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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 analysis covers the main changes to the Immigration Rules (the Rules) set out in HC 667 that are likely to be of most interest to business immigration advisers HC 667 was issued on 3 November 2016, accompanied by an Explanatory Memorandum ( EM). The Statement of Changes had been long heralded, after the government signalled on 24 March 2016 that it would bring in its first set of Tier 2 reforms in ‘ Autumn 2016’, following consideration of the Migration Advisory Committee’s reports on its review of Tier 2 and its partial review of the shortage occupation list: Review of nursing. Through HC 667 these Tier 2 measures are enacted, alongside a suite of technical amendments across multiple categories, notably substantive revisions to the Rules on the validity of applications for leave to remain, overstaying, and evidential flexibility within Points- Based System ( PBS)...
FORTHCOMING DEVELOPMENTS: On 4 December 2023, former Conservative Home Secretary James Cleverly MP set out a package aimed at cutting lawful migration to the UK. Among these steps, for Appendix FM applications on the ‘five-year route’, the standard minimum income requirement for initial applications would increase from £18,600 to £29,000 in Spring 2024. That uplift was implemented through amendments to the Immigration Rules with effect from 11 April 2024. Two further rises had been anticipated, however the Labour Home Secretary, Yvette Cooper MP, asked the Migration Advisory Committee to assess these financial thresholds, and its review has now been issued. A refreshed financial requirement is expected to be announced in due course. For further guidance, see Practice Note: Immigration calendar. This Practice Note provides tables setting out eligibility criteria for entry clearance applications under Appendix FM and Part 8 of the...
Creative Worker route – Certificates of Sponsorship from 16 May 2024 For entry clearance or permission applications lodged on or after 16 May 2024, a sponsor issuing a Certificate of Sponsorship under the Creative Worker route must ensure one of the following applies: The applicant adheres to the applicable Code of Practice, if one exists for the role; or If no such Code of Practice applies, the applicant must: be undertaking a creative industries role listed in Immigration Rules, Appendix Skilled Occupations; and be able to show they will make a distinctive contribution to creative life in the UK. Before this amendment, where no relevant Code of Practice was available, the role either needed to be on the Shortage Occupation List ( SOL) (which was...
This review outlines the key updates to the Immigration Rules (the Rules) introduced in CP 232. Published on 14 May 2020, CP 232 was accompanied by an Explanatory Memorandum ( EM). The package notably covers: further limitations on the Representative of an Overseas Business route a range of revisions to the Start-up, Innovator and Global Talent pathways in Appendix W of the Rules changes to the EU Settlement Scheme, including broadening eligibility to additional victims of domestic abuse, and to family members of people born in Northern Ireland You can jump straight to particular subjects via the Contents bar on the left-hand side of the screen. Implementation Except where indicated, the updates apply to applications submitted on or after 4 June 2020. Applications filed (or supported by a Certificate of Sponsorship or an assigned endorsement) before this date will be decided under the Rules in effect on 3 June 2020....
This review sets out the key updates to the Immigration Rules (the Rules) in HC 1138 that are most relevant to business immigration advisers, and incorporates later changes to HC 1138 introduced by HC 1201... HC 1201 Issued on 1 April 2014, before HC 1138 took effect, HC 1201 addressed minor defects in HC 1138, such as typographical mistakes and several inaccuracies in implementation dates. It also made two substantive corrections: the deletion of an amendment to Appendix A, para 111(d)(i)(2) that would have restricted roles in the Tier 5 ( Temporary Worker) Religious Worker subcategory from including preaching or pastoral work the re-introduction of references to grants of leave for persons whose last leave was as a qualifying work permit holder to the relevant paragraph (245GE) concerning maximum leave grants for those in the Tier 2 ( Intra- Company Transfer)...
This review outlines the main changes to the Immigration Rules (the Rules) set out in HC 628 that are likely to be of greatest interest to business immigration advisers. It summarises implementation dates and the corresponding decision-making approach for relevant applications made before those dates. Amendments concerning Knowledge of Language and Life in the UK ( Ko LL) apply from 28 October 2013; applications lodged before that date will be determined under the Rules in force on 27 October 2013. The changes concerning the countries and territories participating in the Tier 5 ( Youth Mobility Scheme), and their allocation of places for 2014, take effect from 1 January 2014. All other modifications commence on 1 October 2013. In the majority of cases, where an applicant submitted a request before this date, it will be decided in accordance with the Rules effective on 30 September 2013. Where any...
