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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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This Practice Note outlines the key factors right holders should weigh when safeguarding and asserting their brands in the Metaverse. It addresses how to plan and define, from the outset, the ambit of trade mark or design protection, including spotting and closing protection gaps, and highlights matters to weigh up when licensing a brand for use in the Metaverse. On enforcement, the Practice Note addresses, among other matters: Ongoing monitoring of potential infringements; Tracing and identifying infringers; Assessing potential causes of action and navigating jurisdiction issues; Available remedies and common, general enforcement challenges; It finishes with practical pointers to assist right holders when protecting and enforcing their brands. What is the Metaverse? There is no universally agreed definition of the ‘ Metaverse’; however, it is widely understood to comprise immersive environments, frequently utilising augmented or virtual reality. The immersive...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 4 September 2012; it is no longer maintained. See further, timeline. Case facts Outline of the UK merger investigation into the completed and finalised purchase by DCC Energy Limited of certain selected oil distribution operations from Rontec Investments LLP, previously owned by Total UK Limited. Latest developments The CC determined the deal posed no competition issues whatsoever and did not lead to a substantial reduction in rivalry. Therefore, the CC approved the transaction unconditionally. Parties Acquirer— DCC Energy Limited ( DCCE)......
CASE HUB (appeal lodged by Ryanair at the Supreme Court; however, the Supreme Court refused permission to appeal) ARCHIVED – this archived case hub reflects the position at the date of the judgment of 12 February 2015; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline Ryanair appealed the CAT’s decision endorsing the Competition Commission’s ( CC) final report on its completed purchase of a minority holding in Aer Lingus, under which Ryanair was directed to cut its stake from 29.8% to 5%. The Court of Appeal handed down its judgment on 12/02/2015, dismissing the appeal... Parties Ryanair Holdings plc — Europe’s largest low-cost carrier, operating from 49 base airports across Europe; headquartered in Dublin, one of its biggest bases. Competition and Markets Authority ( CMA) (formerly the Competition Commission) Aer Lingus Group plc...
CASE HUB ARCHIVED This archive reflects the position as at the decision of 27 March 2014 and is no longer maintained or updated. See also the timeline and commentary provided. Case facts Brief outline of the UK merger investigation into the anticipated purchase by Telefonaktiebolaget LM Ericsson of Red Bee Media (owned by Creative Broadcast Services). Latest developments On 27 March 2014, the CC approved the deal unconditionally, clearing it to proceed in full. This followed provisional findings, issued on 27 February 2014, which provisionally cleared the merger at that point. One member of the CC panel dissented at the provisional stage, believing the merger could lead to competitive harm in relation to the BBC. There is, however, no reference to any dissent in the final decision or...
CASE HUB ARCHIVED This archived case hub records the position as at the decision dated 21 September 2012; it is no longer updated. For detail, see the timeline and related cases. Case facts Outline of the UK merger inquiry into Mc Gill's Bus Services’ completed purchase of Arriva Scotland West. The Competition Commission approved the deal on 21 September 2012. Latest developments On 21 September 2012, the CC gave unconditional approval formally. Parties Mc Gill's Bus Services Limited ( Mc Gill's) and Arriva Scotland West ( ASW). Mc Gill's is a family-run operator providing local commercial bus services across Inverclyde, Renfrewshire, East Renfrewshire and Glasgow areas......
CASE HUB (note–appealed in Eurotunnel and Société Coopérative de Production Sea France v CMA (2)) ARCHIVED – this archived case hub reflects the position as at the 27 June 2014 decision and is no longer updated. See also the timeline, commentary and related cases. Case facts Outline of a UK merger inquiry into Eurotunnel’s purchase of Sea France’s ferries and other assets (including the remittal that focused, in particular, on the issue of jurisdiction following the first CAT appeals). Latest developments On 22 and 24 July 2014 respectively, Eurotunnel and SCOP lodged appeals with the CAT against the CMA’s decision in the remittal investigation (see Eurotunnel and Société Coopérative de Production Sea France v CMA (2)). The appeals were dismissed by the CAT in its judgment of 9 January 2015. On 27 June 2014, the CMA issued its final decision. It confirmed that it did have...
Under the Enterprise Act 2002 When assessing mergers, the Competition and Markets Authority ( CMA) may accept remedies—undertakings in lieu ( Ui L)—following a phase 1 review, and may impose remedies after phase 2. At phase 1 the CMA cannot force remedies; instead, the merging parties can propose Ui Ls to avert a phase 2 probe. The remedies that can be accepted or imposed include: Structural remedies, such as: disposing of all or part of the target business, or the business to be bought, to an appropriate purchaser creating a divestment package from both merging firms, with the buyer retaining elements of each and selling others on retaining the acquired entity while selling the pre-existing business selling critical assets (eg a...
