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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 delivers practical direction on the Comprehensive and Progressive Agreement for Trans- Pacific Partnership ( CPTPP) and the UK’s trade in goods within it. It therefore explains how goods from fellow Members are treated and outlines the Members’ tariff phase-out commitments. It also addresses commerce in agricultural produce, alongside tariff-rate quotas and how these are managed. Finally, it sets out the rules of origin that apply to most goods (excluding textiles, clothing and motor vehicles). Introduction The CPTPP is a free trade pact comprising eleven economies: Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. It succeeds the original Trans- Pacific Partnership Agreement ( TPP), in which the United States also participated as a negotiating party. In effect, the CPTPP adopts all TPP provisions except those on accession, entry into force, withdrawal and what...
Overview The Global Talent route is intended to draw established leaders in their field across specified disciplines, together with those who demonstrate the potential to become leaders. The disciplines include: arts and culture (including architecture, fashion design, and film and television) digital technology science, engineering, humanities and medicine From 1 July 2026, the route will be expanded to incorporate a standalone design pathway encompassing additional design roles. It is now set out in the Immigration Rules as Appendix Global Talent, which came into force on 1 December 2020 and was introduced by the Statement of Changes in Immigration Rules HC 813. Previously, it was contained in Appendix W of the Immigration Rules, and it largely replaced the Tier 1 ( Exceptional Talent) route, which was closed to new applicants and to those extending their stay from 20 February...
This Practice Note applies to sponsor licence applications in the Global Business Mobility ( GBM)— Senior or Specialist Worker, Graduate Trainee and UK Expansion Worker routes. It explains the definitions and ways to prove the ‘qualifying overseas business link’ that must exist between a UK company or branch and each overseas entity from which it intends to move staff under these routes. The Practice Note also describes the other evidence to be included with a UK Expansion Worker sponsor licence application relating to the overseas enterprise: the UK footprint requirement, overseas trading presence and a credible expansion plan. What is a qualifying overseas business link? Where a UK-based organisation, or a branch of an overseas company, seeks a sponsor licence in the Senior or Specialist Worker, Graduate Trainee or UK Expansion Worker routes, it must clearly demonstrate that there is a qualifying...
ARCHIVED : This archived Practice Note sets out the pensions impact of the General Election 2024, including the pensions pledges and policy statements from the Labour Party, the Conservative Party and the Liberal Democrats in advance of the General Election on 4 July 2024. It is not maintained and is for background information only. Prime Minister, Rishi Sunak, sought and secured the King’s permission to dissolve Parliament, announcing a General Election for 4 July 2024. Parliament was therefore prorogued on 24 May 2024, and dissolved on 30 May 2024. The parliamentary timetable unfolded as follows: 22 May – PM asked the King to exercise the prerogative to dissolve Parliament 22 May – King Charles agreed to the request and the General Election was announced to the country 23 May – ‘ Wash-up’ period commenced 24 May –...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill was granted Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025), with parts taking effect on that day. Provisions dealing with matters such as handling data subject access requests, and the conferring of powers to create further regulations, commenced immediately on 19 June 2025. Other provisions, covering notices from the Information Commissioner and some aspects of law enforcement processing, took effect on 19 August 2025 (two months from Royal Assent). Most of DUAA 2025’s measures require additional regulations, in the form of statutory instruments, before they can commence. Parts 5 and 6 of DUAA 2025 amend elements of UK data protection and e Privacy law, including the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018, and the Privacy and...
This Practice Note is aimed at law firms, though it may equally assist in-house lawyers. It examines the potential lawful bases under the UK General Data Protection Regulation ( UK GDPR) for processing special category personal data relating to third parties that is received in the provision of legal services. It reflects the UK GDPR and guidance from the Information Commissioner’s Office ( ICO) on the scope of the condition allowing processing where it is necessary for the establishment, exercise or defence of legal claims. For guidance on processing clients’ special category personal data, see Practice Note: Processing special category personal data of clients—law firms. For broader guidance on special category personal data, see Practice Note: How to identify and manage special category personal data. Special category personal data is: personal data revealing racial or ethnic origin, political opinions, religious or...
This Practice Note examines issues, considerations, and recommended approaches for sharing personal data among controllers—covering both joint controllers and independent controllers—in general, commonly encountered business-to-business commercial situations, in line with the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR). It presumes a level of reader familiarity with the principal data protection concepts and terms, as well as the role and remit of the Information Commissioner’s Office ( ICO). For a high-level introduction to this topic and related issues, see: Data sharing and transactions—overview. For a higher-level introduction to UK data protection laws more generally, see Practice Note: Data protection law—new starter guide. The UK data protection law collection brings together further general guidance, including guidance on key terms used in the legislation and their meaning, and is a recommended starting point for data protection...