This analysis summarises the key amendments to the Immigration Rules introduced by the Statement of Changes in Immigration Rules HC 244. These come into force on 1 July 2013 and will apply to all applications decided on or after that date, unless specified otherwise. References to HC 1039 relate to the Statement of Changes in Immigration Rules HC 1039, which largely took effect on 6 April 2013. A number of revisions in HC 244 are intended to rectify errors found in HC 1039. English-language requirements Appendix O— List of approved English-language tests Appendix O of the Immigration Rules sets out the list of English-language tests accepted for meeting the English-language requirement for limited leave to enter or remain under the Rules. Appendix O has been replaced in full, and the updated version covers English-language tests endorsed by the Home Office; previously, these tests were...
This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 1919 HC 1919 was published on 7 March 2019, together with an Explanatory Memorandum. It addresses: the launch of the Start-up and Innovator routes in Immigration Rules, Appendix W, for applicants aiming to establish a business in the UK. These fresh routes replace Tier 1 ( Graduate Entrepreneur) and Tier 1 ( Entrepreneur). A key feature of both is endorsement by trusted UK organisations—such as business accelerators, seed competitions, government agencies and higher education providers—who will evaluate business proposals for innovation, viability and scalability revisions to Tier 2 ( General) under the Points Based System, including: eligible Tier 4 students switching to Tier 2 may apply up to three months before the anticipated completion of their course, rather than...
This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 1118. The Statement of Changes was laid on 15 March 2022, accompanied by an Explanatory Memorandum ( EM). Subscribers can swiftly move to particular sections of this Practice Note using the Table of Contents on the left-hand side of the screen. The key substantive developments include: Launch of the previously signposted ‘ Plan for Growth’ routes Overhaul and rebranding of four existing sub-categories, plus a new secondment strand within the Global Business Mobility visa routes Introduction of the Scale-up and High Potential Individual routes For some of these new pathways, crucial practical details will only be confirmed when the Sponsor Guidance is released, typically on the date the changes take effect. There is also a new Appendix Settlement Family Life, presenting in simplified form the Rules for...
This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 2099. Issued on 1 April 2019, alongside an Explanatory Memorandum, HC 2099 introduces technical revisions to the Immigration Rules, Appendix EU, and the Immigration Rules, Appendix AR ( EU), including: removing 29 March 2019 as the specified date for exit day updating the list of decisions eligible for administrative review to include those made under the Immigration Rules, Appendix EU ( Family Permit) amending the wording in the Immigration Rules, Appendix AR ( EU) so decisions for both leave to enter and leave to remain......
This Practice Note This Practice Note provides, in table form, the specified evidence needed for a person’s employment earnings to be counted towards the minimum income threshold on the five-year route to settlement under Appendix FM of the Immigration Rules. It must be considered alongside the following Practice Notes: Minimum income threshold: Categories A and B: employment—step by step—which explains in detail whose income, what types of employment income, and the ways in which it can be relied upon Minimum income threshold: what you need to show and the general operating principles—which gives further guidance on eligible income and the general rules governing the format of specified evidence The core requirements for specified evidence relating to income from employment are primarily set out in the Immigration Rules, Appendix FM- SE, paragraphs 2–6. Where the table indicates that particular documents are not...
This Practice Note offers an overview and signposts to the principal Acts that contain immigration provisions. It also brings together links to essential materials and websites frequently used by UK immigration advisers during research, including: the Immigration Rules, policy guidance, immigration statistics sources, the Home Office’s timeline of immigration changes, sector bodies. For details on the legal status of core sources of immigration law, such as the Immigration Rules and policy guidance, and related issues like how to read consolidated statutes and the Statement of Changes in Immigration Rules, see: Practice Note: Sources of immigration law and their legal status. See Practice Note: Locating guidance and using archives for immigration research for guidance on researching superseded law and guidance documents. Important note: When accessing UK legislation or the Immigration Rules below, use the table of contents bar at the bottom of the...
ARCHIVED: This year’s round-up surveys the standout developments of 2017 and looks ahead to what 2018 may bring. Over 2017 there were amendments to the Immigration Rules affecting Tier 2, partner and child routes; the arrival of the EEA Regs 2016; Supreme Court judgments on the ‘deport now, appeal later’ approach and on Article 8 under the ‘new’ 2012 Rules (including the minimum income threshold); and a broader roll-out of hostile environment measures. For 2018 we expect definitive clarification on the status of resident EEA/ Swiss nationals and their third country national family members in light of Brexit (following the 8 December 2017 agreement on the citizens’ rights phase), the launch of the ‘settled status’ application process, a new Immigration Bill—potentially distinct from a new Withdrawal Agreement Bill—and further changes to the Immigration Rules. We also provide updates to Lexis Nexis®’s content,...