CASE HUB ARCHIVED This archive records the position as at the decision date of 8 October 2013 and is no longer maintained. Further information can be found via the timeline, commentary and related cases. Case facts Outline of a UK merger investigation into the completed purchase of City Screen Limited by Cineworld plc, following completion of the deal in question. Latest developments On 8 October 2013 the Competition Commission issued its final report, upholding its provisional view and finding competition issues in three localities ( Aberdeen, Bury St Edmonds and Cambridge). The transaction was therefore cleared on condition that Cineworld divested one cinema it owned in each of these areas. Each site had to be sold to an operator approved by the CC (now the CMA) with sufficient expertise and experience to continue operating them as cinemas. On 16 February 2015 Cineworld disposed of its Cambridge cinema to The...
CASE HUB ARCHIVED This archived case hub reflects the position at the decision date of 1 May 2012; it is no longer maintained and is provided for reference only. See further timeline note below for details. timeline NOTE On 26 April 2018, following a request under the undertakings accepted in relation to this transaction, the CMA approved Tarmac’s reacquisition of certain assets of Breedon Group PLC. Case facts Outline A UK merger investigation into the joint venture between Anglo American PLC and Lafarge SA. Latest developments On 1 May 2012, the CC published its final report and, on that date, cleared the JV subject to divestment. The parties agreed a divestiture package with the CC, including disposal of: Tarmac’s stake in MQP primary aggregate RMX cement asphalt RMX plants and linked rail depots There was a subsequent market investigation into the supply of...
UK merger control is set out in the Enterprise Act 2002, as updated by the Enterprise and Regulatory Reform Act 2013 and the Digital Markets, Competition and Consumers Act 2024 ( DMCC Act). Under these rules, the Competition and Markets Authority ( CMA) has jurisdiction to review completed and anticipated merger deals where a ‘relevant merger situation’ arises. A ‘relevant merger situation’ exists only if all three of the following are met: two or more enterprises (or businesses) ‘cease to be distinct’ the target’s size or the merger’s effect on competition is sufficient to satisfy at least one jurisdictional threshold test the merger falls within the statutory time limit for review For information on the CMA’s investigation process, see The UK merger investigation process. For details of ongoing UK merger investigations, see UK mergers–case tracker. DMCC Act On 3 June 2024, following Royal Assent...
The UK merger regime is voluntary The UK operates a voluntary merger system: where a deal falls within the scope of the UK merger rules, there is no obligation to obtain clearance in advance—it is for the merging parties to decide whether to notify the Competition and Markets Authority ( CMA). If a transaction is not notified, there remains a risk that the CMA may still open an inquiry and could, in the end, require the disposal of the acquired business (or other businesses or assets). Once underway, a merger review follows a defined procedure with strict timelines: All cases undergo a phase 1 review—the CMA has 40 working days to decide whether the merger gives rise to competition concerns and meets the threshold for referral to a phase 2 investigation. Where the CMA is concerned that the deal will restrict...
EU ambitions to cut landfill disposal, together with advances in technology, spurred the roll-out of new waste infrastructure across the UK. Broadly, two principal contracting routes exist for such schemes: Waste Private Finance Initiative ( PFI) and Public- Private Partnership ( PPP) infrastructure contracts, which, from February 2025, are generally subject to the Procurement Act 2023. Existing PFI and Private Finance 2 ( PF2) arrangements entered into before November 2018 continue to run Merchant waste infrastructure contracts A merchant contract is a binding agreement between a business (the merchant) and, commonly, an acquiring bank. Merchant waste schemes are those where the sponsor (or ‘acquiring bank’) is a private entity, for example the Green Investment Group. They may cover projects reliant on private, specialist feedstocks such as refuse derived fuel, commercial and industrial waste, and waste wood. This Practice Note...
Rules and guidance The statutory framework governing the annual accounts of medium-sized LLPs is drawn from: Part 15 of the Companies Act 2006 ( CA 2006) The Limited Liability Partnerships ( Accounts and Audit) ( Application of Companies Act 2006) Regulations 2008, SI 2008/1911 (2008 Regulations), which apply elements of CA 2006 to LLPs The Large and Medium-sized Limited Liability Partnerships ( Accounts) Regulations 2008, SI 2008/1913 ( Large LLPs Regulations) The Limited Liability Partnerships, Partnerships and Groups ( Accounts and Audit) Regulations 2016, SI 2016/575 (2016 Regulations) The Statutory Auditors Regulations 2017 The Companies ( Accounts and Reports) ( Amendment and Transitional Provision) Regulations 2024, SI 2024/1303 (2024 Regulations) This Practice Note sets out the accounting regime applicable to LLPs and qualifying partnerships under the 2016 Regulations, incorporating the amendments introduced by the 2024...
This Practice Note is designed and intended as a horizon-scanning tool to monitor the ongoing evolution of key UK regulatory and legal developments concerning the pricing and reimbursement of medicinal products and medical devices throughout the UK. It outlines changes and initiatives linked to the UK health technology assessment ( HTA) and evaluation process, which forms the basis for pricing and reimbursement decisions for innovative or novel healthcare technologies and treatments across the UK. In particular, it charts key ongoing activity relating to: Voluntary Scheme for branded medicines Statutory Scheme for branded medicines commercialisation and HTA reform innovative health technologies—medicines and medical devices For more detail on the operation of the present systems for pricing and reimbursement of medicinal products in the UK and EU, see Practice Note: Pharmaceutical pricing and...