This Practice Note is specifically aimed at private sector commercial organisations in the UK. It delivers practical, day to day guidance on managing data subject requests under the UK General Data Protection Regulation ( UK GDPR). It sets out typical elements shared by all such requests and the issues that can occur when receiving and responding to a data subject request. This Note also explores compliance strategies designed to best equip your organisation to manage, end‑to‑end, the process for dealing with data subject requests. Under the UK GDPR, individuals have several rights relating to their personal data: a right of access the rights to rectification, erasure and restriction of processing a right to data portability a right to object to processing For further guidance, see Practice Note: Rights of data subjects. A data subject can ask a data controller to exercise any one, or more than one, of these rights at any...
Data security sits at the heart of the UK General Data Protection Regulation ( UK GDPR). The sixth data protection principle — integrity and confidentiality — obliges you to implement suitable technical and organisational steps so that personal data is handled with appropriate safeguards and security when processed, including: protection against unauthorised or unlawful processing accidental loss, destruction or damage This Practice Note draws on ICO guidance regarding personal data breaches under the UK GDPR. It also incorporates further practical pointers and information drawn from ICO guidance on managing data security breaches issued under the previous data protection regime; that guidance has now been withdrawn. The Practice Note additionally aligns with materials from the European Data Protection Board ( EDPB). According to the ICO, although the UK has left the EU, these guidelines continue to be...
STOP PRESS: This document is currently being revised to incorporate the Data ( Use and Access) Act 2025 ( DUAA 2025), which amends the UK GDPR and the Data Protection Act 2018. For further guidance on the compliance implications of DUAA 2025, see Practice Note: Data ( Use and Access) Act 2025—compliance implications. This Practice Note sets out the circumstances in which legitimate interests can be used as a lawful basis for processing personal data under the UK General Data Protection Regulation ( UK GDPR). Its approach is grounded in the UK GDPR and informed by: Information Commissioner’s Office ( ICO) guidance— Legitimate interests under the UK GDPR; European Data Protection Board ( EDPB) Guidelines 1/2024 on processing personal data under Article 6(1)(f) GDPR—per the ICO, EDPB materials are no longer directly relevant or binding in the UK regime, though they may still offer...
This Practice Note offers additional guidance on the principal definitions found in the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 (the UK GDPR). For a high-level overview of UK data protection legislation, see Practice Notes: The UK General Data Protection Regulation ( UK GDPR) and Data protection law—new starter guide. The UK data protection law collection brings together further general guidance and is a recommended first point of reference for research. Scope of this Practice Note Given the significant volume of data moving between the UK and the EEA, corresponding EEA data protection rules remain particularly relevant to UK practitioners. There continues to be substantial similarity between: the EU GDPR (which was applicable under UK laws until the close of the Brexit implementation period at 11 pm UK time on 31 December 2020 and still applies within the EEA) the UK GDPR...
This Practice Note offers a detailed examination of cross-border transfers under the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR). On this topic, there are marked parallels between the UK GDPR and the EU General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), and the emphasis here is on the UK GDPR position. For background on the UK GDPR and how it sits alongside the EU GDPR, consult Practice Note: The UK General Data Protection Regulation ( UK GDPR)— Summary of key legislation. For discussion of comparable questions under the EU GDPR, see Practice Note: EU GDPR—transfers of personal data internationally and to international organisations. Be aware that the framework for international transfers in Chapter V of the UK GDPR has most recently been modified by the Data ( Use and Access) Act 2025 (refer to...
You need to implement suitable safeguards to stop personal data being exposed, whether by accident or on purpose. Information security goes beyond cyber security (the protection of your networks and information systems from attack), because it also includes physical and organisational controls. This Practice Note aligns with the UK General Data Protection Regulation ( UK GDPR) and the ICO’s expectations, as described in the ICO’s A guide to data security. The CIA triad The ICO’s guidance explicitly cites the ‘ CIA triad’: confidentiality, integrity and availability. If any of these three pillars is undermined, the consequences can be serious—for you as a data controller and for the individuals whose data you handle. You must also ensure the resilience of your processing systems and services. Resilience means: whether your systems can keep operating during adverse conditions, eg a physical or technical incident, and your...