Crew serving on aircraft, ships and Channel Tunnel trains, together with diplomats and some members of armed forces, are usually either: wholly exempt from UK immigration control partially exempt from UK immigration control exempt from needing entry clearance and leave to enter the UK Overview of exemption from immigration control Full exemption A full exemption from immigration control allows individuals to enter and stay in the UK and prevents deportation for as long as the exemption applies. Those who are fully exempt include: members of diplomatic missions certain consular employees senior officials of specified international organisations Partial exemption Persons with partial exemption are not subject to UK immigration control but can still be deported. Those covered include: consular employees members of governments employees of specified international organisations members of relevant armed forces the spouse or a child under 21 of...
This Practice Note sets out how to contact the principal government offices and other organisations involved in administering immigration control in the UK. It also highlights relevant sector bodies. The Home Office Home Office organisational structure Details of the Home Office’s organisational make-up are publicly accessible via the DATA. GOV. UK website. The material is presented as an interactive organogram (an organisational structure chart) and covers: job titles names of senior post-holders salary ranges for all roles reporting lines for each position General enquiries for applications made in the UK An online contact tool is available for a range of matters, including contact details for specific listed topics such as the webchat service for help with accessing an e Visa. For general queries about applications lodged in the UK: Tel: 0300 790 6268, choose option 2, 09:00–16:45, Monday– Thursday; 09:00–16:30, Friday (excluding bank...
R& I spotlight on immigration Why is this immigration law relevant to insolvency practitioners and their staff? Legislation applicable generally At the outset, employers are obliged to stop unlawful working in the UK by performing the specified document checks before taking on anyone under a contract of employment, for service or apprenticeship, whether express or implied, and whether agreed orally or in writing. These right to work checks confirm an individual is permitted to carry out the role concerned. This applies irrespective of whether terms are spoken or recorded. Employers must also decide a person’s status, because only employees need a right to work check. Individuals may...
This Practice Note sets out the UK regime for insurance-linked securities ( ILS). It outlines what ILS are and identifies the requirements under: the Prudential Regulatory Authority ( PRA) Rulebook for Insurance Special Purpose Vehicles ( ISPVs); Section 284 of the Financial Services and Markets Act 2000 ( FSMA 2000); the Financial Services and Markets Act 2000 ( Regulated Activities) Order 2001, SI 2001/544 ( RAO); the Risk Transformation Regulations 2017, SI 2017/1212 ( RTRs); and the Risk Transformation ( Tax) Regulations 2017, SI 2017/1271 ( RTRs Tax). What are insurance-linked securities? ILS are a risk management tool for insurance and reinsurance firms. Insurers typically address their exposure by entering into arrangements where: the insurer keeps its direct liability to its policy holders; and another firm receives sums corresponding to part of the premium paid by policy holders to the insurer; and is obliged to pay...
This Practice Note It explores the hands-on issues involved in handling an illegal working civil penalty for an employer. It addresses key triggers for a civil penalty and explains the process for issuing, paying, and contesting such penalties. It outlines what events can trigger enforcement action and sets out how notices are served, how liabilities are settled, and how objections or appeals can be pursued. It is intended for employers dealing with such matters in practice. Under section 15 of the Immigration, Asylum and Nationality Act 2006 ( IANA 2006), employers can be fined for employing adults who are subject to immigration control unlawfully. Notably, on 13 February 2024 the cap for repeat offences was increased threefold from £20,000 to £60,000, and a revised associated statutory code of practice commenced the same day. At that point, the first-breach maximum also rose three times over, moving from...
Background Interpol and UNEP estimate wildlife crime is worth up to £17bn globally each year. Criminals exploit wild plants and animals at every point in the supply chain, from poaching and moving specimens to processing and retailing. Such offences are commonly linked with other illegality, including money laundering, corruption and falsified documents. The UK is a world leader in championing action to stop nature’s decline, safeguard wildlife and revive the natural environment. Confronting the illicit wildlife trade is a component of UK biodiversity policy. For further details, see Practice Note: Biodiversity— UK policy and legislative framework. The Environmental Targets ( Biodiversity) ( England) Regulations 2023, SI 2023/91 set a legally binding aim to halt the fall in species’ abundance by 2030, with a goal to reverse that trend by 2042, alongside an additional objective to lower the risk of species’ extinction by 2042. This is...
For fuller guidance on working out the principal charge, please refer to the Practice Note: Relevant property trusts—the principal (ten-year) charge. Trustees of a relevant property trust incur inheritance tax ( IHT) at each tenth anniversary of the trust’s creation. This levy is also described as any of the following: the principal charge the periodic charge the ten-year charge the decennial charge To determine whether IHT arises for a particular settlement, please now see the Practice Note: Is IHT an issue for a particular settlement? Principal charge pro forma The pro forma below sets out a suggested computation: £ £ The value of total accountable property (the notional transfer): Current value of relevant......
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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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