STOP PRESS : This Practice Note is being refreshed to capture the effects of reforms and developments affecting the UK voluntary and statutory schemes for branded medicines. In particular, forthcoming updates will expand on the practical considerations and industry perspectives arising from: the consultation on the statutory scheme that concluded in April 2025; the ongoing 2024 Voluntary Scheme for Branded Medicines Pricing, Access and Growth ( VPAG) commitment; and the updated commercial framework for new medicines and its related consultations. While these revisions are prepared, to follow progress and the discussion of these matters, please refer to: Life sciences tracker— UK — Government initiatives and proposed reforms and its Consultations section. This Practice Note examines the rules on pricing and reimbursement for medicinal products and medical devices in the UK......
This Practice Note provides an overview of media content regulation in the UK. The primary media regulators are: Broadcasting (television and radio) — Ofcom Press and magazines — Independent Press Standards Organisation ( IPSO) Advertising — Advertising Standards Authority ( ASA) Cinema and video — British Board of Film Classification ( BBFC) Video on demand ( Vo D) — Ofcom Video-sharing platforms ( VSPs) — Ofcom Social media platforms and search engines — Ofcom Broadcasting Ofcom oversees television and radio programme content by setting and enforcing codes that broadcasters must comply with. The key code for editorial standards is the Ofcom Broadcasting Code ( OBC). Broadcast advertising content is handled by the ASA—see Advertising below. In November 2025, Ofcom sought input on reforming broadcast regulation, inviting views on updates in three broad areas: licensing ...
UK Market Abuse Regulation level 2 and 3 measures This Practice Note sets out the delegated acts, implementing decisions and guidelines adopted under Assimilated Regulation ( EU) 596/2014 ( UK Market Abuse Regulation). 7 October 2020 — Commission Implementing Assimilated Regulation ( EU) 2020/1406 This measure elaborates on the procedures and templates for the exchange of information and co-operation among competent authorities and other entities... 22 March 2019 — Commission Delegated Assimilated Regulation ( EU) 2019/461 This instrument revises Delegated Regulation ( EU) 2016/522 concerning the exemption of the Bank of England and the United Kingdom Debt Management Office from the scope of Regulation ( EU) No 596/2014......
This FLASHCARD sets out the instruments captured by the UK Market Abuse Regulation ( Assimilated Regulation ( EU) 596/2014). Categories of Instrument within the scope of the UK Market Abuse Regulation Four categories of instrument fall within scope: traded financial instruments emission allowances and related auctioned products commodity derivatives and associated spot commodity contracts benchmarks In addition, the UK Market Abuse Regulation applies to certain activities conducted away from a trading venue. Traded financial instruments The UK Market Abuse Regulation applies to: financial instruments admitted to trading on a UK-regulated market, Gibraltar-regulated market or EU-regulated market, or where a request for admission to trading has been made financial instruments traded on a UK multilateral trading facility ( MTF), Gibraltar MTF or EU MTF, admitted to trading on a UK MTF, Gibraltar MTF or EU MTF, or where a request for admission to trading on a UK MTF, Gibraltar MTF or EU MTF has been...
What is the objective of the UK MAR? Regulation ( EU) 596/2014 (the EU Market Abuse Regulation) reshaped and reinforced the EU market abuse framework, extending its scope and imposing stiffer sanctions. From IP completion day (31 December 2020), the onshored version, Assimilated Regulation ( EU) 596/2014 (the UK Market Abuse Regulation), has applied in the UK. Divergence between the EU Market Abuse Regulation and UK MAR For a high-level overview of differences between the principal provisions of the EU Market Abuse Regulation and the UK Market Abuse Regulation, see Practice Note: Market Abuse Regulation—key provisions divergence table. What instruments does UK the UK Market Abuse Regulation apply to? The UK Market Abuse Regulation applies to financial instruments: admitted to trading on a regulated market in the UK, Gibraltar or the EU, or where an application for admission to trading has been made traded on a UK, Gibraltar or EU...
Marine planning in the UK Part 3 of the Marine and Coastal Access Act 2009 ( MCAA 2009) underpins marine planning across the UK. Under MCAA 2009, devolved administrations act as the responsible marine planning authorities for their inshore and offshore waters, except for Scottish and Northern Ireland inshore waters, as marine planning for these areas is already provided for by the Marine ( Scotland) Act 2010 and the Marine Act ( Northern Ireland) 2013 (not available in Lexis Library). MCAA 2009 introduced a framework for safeguarding and managing the marine environment. It: set up a strategic marine planning regime that defines local and national objectives and priorities for the seas, supplying the policy basis for licensing choices revised licensing requirements and processes for specified activities in the marine area created the Marine Management Organisation ( MMO) as the...
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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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