This Practice Note This Practice Note outlines how the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) operates differently for ‘public bodies’ (defined in the UK GDPR and also referred to as ‘public authorities’) and other public sector entities, when compared with private sector organisations. ‘ Assimilated law’ is the label applied to retained EU law ( REUL) that continues to have effect after the close of 2023. Re-labelling REUL (and related terminology) as assimilated law signifies a shift in its status and handling under UK law, namely that it is to be read by reference to ordinary domestic law and principles. From 1 January 2024, REUL becomes ‘assimilated’ into domestic law because, in general, it is divested of EU-derived interpretive effects (for example, the supremacy of EU law, directly effective rights, and the general...
This Practice Note is designed for law firms, though it may equally be of direct use to in-house lawyers. It examines the possible lawful bases under the UK General Data Protection Regulation ( UK GDPR) for handling clients’ special category personal data specifically. It mirrors the UK GDPR and the Information Commissioner’s Office ( ICO) current guidance on the reach of the condition that permits processing of special category personal data, ‘processing necessary for the establishment, exercise or defence of legal claims’. For further direction on processing special category personal data relating to third parties, see Practice Note: Processing special category personal data of third parties—law firms. For broader practical advice on special category personal data, see Practice Note: How to identify and manage special category personal data. What is special category personal data? Special category personal data is: personal data disclosing racial or ethnic origin,...
This Practice Note outlines, in straightforward terms, the principal features of the UK General Data Protection Regulation ( UK GDPR). See also: Precedent: Data protection quick reference guide—for staff. Aimed at non-privacy specialists, it is complemented by separate, more comprehensive, Practice Notes on the UK GDPR, for example: How to manage data protection compliance How to process personal data lawfully How to identify and manage special category personal data How to manage consent—personal data Data protection officer (or for law firms: Data protection officer—law firms) How to carry out data mapping How to handle data subject requests How to manage international personal data transfers How to handle data protection complaints How to develop a privacy risk register How to handle personal data for direct marketing How to implement data...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill secured Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025) and taking partial effect that day. Certain DUAA 2025 provisions—covering issues such as handling data subject access requests and granting powers to make additional regulations—took effect immediately on 19 June 2025. Other provisions, relating to notices from the Information Commissioner and elements of law enforcement processing, commenced on 19 August 2025 (two months after Royal Assent). The majority of DUAA 2025’s provisions require further regulations (in the form of statutory instruments) before they can be brought into force. Parts 5 and 6 of DUAA 2025 amend aspects of UK data protection and e Privacy law, including the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data...
UK GDPR This Practice Note outlines the key data protection considerations under the UK General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), where personal data is exchanged in connection with creating or running a joint venture, or with investing in a private equity fund. It summarises the issues to be considered whenever such sharing occurs around formation, operation and related diligence activities. In the context of a joint venture, personal data can be disclosed between prospective joint venture participants as part of pre-entry due diligence, or between the existing joint venture parties and a party contemplating admission to that joint venture, for diligence purposes and before entering into the arrangement. After establishment, the joint venture parties may go on sharing personal data (with one another and potentially with the joint venture company ( JVC)) on an ongoing basis to...
This Practice Note provides practical guidance on how to undertake data mapping Drawing on an article by Nicola Fulford of Hogan Lovells and Krysia Oastler of Kemp Little, first published in the Privacy and Data Protection Journal, this note explains how to approach data mapping. Data mapping—working out which personal data your organisation processes—is commonly identified as one of the first priorities in a data protection compliance programme. Data controllers must maintain a written record of processing activities, which must be produced to the supervisory authority on request. See Precedent: Data processing register... As set out in ICO Guidance: How do we document our processing activities?, a sensible first step is an information audit or data‑mapping exercise to confirm what personal data your organisation holds and where it resides. The guidance highlights the need to engage colleagues across the organisation so nothing is...
Practice Note This Practice Note sits within the Data Protection Negotiation Guide (the Guide). This section of the Guide considers the negotiation of terms relating to: the obligation in Article 28(3)(a) of the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) that a processing agreement must ensure the processor handles personal data solely on documented directions from the controller, and a further connected obligation in the second paragraph of Article 28(3) UK GDPR for a processor to promptly notify the controller if, in the processor’s view, an instruction breaches specified data protection laws For an overview of the Guide and linked materials, see Practice Note: Data protection negotiation guide—controller: processor—introduction. This Practice Note uses several common abbreviations. Those abbreviations are defined separately in the above introduction. As outlined in Practice Note: Data protection...
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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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