then occupy two positions: partners in the firm and...
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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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